Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Note: You will be prompted at the Checkout Page that you Agree to the Terms and Condition Page
THIS AGREEMENT is made this , by and between FERNANDEZ DISCIPLINE, LLC d/b/a DrFernandez.com (herein “We” and “Us”) with its principal place of business at 10733 57th Avenue North, Seminole, Florida, 33772 and Dr. , (“DOCTOR”). The parties shall be bound to these terms and conditions. 1. PROGRAM. We shall provide to DOCTOR The Practice Starters® Program, a unique system for doctors desiring information on starting a new chiropractic practice (“The Practice Starters® Program”, herein called the Program). DOCTOR desires to have access to the Program for use of all or part of it in DOCTOR’S discretion.
2. TERM. The Term of this Agreement shall begin upon DOCTOR’s first payment to Us and continue until DOCTOR has received the ten Program phases or has opened his or her practice or for 24 months, whichever happens first. Immediately upon our receipt of the first payment, DOCTOR shall receive an email with an access code to begin the Program.
3. OUR OBLIGATIONS. We will reveal the Program to DOCTOR over the internet through ten phases. Chiropractic students will be limited to Phase 1 until they are within 6 months of their graduation date. Once they are within 6 months of graduation they may continue through the remaining phases of the Program. DOCTOR and DOCTOR’s chiropractic assistants, staff (excluding associates), and spouse may also utilize the Program materials and attend DrFernandez.com weekend seminars FREE OF SEMINAR REGISTRATION CHARGES until the doctor opens his or her practice. The Program also offers additional Optional Expert Services (“Optional Services), such as telephonic consultations and practice site analyses for additional charges. Click here to view the complete list of Optional Services. DOCTOR is under no obligation to use these Optional Services.
4. DOCTOR OBLIGATIONS.
(a) DOCTOR shall ensure that DOCTOR and any agents of DOCTOR (including without limitation printers, newspapers, directories and other duplicators) shall use all appropriate copyright notices.
(b) Program Fee. DOCTOR shall pay $2475.00 for the Program pursuant to one of the three financial plans set forth at the end of this agreement. If DOCTOR does not select a financial plan, the computer will automatically choose financial plan #3 which states “Initial payment of $99 and then $99 a month to be charged on your credit card monthly for 24 months”. If DOCTOR fails to pay as selected, We shall have the right to suspend all services under this Agreement until DOCTOR’s account is brought current. In the event of suspension, We shall not refund any payments made by DOCTOR.
(c) Indemnity. As some states do not permit the use of certain procedures, business practices, or advertising which may be a part of the subject matter of the Program, DOCTOR SHALL BE SOLELY RESPONSIBLE FOR CONFIRMING THAT EACH PORTION OF THE PRACTICE STARTERS® PROGRAM COMPLIES WITH THE LAWS AND ETHICAL CONSIDERATIONS OF ANY STATE IN WHICH DOCTOR PRACTICES. DOCTOR shall hold the Program and Fernandez Discipline, LLC harmless from all actions resulting from violation of any law and indemnify it for any damages including its attorney fees and costs, incurred as a result of use of any portion of the Program that is not in compliance with any portion of the DOCTOR’S state and/or federal law or any other act by DOCTOR, including any failure to ensure the use of copyrights under Paragraph Three (3).
(d) Acknowledgement of Disclaimer. DOCTOR acknowledges that his/her success will, in major part, be due to DOCTOR’s willingness to correctly apply the Program as presented online. NO REPRESENTATION IS MADE BY THE PRACTICE STARTERS® PROGRAM OR FERNANDEZ DISCIPLINE LLC IN THIS AGREEMENT OR OTHERWISE THAT DOCTOR’S INCOME WILL REACH ANY SPECIFIC AMOUNT. Any representation to the contrary is not binding on Us. DOCTOR expressly agrees that only representations contained in this agreement shall bind Us.
(e) Publicity. DOCTOR authorizes Us and The Program in perpetuity to use, as it chooses, DOCTOR’s name, photograph, correspondence, and practice statistics in live presentations, film, or print in any publications or advertisements. DOCTOR is prohibited from using the service mark, trademark, logo type or other commercial symbol of DrFernandez.com and The Practice Starters® Program.
5. CONFIDENTIALITY. DOCTOR shall not share or divulge, directly or indirectly, any portion of the Program to any person or entity, except as necessary for DOCTOR’s own use in practice. DOCTOR shall advise those necessary others of the confidential nature of the Program and take all necessary precautions to insure the trade secret status of the Program. DOCTOR agrees to pay Us for any such breach in the sum of $2475.00, as liquidated damages and not as a penalty for each party to whom DOCTOR, his or her spouse, staff, or other person receiving information about the Program from DOCTOR discloses any portion of the Program, as well for each party thereafter to whom any portion of the Program is disclosed as a result of DOCTOR’s breach of this provision. For example, if DOCTOR reveals any portion of the Program to a person who in turn reveals such portion to 3 other people, DOCTOR shall owe: $2475.00 + $2475.00 x 3 other people $7425 = $9,900.00. This provision shall survive this Agreement. 6. GENERAL PROVISIONS. Recognizing that substantially all of the performance under this Agreement occurs in Pinellas County, Florida, exclusive venue and jurisdiction of any court action involving this Agreement shall lie with the appropriate federal or Florida state court serving Pinellas County, Florida. The Agreement’s validity and interpretation is governed by Florida law or the federal law of the Middle District of Florida, as appropriate. If either party retains counsel to pursue or defend any claim related to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements. In the event any paragraph herein or substance hereof is ruled ineffective or contrary to law, said ruling shall not invalidate the remaining text of this Agreement. DOCTOR shall not be entitled to assign this Agreement to any other party.
DOCTOR hereby personally checks the ‘I have read and agree with the above terms and conditions’ box below, in lieu of entering his or her own individual name with the intent and agreement to be bound to the terms above. This agreement binds the DOCTOR Individually and as Authorized Agent for all present and future professional entities (corporations, etc) through which DOCTOR tenders or renders professional services.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Practice Starters® Program. The collective work includes works that are licensed to The Practice Starters® Program. Copyright 2003-2016, The Practice Starters® Program ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Practice Starters® Program or purchasing The Practice Starters® Program products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Practice Starters® Program or to purchase The Practice Starters® Program products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Practice Starters® Program. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of The Practice Starters® Program used in the site are trademarks or registered trademarks of The Practice Starters® Program
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Practice Starters® Program disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Practice Starters® Program does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Practice Starters® Program does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
The Practice Starters® Program shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Practice Starters® Program has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a The Practice Starters® Program product is mistakenly listed at an incorrect price, The Practice Starters® Program reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Practice Starters® Program reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Practice Starters® Program shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Practice Starters® Program without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The Practice Starters® Program may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Practice Starters® Program.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Practice Starters® Program product) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Practice Starters® Program products) must be commenced within one (1) year after the claim or cause of action arises. The Practice Starters® Program’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Practice Starters® Program may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Practice Starters® Program or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The Practice Starters® Program does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Practice Starters® Program is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Practice Starters® Program reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Practice Starters® Program in its sole discretion.
You agree to indemnify, defend, and hold harmless The Practice Starters® Program, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, The Practice Starters® Program may link to sites operated by third parties. However, even if the third party is affiliated with The Practice Starters® Program, The Practice Starters® Program has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Practice Starters® Program. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Practice Starters® Program seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).