Disclaimer of Warranty
All content, materials, products, services, and information on this website are given on an “as is” and “as available” basis, without warranties of any kind, either said or implied. Neither drbaritz.com nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this website’s information or any other website linked to this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if drbaritz.com is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.
Trademarks and Copyrights
You agree that all content appearing on the website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio sections, icons, digital downloads, data compilations and computer software, are the sole property of drbaritz.com or its partners and suppliers, and are protected by United States and international copyright laws. All content on this website is the exclusive property of drbaritz.com and protected by United States and international copyright laws. All software used on this site is the property of drbaritz.com and protected by United States and international copyright laws. Users are granted permission to browse and use the drbaritz.com website for information only. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this website or the exploitation in any other manner of any content of this website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this website is strictly prohibited. Drbaritz.com does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this site without the prior written consent of Dr. Baritz personally. Registered and unregistered proprietary information is owned and held by drbaritz.com and therefore, you may be liable for infringement or misappropriation or other legal action if you misuse this website in any form either mentioned or unmentioned.
Third Party Websites
Any 3rd party websites are independent from drbaritz.com, and drbaritz.com has no control over, or responsibility with respect to, the information provided, or activities undertaken by any such website. A link between drbaritz.com and another website further does not mean that drbaritz.com endorses that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions. Drbaritz.com expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the factors from 3rd party websites.
User Restrictions
This website is for your personal, non-commercial only. You agree that you will not use this website for any purpose including, but not limited to, advertising, or selling products; to monitor, gather or copy content on this website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other “hidden text” utilizing Dr. Baritz’s name or any trademarks. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website.
Unlawful Conduct
You agree that you are prohibited from posting or transmitting to the drbaritz.com website any libelous, defamatory, obscene, inflammatory, pornographic, or profane way. Drbaritz.com reserves the right to seek all remedies for violations of these terms and conditions.
Product Descriptions
Drbaritz.com attempts to be as accurate as possible. However, drbaritz.com does not claim that any content of this website is accurate, complete, reliable, current or error free.
Revisions
Drbaritz.com may, at its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this website including, without limitation, any content, products, services, or prices offered through this website.
Consent
By accessing, browsing, and/or using this website, you acknowledge that you have read, understood. and agree to be bound by these terms and conditions.
Indemnity
You agree to hold harmless drbaritz.com, its affiliates, officers, employees, agents, licensors and licensees from any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising with your use of this website.
Enforceability and Governing Law
Your use of drbaritz.com is governed with the laws of the Commonwealth of Massachusetts, without regard to its law provisions. Any action against drbaritz.com arising from the use of the website and the provisions of these terms and conditions must be brought by you exclusively in the state or federal courts located in Massachusetts.
Your Representations
You state that you are 18 years of age or older.
Customer Service
If you have any questions, please call us at (508) 583-2565. We are open Monday, Wednesday & Friday 8:30am to 6:30pm and Tuesday & Thursday 2:30 to 6:30pm (EST).
*Disclaimer:
The dietary products may not have undergone evaluation and/or testing by the United States Food and Drug Administration. The recommendation of this program is not designed to diagnose, treat, prevent, or cure medical diseases. Before undertaking any recommendations or changes in diet or exercise within consult with your physician.
Dr. Robert Baritz DC is not a medical doctor – he is a Chiropractor. We do not diagnose or treat medical ailments or diseases. This program is designed for educational benefits only. Any Testimonials referred to in this Website were volunteered by the makers without an offer of compensation. The results referred to in Testimonials may not be typical and others results may vary.
Privacy Policy
Your use of this website is subject to the following privacy policy
Notice
The Website refers to the website at http://drbaritz.com, and related domains. This Website is owned or operated by Robert Baritz DC, Dr. Robert Baritz, PC (collectively, “COMPANY”). This privacy policy (“Privacy Policy”) applies to information that you provide to COMPANY via this Website, and/or by use of other services (collectively, the “Services”) that may be provided by other means or media, including as set forth below and as defined in the applicable Terms and Conditions or other terms. This Privacy Policy is intended to provide you notice of COMPANY’s information management practices. Your use of any COMPANY Service or Website constitutes acceptance of this Privacy Policy.
Personally Identifiable Information That We Collect
The COMPANY will do what it can to protect your information.
*We do not share your information, name, email, phone nor any information you give us via our opt-in forms, quizzes, cookies, etc. You will ONLY get communication from myself (Dr. Baritz) and rest assured that it will NOT be shared or given away. I value you, your personal information and want to keep our relationship pure.
E-mail Newsletter Subscriptions
To subscribe to our e-mail newsletters, you will need to opt in.
Customer Service
Some Services may offer support and technical assistance through customer service centers via telephone, or e-mail.
