1. Introduction. Welcome to the Web Sites of the Blum Center for Health Education, LLC (the “Center” or “we”), which includes www.blumcenterforhealth.com, www.immuneprogram.com and www.blum centerstore.com (collectively, the “Blum Center Site”). On the Blum Center Site, among other things, you can arrange for a consultation, sign up for cooking classes and mind/body/spirit classes, and learn about other ways to fight fatigue, stress and depression, buy our cookbook (the “Cookbook”), buy our BLUMMDBOX® dietary and supplement kits, download “e-guides” that you can use to change your eating and health habits, and peruse our menu of BlumMDKitchen™ “Organic To Go” foods that you can order through the Blum Center Site or pick up in person. You also can participate in the Immune System Recovery Plan (the “Immune System Recovery Plan”) that is described and explained in the book The Immune System Recovery Plan (the “Book”) by Dr. Susan Blum (“Dr. Blum”), to be published by Simon & Schuster in April 2013. If you read and follow the Immune System Recovery Plan, you can buy the Book, buy “starter kits” for the different phases of the Immune System Recovery Plan that contain samples of some of the supplements and other products recommended as part of the Immune System Recovery Plan (collectively, “Plan Supplements”), read testimonials from participants in the Immune System Recovery Plan and frequently asked questions (“Plan FAQ’s”) about the Immune System Recovery Plan, submit your own questions to be answered as part of the Plan FAQ’s, and read and download recipes (“Recipes”).
3. Intellectual Property
- User-Generated Content. If you submit a question for the FAQ’s, a “true story” about your experience with the Immune Recovery System Plan (a “Story”), or any other content (collectively, “User-Generated Content”), you grant, and you represent and warrant that you have the right to grant, the Center an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to reproduce, publicly display, and distribute copies of that User-Generated Content, and both to edit that User-Generated Content and to incorporate that User-Generated Content into the Blum Center Site as the Center may see fit. If you submit or otherwise authorize the publication of a Story, you represent and warrant that the Story is true and accurate and that it does not defame or invade the privacy of any person, and you consent to the publication of your name as the author/subject of the Story.
- If you believe that content that you own has been posted on the Blum Center Site without your permission,please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Blum Center Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached as follows:
Blum Center for Health
34 Rye Ridge Plaza
Rye Brook, NY 10573
4. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
- Blum Center Generally
- As we noted above, the Center offers many opportunities, including classes and other activities to help you change your health and lifestyle (collectively, “Activities”). The fact that the Center offers such Activities does not mean that each Activity is right for you, that you are in the appropriate physical or mental condition to participate in each Activity, or that you will benefit from each Activity. WE STRONGLY RECOMMEND THAT YOU COME FOR A PERSONAL CONSULTATION OR CONSULT YOUR PERSONAL PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE YOU SIGN UP FOR ANY ACTIVITIES.
- We offer individual supplements and kits such as the “Gut Cleanse” BlumMDBox® (each, a “BlumMDBox®”). Each BlumMDBox contains herbal supplements, digestive and/or other enzymes, and/or other nutrients. One or more of those ingredients may not agree with you. Supplements, enzymes and other nutrients can have different effects on different people. For example, any herbal or other supplement may cause side effects such as stomach upset, nausea and diarrhea, even if you take it according to the directions on the package. Some people are particularly sensitive to certain supplements. Some supplements may not have any negative impact on you but they may not relieve your symptoms. A meal prepared from a particular Recipe also may not agree with you. NEITHER THE SUPPLEMENTS NOR THEIR SUGGESTED USE HAS BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS RECOMMENDED AND SOLD ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. YOU SHOULD COME IN FOR A CONSULTATION OR CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY SUPPLEMENT ON THIS SITE OR OTHER ITEM CONTAINED IN ANY BLUMMDBOX.
- The Center produces and sells written health, diet and other guides in print and DVD form (collectively “Guides”). We also sell health, diet and other kinds of DVD’s and other products produced by third parties, such as DVD’s of meditation exercises (“Third-Party Products”). We sell these products because we think they can be helpful, but NO GUIDE OR THIRD-PARTY PRODUCT IS INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE CENTER AND DR. BLUM AND THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES SPECIFICALLY EXPRESSLY DISCLAIM ANY WARRANTY THAT ANY PARTICULAR GUIDE OR THIRD-PARTY PRODUCT IS APPROPRIATE FOR YOU, THAT YOU WILL BE ABLE TO FOLLOW THE DIRECTIONS OR PERFORM THE EXERCISES THAT IT PRESCRIBES, THAT YOU WILL NOT INJURE YOURSELF USING SUCH GUIDE OR THIRD-PARTY PRODUCT, OR THAT YOU WILL BENEFIT FROM FOLLOWING SUCH DIRECTIONS OR PERFORMING SUCH EXERCISES.
