Terms and Conditions

1. ACCEPTANCE OF THE TERMS OF USE

These Terms of Use (“Terms”) are entered into by and between you and Dr. R. Andre West (“we” or “us” or “our”). These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of www.westfunctionalmedicine.com, including any content, functionality, and services offered on or through www.westfunctionalmedicine.com (collectively, the “Site”).

Your acceptance of, and compliance with, these Terms is a condition to your use of the Site and to receiving the services made available through the Site (“Services”).

Please read these Terms carefully before you start to use the Site. Accessing, browsing, or otherwise using the Site indicates your agreement to all the Terms herein. If you do not want to agree to these Terms, we ask that you refrain from using the Site.

2. CHANGES TO THE TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page so that you are aware of any changes, as they are binding on you.

3. PRODUCT AND SERVICE INFORMATION

We attempt to be as accurate as possible; however, occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, and availability.

We, therefore, do not warrant that product or service descriptions and Site content are accurate, free of errors, complete, or current. If any product or service ordered from this Site that you receive is not as described, you may contact drandrewestdc@gmail.com.

Further, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Site, including without limitation, pricing information, except as required by law.

4. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was placed.

You agree to provide current, complete, and accurate purchase and account information for all purchases made from this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. DISCLAIMER OF WARRANTIES

The Site is provided on an “as-is” and “as available” basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

6. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall we be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action) will at all times be limited to a maximum of 50 U.S. dollars. The existence of more than one claim will not enlarge this limit.

7. NO MEDICAL ADVICE

Nothing stated or posted on the Site is intended to be the practice of medicine. For purposes of these Terms, the practice of medicine includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnoses, prognoses, or advice. Your access or use of the Site does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our advertisers, partners, or affiliates. If you rely on any of the information provided by our Site, you do so solely at your own risk.

You are encouraged to confirm any information obtained from or through this Site with other sources and review all information regarding any medical condition or treatment with your physician. Never disregard professional medical advice or delay seeking medical treatment because of something you read or accessed through this Site.

8. AVAILABILITY OF SERVICES

We operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to the Site and Services is limited exclusively to users located in states within the United States where the Services are available.

9. NO INSURANCE PRODUCT

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

10. PROHIBITED CONDUCT

Certain conduct on the Site is prohibited, including, without limitation:

1. Copyrighted Content. You must not publish any material on the Site without the written permission of the Site owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run a full investigation and, upon confirmation, will notify the person or persons responsible for publishing it and, in our sole discretion, will remove the infringing material from the Site.

2. Trademarks. The Dr. R. Andre West name and all related logos, product and service names, designs, and slogans are trademarks of Dr. R. Andre West or its affiliates or licensors. You must not use such marks without our prior written permission.

3. Defamatory and/or Objectionable Content. You must not publish defamatory and/or objectionable content on the Site. Any views or opinions you publish on the Site belong solely to you and do not represent our views. We reserve the right to moderate or remove any objectionable content, as determined in our sole discretion.

4. Illegal Content. You may not use the Site to engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation:

Distributing malware or other malicious code.

Misrepresenting or fraudulently representing products or services.

Infringing the intellectual property or other proprietary rights of others.

Disclosing sensitive personal information about others.

Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.

Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.

Facilitating pyramid schemes or other models intended to seek payments from public actors.

Threatening harm to persons or property or otherwise harassing behavior.

Purchasing any of the offered Services on someone else’s behalf.

Facilitating, aiding, or encouraging any of the above activities through the Site.

System Abuse and Service Resources. You may not consume excessive amounts of the resources of the Site or use the Site in any way which results in performance issues or which interrupts others’ use of the Site. Such prohibited activities include, without limitation:

Use or distribution of tools designed for compromising security of the Site

Deliberate attempts to overload the Site

Engaging in any other activities that degrade the usability and performance of the Site.

Hosting or running malicious code or other scripts or processes that adversely impact the Site.

Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.

Use of web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously.

Intentionally or negligently transmitting files containing a computer virus or corrupted data.

11. TERMINATION AND SURVIVAL

We may, in our sole discretion and at any time, terminate or temporarily suspend your rights under these Terms, including your access to the Site for any reason. We may also, in our sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. You understand and agree that we may take any one or more of these actions without any notice to you, prior or otherwise, and you understand and agree that we shall have no obligation or liability to you or any other person for any termination of your, or anyone else’s, access to or use of the Site or parts thereof. You may discontinue your access to, use of, or participation on the Site at any time.

Even after your use of the Site discontinues, these Terms shall remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

12. INDEMNIFICATION

You agree to indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors, and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from your use of the Site, your connection to the Site, any violation of the Terms by you, or your violation of any rights of another party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.

13. CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. By continuing to use the Site after we make any such changes, you agree to the updated Terms.

14. PRIVACY PRACTICES

You agree that information provided by you in connection with the Site and Services shall be governed by our Privacy Policy and Cookies Policy, and hereby incorporated and made part of these Terms.

15. LINKS TO THIRD-PARTY WEBSITES

The Site may provide links to third-party websites. These links are provided only as a convenience. Linked websites are not reviewed, controlled, or examined by us, and we are not responsible for the information, advertising, products, resources, or other materials of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by us. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that site.

16. GOVERNING LAW, JURISDICTION, AND VENUE

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Hawaii regardless of where you live.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Hawaii, in each case located in the City and County of Honolulu. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Any party who unsuccessfully challenges the enforceability of this clause shall reimburse the prevailing party for its attorneys’ fees.

