Terms of Use
he content and all trademarks, service marks, logos, pictures, slogans, written material and other content and marks used at this store are the property of Marshall Family Wellness, LLC respects the intellectual property of others, and we ask our shoppers to do the same. Failure to comply with US and other country's copyright, trademark and other laws, subject you to criminal and or civil penalties. Hyper-linking or uploading pictures or other content at Encephalon, Inc. is prohibited. For further terms of use information, please see our Terms of Use page.The following User Agreement ("Agreement") governs the use of the Marshall Family Wellness, LLC online service ("Service"), including participation in its online bulletin boards and chats (if any), and access to the various content on the Service, as provided by Marshall Family Wellness, LLC. ("Owner"). Please read this Agreement carefully. By your use of and/or registration on any aspect of the Service, you are indicating your agreement to comply with the terms of this Agreement. If you do not agree with these terms, you are not authorized to use the Service. These terms may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement. Additional terms of use may appear in other places in the Service, and shall be incorporated herein and made a part of this Agreement (to the extent of any conflict, the terms of this Agreement shall control).Your failure to follow these terms, whether listed below or posted at various points in the Service, may result in suspension or termination of your access to the Service, without notice, in addition to Owner's other remedies as may be allowed by law.
We use your data to provide and improve the Service. By using this website, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Disclaimer
The content and material presented for view or sale on this website is for educational and informational purposes only. The content should not be used for diagnosis or treatment of any condition or disease. The case histories presented are provided for illustrative purposes only. No express or implied guarantee of results is made. If you are currently being treated by a physician or other healthcare practitioner for any condition or disease, please consult with that provider prior to changing or modifying any treatment program.
Copyright Infringement
Owner respects the intellectual property of others, and we ask our users to do the same. Owner may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyrights of others (or otherwise appear to violate the law).
Indemnification
You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney fees and legal costs) which may arise from your submissions of Content to the Service, from your unauthorized use of material, email addresses, information, or Content obtained through the Service, from your breach of this Agreement or any of the terms herein, or from any acts related to your use of the Service. Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to this indemnification.
Disclaimer of Warranty
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE OWNER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE OWNER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS. OWNER DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR OTHER HARM TO YOUR SOFTWARE, HARDWARE OR EQUIPMENT, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. This disclaimer does not apply in all states, and therefore may not apply to you.
Limitation of Liability
OWNER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE FROM THE SERVICE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Owner be obligated to pay more than $1500 in cumulative damages (including recovered costs) per action. Some states do not allow a limitation of liability as set forth herein, and some or all of this provision may not apply to you.
Release
YOU HEREBY AGREE TO RELEASE OWNER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SERVICE.
Arbitration
Any and all disputes arising out of, under or in connection with this Agreement or your use of the Service, including, without limitation, infringement claims by or against you and/or Owner, shall be settled by arbitration in Olympia, Washington, pursuant to the rules of the American Arbitration Association. Any decision by such an arbitrator shall be binding upon the parties, and the costs of the arbitration shall be borne by the non-prevailing party.