- We sell our BLUMMDKITCHEN™ organic foods through the Blum Center Site. While we think they are much healthier than most prepared foods on the market, and we make them without the ingredients that bother most people, including dairy, eggs, and gluten, it is always possible that you may be allergic to one of the ingredients or that a particular item or dish may not agree with you. BE SURE TO READ THE INGREDIENTS OF ANY BLUMMDKITCHEN™ ITEM TO MAKE SURE YOU ARE NOT ALLERGIC TO ANY OF THE INGREDIENTS. WE CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY ALLERGIC REACTION OR OTHER REACTION YOU MAY HAVE TO ANY BLUMMDKITCHEN ITEM.
- YOUR USE OF THE BLUM CENTER SITE OR ANYTHING THAT YOU MAY SAMPLE, BUY, USE OR ACCESS THROUGH THE BLUM CENTER SITE AND/OR YOUR PARTICIPATION IN ANY ACTIVITY OFFERED THROUGH THE BLUM CENTER SITE WILL NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND DR. BLUM OR ANY OF THE OTHER HEALTHCARE PROFESSIONALS WHO PROVIDE SERVICES AT THE CENTER.
- THE CENTER AND DR. BLUM AND THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTA-TIVES SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY INJURY, DAMAGE OR LOSS THAT YOU MAY INCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF PARTICIPATING IN ANY ACTIVITY, USING ANY SUPPLEMENT, BLUMMDBOX®, GUIDE OR THIRD-PARTY PRODUCT, EATING ANY BLUMMDKITCHEN PRODUCT, OR USING ANYTHING ELSE THAT YOU MAY SAMPLE, BUY, PARTICIPATE IN OR ACCESS THROUGH THE BLUM CENTER SITE, OR FOR THE FAILURE OF ANY ACTIVITY , BLUMMDBOX®, THIRD-PARTY PRODUCT OR BLUMMDKITCHEN PRODUCT, OR ANYTHING ELSE THAT YOU MAY SAMPLE, BUY, PARTICIPATE IN OR ACCESS THROUGH THE BLUM CENTER SITE, TO ALLEVIATE YOUR SYMPTOMS OR IMPROVE YOUR CONDITION.
- The Immune System Recovery Plan
- The Immune System Recovery Plan section of the Blum Center Site at www.immuneprogram.com contains opinions and ideas of Dr. Blum that relate to the ideas and opinions that she expresses in the Book and is intended to offer you ways to implement some of the principles and practices discussed in the Book. NEITHER THE BOOK NOR ANY INFORMATION ON THE IMMUNE SYSTEM RECOVERY PLAN SECTION OF THE BLUM CENTER SITE IS IN ANY WAY A SUBSTITUTE FOR THE ADVICE OF YOUR OWN PHYSICIAN(S) OR OTHER MEDICAL PROFESSIONALS BASED ON YOUR OWN INDIVIDUAL CONDITIONS, SYMPTOMS, OR CONCERNS. If you need personal medical, health, dietary, exercise, or other assistance or advice, you should consult a competent physician and/or other qualified healthcare professionals.
- YOU ALSO SHOULD CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY PLAN SUPPLEMENT. Supplements have different effects on different people. Any herbal supplement, including any Plan Supplement, may cause side effects such as stomach upset, nausea and diarrhea, even if you take it according to the directions on the package. Some people are particularly sensitive to certain supplements. A meal prepared from a particular Recipe also may not agree with you. Some Plan Supplements may not have any negative impact on you but they may not relieve your symptoms.
- FOLLOWING THE IMMUNE SYSTEM RECOVERY PLAN AND/OR TAKING ANY PLAN SUPPLEMENTS OR DOWNLOADING ANY GUIDES OR RECIPES WILL NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND DR. BLUM OR ANY OF THE OTHER HEALTHCARE PROFESSIONALS WHO PROVIDE SERVICES AT THE CENTER.
- THE CENTER AND DR. BLUM SPECIFICALLY DISCLAIM ALL RESPONSIBILITY FOR ANY INJURY, DAMAGE OR LOSS THAT YOU MAY INCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF FOLLOWING ANY DIRECTIONS OR SUGGESTIONS OFFERED ON THE IMMUNE SYSTEM RECOVERY PLAN SECTION OF THE BLUM CENTER SITE, TAKING ANY PLAN SUPPLEMENT OR EATING FOOD PREPARED FROM ANY RECIPE THAT IS OFFERED IN THE IMMUNE SYSTEM RECOVERY PLAN SECTION OF THE BLUM CENTER SITE, OR FOR THE FAILURE OF ANY PLAN SUPPLEMENT OR THE IMMUNE SYSTEM RECOVERY PLAN AS A WHOLE TO ALLEVIATE YOUR SYMPTOMS OR IMPROVE YOUR CONDITION.