Cookies and Related Technology
This Website’s pages or e-mail messages may contain cookies. Cookies are information files that this Website may place on your computer to provide extended functionality. The COMPANY may use cookies for a number of purposes, such as tracking usage patterns on the Website, measuring the effectiveness of advertising. Most browsers are initially set up to accept cookies. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions, “Help” screen, or similar such resource to learn more about how to manage cookies and possibly reset your browser to refuse all cookies or to indicate when a cookie is being sent by indicating this in the preferences, options, or similar such menu in your browser.
Special Notice Regarding Children Under 13
COMPANY recognizes the sensitivity of personally identifiable information concerning children under the age of 13 and therefore provides this special notice. COMPANY is committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act (“COPPA”).
Our Commitment to Data Security
While COMPANY takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Websites, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure.
Hyperlinks To and From Other Sites
COMPANY sites may frame, and/or contain links to, or advertisements about, non-COMPANY Web sites. and disclaims all liability associated with your use of, and the content on, such other sites and advertisements.
Consent to Processing in the United States
By providing any personally identifiable information to COMPANY, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America.
Contact Us Regarding Privacy
COMPANY is dedicated to protecting your personally identifiable information and welcomes comments and questions on this Privacy Policy. You may e-mail your questions here.
Notification of Changes
COMPANY reserves the right to change this Privacy Policy and its Terms and Conditions at any time.
Anti-Spam
DRBARITZ.COM is committed to permission-based email marketing practices, and as a result has established this no-tolerance Anti-Spam Policy. DRBARITZ.COM will occasionally update this Anti-Spam Policy. When it does, DRBARITZ.COM will also revise the “last update” date at the top of this Anti-Spam Policy. For changes to this policy, DRBARITZ.COM will notify you (the customer) by placing a notice on its web site home page.
What is Spam?
Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient. It is intrusive and often irrelevant or offensive, and it wastes valuable resources. Spam messages are the opposite of permission-based email, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationship. Inappropriate newsgroup activities, consisting of excessive posting of the same materials to several newsgroups, are also deemed to be spam.
Preventing Spam
Customers of DRBARITZ.COM products and services have agreed during their registration process, upon accepting the Terms of Use, to comply with this Anti-Spam Policy. Specifically, each customer agrees not to use the DRBARITZ.COM products or services to send unsolicited email or bulk email, whether or not for commercial purposes. DRBARITZ.COM reserves the right to determine in its sole discretion what constitutes actionable spam, as well as what measures are necessary in response to such spam activities.
How DRBARITZ.COM Helps You to Avoid Spamming
DRBARITZ.COM has developed its Internet marketing tools to incorporate a strict permission-based philosophy. This anti-spam philosophy is implemented through the following:
- (a) Communication and Agreement – The Terms of Use that you have agreed to as part of registering for the DRBARITZ.COM products and services state how and for what purposes you can collect your site visitor addresses, and that you will follow the DRBARITZ.COM Privacy Policy and Anti-Spam Policy.
- (b) Unsubscription – Each email created using DRBARITZ.COM products contains an “unsubscribe link”. If your web site visitors use the link to request that they be unsubscribed, your subscriber lists will automatically be adjusted to eliminate the prospect of sending unwanted email to such persons.
Additionally, each person on your subscriber list has the option of unsubscribing through a web-based method provided on the DRBARITZ.COM web site. Customers of DRBARITZ.COM who try to remove the unsubscribe link will be warned that they are doing so, and if they persist in having the link removed or deactivated in any way, then DRBARITZ.COM will have the right to terminate their account.
- (c) Purchased Mailing Lists – Mass mailings to purchased email lists are not allowed. DRBARITZ.COM only allows opt-in mailing lists. Purchased or inherited lists are by definition not opt-in. Similarly, you cannot use an email list relating to particular subject matter, and then use it for an unrelated topic.
Laws Restricting Spam
Spam laws vary from state to state, and from country to country. This DRBARITZ.COM Anti-Spam Policy has been developed to conform to the highest commercially reasonable standards. As a result, and without limiting the general prohibitions against all spam activities, the following are expressly prohibited:
- (a) Use of false headers, or other false information, to identify the point of origin or the transmission path of the email, or to hide the true origin of the email sender,
- (b) Unauthorized use of a third party’s internet domain name without the permission of such third party, to make it appear that the third party was the point of origin of the email,
- (c) Use of any false or misleading information in the subject line of the email, and (d) Assisting any person in using the products or services of DRBARITZ.COM for any of these previously mentioned activities.
Questions to Ask Yourself
To help in establishing whether you are participating in activities constituting spam, ask yourself the following questions:
- (a) Are you sending email to non-specific addresses, such as info@smith.com or sales@smith.com?
- (b) Have you deliberately falsified your transmission path information or originating address?
- (c) Are you sending email to mailing lists or distribution lists, which then send indirectly to various other email addresses?
- (d) Have you imported for use a purchased list of any type?
