SusanKallalMD.com site (the “Site”). We provide the products available on the Site to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing the Site, you are acknowledging that you have read, understood, and accept, without limitation or qualifications, to be bound by these Terms and Conditions.
The Site attempts to be as accurate as possible when describing products; however, we do not warrant that product description or other content available on the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.
Indemnification of SusanKallalMD.com
You agree to defend, indemnify and hold harmless SusanKallalMD, and the Providers for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your use of the Site.
With respect to any dispute above the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United States of America and the State of Washington, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of Washington. Any dispute relating in any way to your visit to www.SusanKallalMD.com or to the products you purchase through www.SusanKallalMD.com shall be submitted to confidential arbitration in Washington, except that, to the extent you have in any manner violated or threatened to violate SusanKallalMD, or any of the Providers’ intellectual property rights, SusanKallalMD, or the providers, as the case be, may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction to the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SusanKallalMD.com reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. SusanKallalMD.com may, with or without notice, terminate your rights granted by these Terms and Conditions. You shall comply immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and SusanKallalMD.com or the Site Brands. The failure of SusanKallalMD.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by SusanKallalMD.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. SusanKallalMD.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible the original objectives and intent of SusanKallalMD as reflected in the original provision.