- Other Disclaimers of Warranty. THE CENTER AND DR. BLUM ALSO DISCLAIM ANY WARRANTY OF ANY KIND RELATING TO THE TECHNICAL RESULTS OF YOUR USE OF OR INTERACTION WITH THE BLUM CENTER SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE BLUM CENTER SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE BLUM CENTER SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
6. Shipping, Returns and Refunds
- Shipping Generally. We ship to addresses in the United States except for Hawaii. We do not ship to APO addresses and P.O. Boxes. All packages are shipped through UPS Ground. You will receive your purchased items within seven business days from the date on which your order is processed. Orders are typically processed within 24 hours of the time you place your order. Orders placed after 4:00pm on Friday will be processed the following Monday.
- Shipping Fees. If you are placing a regular order in the continental United States, you can be eligible to return the purchased item within our return guidelines (below).
- UPS Delivery Policies. All shipping is subject to UPS’s terms and conditions.
- Returns. You may return any unopened Supplement or Third-Party Product within 14 (fourteen) days of receipt for a full refund. You may not return our BlumMDKitchen™ Nutrition Guide and Cookbook, Learn to Relax Tool Kit, Simply Detox Program Guide, and Heal Your Gut Program Guide because they are not sealed and therefore can be used or copied. If you are returning something because we sent you the wrong item, we will pay the shipping costs. To initiate a return, email us at firstname.lastname@example.org for a return authorization. Please include your name or the name of the recipient, the order number and date of purchase, all of which can be found on the sales receipt/packing list enclosed in the box. We will contact you with instructions on how to complete the return or exchange in the form of a return authorization.
- Once you have received a return authorization, you may return the item(s) to:
Blum Center for Health
34 Rye Ridge Plaza
Rye Brook, NY 10573
8. Indemnity. You will indemnify and hold harmless the Center, Dr. Blum, and their affiliates, partners, directors, employees, agents and representatives from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims”) made by any third party (which means anyone other than you) due to or arising out of your use of the Blum Center Site, including, without limitation, any Claim arising from your providing any third party with any products that you have bought through the Blum Center Site.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE CENTER OR DR. BLUM OR ANY OF THEIR AFFILIATES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE BLUM CENTER SITE, THE BOOK, ANY GUIDE OR OTHER WRITTEN MATERIAL, ANY BLUMMDBOX, ANY THIRD-PARTY PRODUCT, ANY BLUMMDKITCHEN™ PRODUCT, THE IMMUNE RECOVERY PLAN, ANY PLAN SUPPLEMENT, OR ANY RECIPE, OR YOUR PARTICIPATION IN ANY CLASS, OR YOUR USE OF OR PARTICIPATION IN ANYTHING ELSE THAT YOU MAY ACCESS, USE, READ, EAT OR BUY THROUGH THE BLUM CENTER SITE, YOUR INABILITY TO USE THE BLUM CENTER SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BLUM CENTER SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
What personal information do we collect on the Blum Center Site, how do we collect it, and who has access to it?
- If you “Ask Us Anything” by submitting a question to us by e-mail, we will not keep your name and your e-mail address.
- If you are at www.immuneprogram.com or www.blumcenterforhealth.com and you want to buy supplements, books, or other products, you will be taken to www.blumcenterstore.com. To make a purchase there, you will have to set up a profile that includes your first and last names, street address, phone number and e-mail address. The personal information you provide there, and any credit-card information you provide, will be handled and processed internally by the Center and will be used to send you a sign-up confirmation and a purchase confirmation each time you buy something.
- If you want to sign up for a class at the Center, you will need to set up an account through MindBody Online, as described above.
How do we use the personal information that we and our partners collect?
If you sign up for the Center mailing list, we will use your e-mail address to send you, through Constant Contact, newsletters, information about special events, recipes from the Blum Center kitchen and other events and issues that we think may be useful to you.
- When you set up an account or sign up for a class through our MindBodyOnline account, or if you buy something at www.blumcenterstore.com or our MindBodyOnline store, you will receive a confirmation e-mail directly from MindBodyOnline or the Blum Center Store, whichever applies.
- We also may provide your e-mail address to our affiliates and others in the field of nutrition and functional medicine who offer products and services that may be of use to you.
- If we are required to disclose your personal information by any applicable law, court order, or government regulation, we will comply with such laws, orders or regulations.
Do any third parties have access to information about me through my use of the Blum Center Site?
What about non-confidential information that you transmit to us?
Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and nonproprietary. We may use anything you transmit to us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and/or ranking.
Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services using such information.
How can you be sure that your information is secure on the Blum Center Site?
We take reasonable steps to protect your information as you transmit it from your computer to our site and to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure. Moreover, where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.
What about other Web sites to which the Blum Center Site is linked?
How can you correct your personal information on this site?
You can update any account or profile information at any time. You can make these updates on the My Account section of the Blum Center Site. You can also contact us anytime at 914-652-7800 and our staff can assist you with any updates.
How will you know if this policy has changed?