- (e) Are you continuing to mail to anyone who has asked to be deleted from your mailing list?
- (f) Does your email not provide a fully functioning link to unsubscribe?
- (g) Does you email subject line contain false or misleading information?
- (h) Have you used a third party’s email address or domain name without the party’s consent? If you answer yes to any of these questions, you are likely involved in spam activities, and should contact DRBARITZ.COM customer support service at our help desk.
Measures to Enforce the Anti-Spam Policy
Any DRBARITZ.COM customer found to be using DRBARITZ.COM products or services for spamming purposes may, at DRBARITZ.COM’s discretion, be immediately cut off from use of all DRBARITZ.COM products and services and/or fined US$ 1,000 per occurrence, with no refund of fees that have been paid.
DRBARITZ.COM warns all of its customers when signing up that if they participate in spamming activities they will be subject to the loss of DRBARITZ.COM services, fines and possible legal action.
DRBARITZ.COM has the right to actively review its customers’ subscriber lists and email for suspiciously large broadcasts. If DRBARITZ.COM finds any customers to be spamming, it will issue a warning, and if the activities are serious enough, DRBARITZ.COM will take action immediately.
If DRBARITZ.COM has any reason to believe that the customer, despite warning being given, threatens to or is continuing to send spam, then DRBARITZ.COM may take action immediately, including disabling the customer’s account and/or reporting the customer and the incident to the proper authorities.
DRBARITZ.COM does not attempt to censor any content, nor to curtail the business of its customers. However, spam activities do not fall within uses authorized by DRBARITZ.COM, and will not be tolerated.
Reporting Spam
If you believe that you have received spam from or through DRBARITZ.COM’s facilities, please send a complaint from your email account along with the unsolicited email, with completed header, to our helpdesk. Please provide any other information that you believe may help us in our investigation. DRBARITZ.COM does not investigate or take any action based on “anonymous” spam complaints.
False Spam Complaints
DRBARITZ.COM supports the efforts of various organizations working to responsibly eliminate spam activities. However, if an individual has opted-in to receive email from a customer of DRBARITZ.COM, and then falsely or maliciously files a spam complaint against DRBARITZ.COM or its customers, DRBARITZ.COM will cooperate fully with the appropriate agencies to ban the complainant from use of anti-spam software and the Internet community.
Acceptable Use Policy
General Rules
Use of any software or services offered by (“DRBARITZ.COM”) (“DRBARITZ.COM Services“) and including any Merchant Website, Merchant Weblink and Merchant Content as defined in the applicable DRBARITZ.COM terms and conditions, must be lawful, ethical, and respectful of the legal rights and interests of all other persons. Without limiting the generality of the foregoing, the following rules apply to the use of all DRBARITZ.COM Software and Services:
Lawful Use. Use of DRBARITZ.COM Software and Services must comply with all applicable laws and all orders, policies and directives applicable to Internet users and domain name owners.
Other Person’s Rights. Use of DRBARITZ.COM Software and Services must not infringe the rights (including without limitation personal information privacy and personality rights and intellectual property rights) of any other person or assist any person to infringe the rights of any other person. Without limiting the generality of the foregoing, the Merchant Content must not include any material that is or could be considered to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, promoting or providing instructional information about illegal activities, hateful, or racially, ethnically or otherwise objectionable.
No Disruptive Use. DRBARITZ.COM Software and Services must not be used or permitted to be used, directly or indirectly, in any manner or for any purpose that damages, disables, harms, overburdens or impairs any portion of DRBARITZ.COM’s software, hardware, systems and services or any other person’s use and enjoyment of DRBARITZ.COM’s software, hardware, systems and services or the Internet generally, or has the potential to do any of the foregoing (as determined by DRBARITZ.COM in its discretion), including without limitation an excessive amount of traffic to the Merchant Website or Merchant Weblink, an excessive distribution of data by or through the Merchant Website or Merchant Weblink, or any other uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security of the DRBARITZ.COM Software and Services or that may otherwise or result in the circumvention or breach of any user authentication, password, security or control measures regarding the DRBARITZ.COM Software and Services or any other Internet resource or computer system.
No Harmful Content. DRBARITZ.COM Software and Services must not be used to directly or indirectly distribute, transmit, communicate, or otherwise make available any materials that contain any intentional or unintentional virus, trojan horse, worm, time bomb, cancelbot, spyware, malware, disabling device or other computer code that may damage, disrupt, disable, compromise, degrade, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, lock, disable, erase, limit the functionality or use of, or otherwise adversely affect, or facilitate unauthorized access to or use of, the DRBARITZ.COM Software and Services or any other computer system, hardware, software, telecommunications equipment, or data, or any materials that have had any copyright management information or controls altered or removed without the express permission of the owner of the materials.