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Dr. Brian West regarding the Site and supersede any prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

18. SEVERABILITY

If any term or provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

19. DISCLAIMER

By registering/enrolling in the mini-course, you acknowledge and agree that the Program is intended for informational purposes only. The information provided in the course is not meant to replace professional medical advice or treatment. It is essential that you consult with your primary doctor or healthcare provider before making any changes to your medications, health regimen, or treatment plan.

The content presented in the mini-course is based on general principles and concepts of functional medicine. While efforts have been made to ensure the accuracy and reliability of the information, individual results may vary. The Program is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

It is crucial that you work closely with your primary doctor or healthcare provider to evaluate your specific situation and determine the best course of action for your health. They are in the best position to assess your medical history, provide personalized advice, and monitor your progress.

By participating in the mini-course, you agree to take full responsibility for your health decisions and understand that the Program is not a substitute for professional medical advice. Always seek the guidance of your primary doctor or healthcare provider before making any changes to your health routine or treatment plan.

Remember, your health is a priority, and your primary doctor or healthcare provider is your trusted source for medical guidance and support.

20. YOUR COMMENTS AND CONCERNS

Any feedback, comments, requests for technical support, and other communications relating to the Site should be directed to drandrewestdc@gmail.com.

Contact Us

Dr. R. Andre West West welcomes your questions or comments regarding the Terms:

www.westfunctionalmedicine.com Dr. R. Andre West (Wellness Clinic)

drandrewestdc@gmail.com

Telephone number: 808-272-5386

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Effective as of August 31, 2024

Privacy Policy

Last Updated and Effective as of 08-31-2024.

1. INTRODUCTION

Dr. R. Andre West, DC (“we” or “us” or “our”) respects the privacy of our users (“user” or “you” or “your”). This Privacy Policy (“Policy”) explains how we collect, use, disclose, and safeguard your personal information when you visit our website or app (the “Site”). Please read this Policy carefully. If you do not agree with the terms of this Policy, please do not access the Site.

We reserve the right to make changes to this Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Policy. Any changes or modifications will be effective immediately upon posting the updated Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Policy by your continued use of the Site after the date such revised Policy is posted.

2. WHEN DOES THIS POLICY APPLY?

This Policy applies solely to our online information collection, use, and disclosure practices in connection with the Site. It applies to any information we may collect from you when you visit or use the Site or when we communicate with you via any electronic means, such as email, text message, or video conference.

3. WHEN DOES THIS POLICY NOT APPLY?

This Policy is only applicable to the Site and not to any other website or service that you may be able to access from the Site or use in connection with the Site. When you click on an advertisement or a logo displayed on the Site that links you to a different website, or when you use any third-party app, tool, widget, plug-in, or extension on the Site, information about you may be collected through automated means. We do not control and are not responsible for, any third party’s collection and use of your personal information. You should refer to the privacy policies of such third parties to learn about their information collection, use, and disclosure practices.

This Policy also does not apply to information collected from users who log in to the password-protected and secure portions of our Site (“Secure Platform”). All information collected and stored by us or added by Customers into such Secure Platforms is considered Protected Health Information (“PHI”) and is governed by applicable state and federal laws that apply to that information. We will not use or disclose information collected from the Secure Platform for advertising, marketing, or other data mining purposes. We will not sell any PHI.

4. WHAT INFORMATION ABOUT YOU DO WE COLLECT?

By accessing the Site, you may provide to us with two general types of information: (1) personally identifiable information that you voluntarily choose to disclose to us, such as your name, address, telephone number, email address, and credit card information; and (2) non-personally-identifiable information, which we collect through the use of technologies such as “cookies,” “web beacons,” or “weblogs.”

More specifically, the information we may collect on the Site includes:

a. Personally Identifiable Information

Generally, we do not collect personally identifiable information about you unless you provide that information to us. Such personally identifiable information may include your:

First and last name
Telephone number
Mailing address
Email address
Health or medical information
Biometric information, such as photographs
Credit card information
Social media account information, including usernames and handles
Other information via social media accounts (e.g., friends lists)
Data you have the ability to place on the Site, such as reviews

b. Non-Personally Identifiable Information

Information our servers automatically collect when you access the Site, such as your:

Mobile data, including device, ID, and manufacturer
IP address
Geolocation data
Browsing history within the Site

5. HOW DO WE USE YOUR INFORMATION?

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:

Enable communication between you and us
Create and maintain your account
Process orders and complete transactions
Generate a patient mailing or email list for other marketing purposes
Administer surveys or questionnaires
Authenticate use, detect fraud, and otherwise maintain the security of our Site

6. TO WHOM MAY WE DISCLOSE YOUR INFORMATION?

We may share information we have collected about you to certain entities.

a. Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, web hosting services, customer service, and marketing assistance.

b. Third-Party Advertisers

We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site in order to provide advertisements about goods and services of interest to you.

c. Our Affiliates

We may share your information with our affiliates, in which case we will require those affiliates to honor this Policy. Affiliates may include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

d. Our Potential Successors

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur, and that the transferee may decline to honor commitments we made in this Policy.

7. HOW DO WE PROTECT YOUR INFORMATION?

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

8. HOW CAN YOU CONTACT US?

If you have questions or comments about this Policy, please contact us via email at drandrewestdc@gmail.com