No Spam. DRBARITZ.COM Software and Services must not be used to directly or indirectly post, upload, reproduce, distribute or otherwise transmit, or collect responses from, any unauthorized or unsolicited email messages, unsolicited junk or bulk messages, unsolicited commercial messages, chain letters, and other forms of spam, and DRBARITZ.COM reserves the right to determine in its discretion whether a message constitutes spam. Users of DRBARITZ.COM Software and Services must not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the DRBARITZ.COM Software and Services.
Prohibited Products or Services. DRBARITZ.COM Software and Services must not be used to sell or promote escort services; firearms; illegal drugs; information used to circumvent copy-protection devices; pharmaceutical or other controlled substances; sexual or adult paraphernalia; unauthorized copies of computer programs; weapons or instructions how to assemble, make or use weapons; or any products or services that are unlawful under any applicable laws. DRBARITZ.COM Software and Services must not be used to provide material support or resources, or to disguise or conceal the nature, location, source or ownership of support or resources, to any organization designated by the Canadian or United States governments as a foreign terrorist organization (e.g. pursuant to section 219 of the U.S. Immigration and Nationality Act).
No Gaming. DRBARITZ.COM Software and Services must not be used to directly or indirectly offer or participate in gambling or other forms of gaming (including without limitation sweepstakes, raffles, lotteries, contests, or pyramid or Ponzi schemes).
Prohibited Purposes. DRBARITZ.COM Software and Services must not be used, directly or indirectly, for any purpose or in any manner that is or may be abusive, contain nudity, deceptive, defamatory, derogatory, discriminatory, false, fraudulent (including impersonation of others), harassing, harmful, hateful, indecent, intimidating, invasive of the privacy rights of others, libelous, misleading, objectionable, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, slanderous, threatening, violent, vulgar, unlawful or otherwise objectionable (as determined by DRBARITZ.COM its discretion), or which advocate, depict, encourage, or tend to incite any such conduct, the commission of a crime or other unlawful activities. DRBARITZ.COM Software and Services may not be used to create websites or directories that act as storage for remote loading or as a door or signpost to another website or directory.
Dealings with Minors. DRBARITZ.COM Software and Services must not be used to sell any product or service to minors or in any manner that may be exploitive of or harmful to minors.
Notices. Use of DRBARITZ.COM Software and Services must comply with all notices DRBARITZ.COM may send to Merchant or post on the DRBARITZ.COM Website regarding proper use of the DRBARITZ.COM Software and Services.
Complaints
DRBARITZ.COM may take such action as it considers appropriate in its discretion if it becomes aware of any inappropriate uses of DRBARITZ.COM Software and Services, without any notice or liability to Merchant or any other person. Without limiting the generality of the foregoing, DRBARITZ.COM’s responses may include immediately blocking access to the Merchant Website or Merchant Weblink or deleting Merchant Content.
Violations of this DRBARITZ.COM Acceptable Use Policy may be reported by sending to info@drbaritz.com an email containing your name, email address, postal address, telephone number, the subject matter of your complaint, and a concise summary of your complaint.
Compliance, Consequences, and Law Enforcement Disclosure
DRBARITZ.COM may in its discretion determine whether this DRBARITZ.COM Acceptable Use Policy has been violated, and may take such technological and other steps as it considers appropriate in its discretion to stop the violation of this DRBARITZ.COM Acceptable Use Policy. Violations of this DRBARITZ.COM Acceptable Use Policy constitute a breach of the Terms and Conditions for DRBARITZ.COM Software and Services, and may result in termination or suspension of DRBARITZ.COM Software and Services and other consequences, and may subject the responsible persons to criminal and civil liability.
DRBARITZ.COM’s failure to enforce this DRBARITZ.COM Acceptable Use Policy, for whatever reason, will not be construed as a waiver of any preceding or subsequent violation of this DRBARITZ.COM Acceptable Use Policy. DRBARITZ.COM will not be liable to Merchant or any other person for failure to enforce this DRBARITZ.COM Acceptable Use Policy.
DRBARITZ.COM may in its discretion report perceived violations of this DRBARITZ.COM Acceptable Use Policy or applicable laws to law enforcement authorities. DRBARITZ.COM will co-operate fully with law enforcement authorities in the investigation of suspected unlawful conduct, including providing Merchants’ and Users’ personal information (including email account information and payment information) and copies of materials used in connection with DRBARITZ.COM Software and Services, including Merchant Content, without any notice or liability to Merchant or any other person.
Nothing in this DRBARITZ.COM Acceptable Use Policy limits DRBARITZ.COM’s rights or remedies in any way with respect to a failure to comply with any of the foregoing provisions (including, without limitation, DRBARITZ.COM’s rights or remedies under the Terms and Conditions for DRBARITZ.COM Software and Services) and DRBARITZ.COM reserves all rights and remedies available to it with respect to such activities at law or in equity.
