DR. DITCHEK™ TERMS OF USE

Last Updated: February 12, 2008

Thank you for visiting the www.DrDitchek.com website (“Website”), which is owned, operated and maintained by Pediagreen, LLC, a provider of online information, products and services for optimum health and wellness (“Dr. D™,” “Pediagreen,” “we,” or “us”). These Dr. Ditchek™ Terms of Use (“Terms of Use”) set forth the entire agreement between you and Dr. D™ governing the use of the Website. The Website is designed to provide a convenient, private and informative experience for its visitors, as well as a place to purchase Pediagreen or DR. D™ featured or approved products and services created to facilitate an active, healthy lifestyle. Pediagreen, and our subsidiaries and affiliates, want each visitor to the Website to have a safe, pleasurable Website visit and, as such, we have established the following Terms of Use so that we (and you) know what to expect from each other. You agree to the following Terms of Use, in their entirety, when you: (a) access or use our Website; and/or (b) register as a member on the Website (“Member”), which enables you to access the various Member-based services detailed below (“Services”). These Terms of Use are inclusive of the DR. D™ Privacy Policy (“Privacy Policy”) and any and all other applicable DR. D™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference We may revise these Terms of Use at any time by updating and displaying them on this page. By using the Website and/or our Services, you agree to be bound by any such changes. Please read the following Terms of Use carefully. These Terms of Use contain important information about your rights and obligations. If you do not agree to the terms and conditions contained within these Terms of Use in their entirety, you are not authorized to use the Services and/or Website in any manner or form whatsoever.

THE INFORMATION PROVIDED TO YOU BY DR. D™ IS NOT CONSIDERED PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”). AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS OF USE.

The information presented on the Website is provided for informational purposes only and is in no way intended as medical advice or as a substitute for diagnosis, treatment or for any information contained on or in any product label or packaging. This information should only be used in conjunction with the guidance and care of your physician. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, or any other matter related to your health and well-being. For any products or Services purchased from this Website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on this Website. Information provided on this Website and the use of any products or Services purchased from the Website by you DO NOT create a doctor-patient relationship between you and any of the physicians affiliated with our Website. Information and statements regarding dietary supplements available on or through the Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Requirements/Registration

The Website and/or the Services are available only to residents of the United States and the District of Columbia that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. In order to obtain Services, you must first submit the applicable application form (“Application”) to DR. D™ for review and initial approval. DR. D™ reserves the right, in its sole discretion, to deny access to the Website and/or the Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Website in order to obtain Services may include, without limitation: (a) your full name; (b) mailing address; (c) e-mail address; (d) telephone number; (e) date of birth; (f) gender; (g) credit or debit card information (where applicable); (h) name(s) of your child(ren) that you would like to include in the Services (“Participating Children”); (i) age(s) of Participating Children; (j) gender of Participating Children; and/or (k) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. DR. D™ will verify and approve all registrants in accordance with its standard verification procedures.

If DR. D™ approves your Application, as applicable, DR. D™ will set up your specific account (“Services Account”) and send a confirmation e-mail to the e-mail address that you used to register for the applicable Services. The confirmation e-mail will contain the following information: (a) your User Name; and (b) your Password. You can access your specific Services Account at the Website using your User Name and Password, and then change your Password and User Name at your discretion. You are responsible for maintaining the confidentiality of your Services Account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, User Name and Password including, without limitation, any and all purchases made therethrough.

Copyright and Trademarks

"Pediagreen," "Dr. D™" and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Pediagreen, LLC. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners.

The Website and our newsletter contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Pediagreen owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Website and/or our newsletter for the sole purpose of placing an order with http://www.drditchek.com/. Except as provided in the preceding sentence or as permitted by the fair use privilege under United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on this Website and/or in our newsletters, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.

Orders/Billing

In consideration for your use of the Services as a Member, you agree to pay the Fees (as defined below). You shall have the choice to pay the Fees via the credit card or debit card that you provided during registration or updated at a later date (“Active Credit Card”). You will have three (3) separate Service options to choose from (each, a “Dr. D™ Vitamin Pack”): (a) the Dr. D™ Essentials package for Thirty-Nine Dollars and Ninety-Five Cents ($39.95) per month, plus the shipping and handling fee (“Shipping and Handling”); (b) the Dr. D™ Daily Plus package for Forty-Nine Dollars and Ninety-Five Cents ($49.95) per month, plus Shipping and Handling; and (c) the Dr. D™ Super Daily package for Fifty-Seven Dollars and Ninety-Five Cents ($57.95) per month, plus Shipping and Handling (collectively, the “Monthly Fees”). In addition, you may make a one (1) time purchase of the Dr. D™ Vitamin Packs and not enroll in our Membership program that entitles you to receive monthly Dr. D™ Vitamin Pack shipments. Further, you may also purchase any of the other products and/or services made available on the Website on a one (1) time basis (collectively, “One Time Fees” and together with the Monthly Fees, the “Fees”). Dr. D™ may, in its sole discretion, offer the following promotional plans in connection with marketing the Services:

1. Free Trial: Where Dr. D™ offers its “Free Trial” promotion and you have elected to register for same, upon submitting your initial Dr. D™ Vitamin Pack Application, you will receive a fourteen (14) day supply of the Dr. D™ Vitamin Pack that you selected during registration, and you will be enrolled as a Member. If you do not cancel your Membership within fourteen (14) days of your order date (“Trial Period”), you will receive the supply of the Dr. D™ Vitamin Pack that you selected for the remainder of that month, and your Active Credit Card will be charged the applicable Monthly Fees plus Shipping and Handling. Thereafter, your Active Credit Card will be charged for the applicable Monthly Fees plus Shipping and Handling on a monthly basis, for your ongoing Membership. If you cancel your Membership within the Trial Period, you will not be charged any Fees except for the Shipping and Handling cost of $8.73. Dr. D™ may discontinue the Free Trial promotion at any time, in its sole discretion.

2. Standard Pricing: Unless you have selected the Free Trial option, upon submitting your initial Dr. D™ Vitamin Pack Application, your Active Credit Card will be charged the applicable Monthly Fees plus Shipping and Handling on a monthly basis, for your ongoing Membership.

As an active Member, we will ship the Dr. D™ Vitamin Pack that you ordered to you every month. You agree that all such Monthly Fees may be automatically applied to your Active Credit Card, and that you have the authority to authorize such billing. For so long as your Membership remains active, the Monthly Fees will accrue on the monthly anniversary date of your sign-up, and such Monthly Fees will be charged in advance. You acknowledge and agree that Dr. D™ will not obtain additional authorization from you for each monthly installment of the Monthly Fees charged to your Active Credit Card. Failure to use the Services does not constitute a basis for refusing to pay any of the associated Monthly Fees.

The Fees, together with Shipping and Handling charges, will appear on your Active Credit Card bill through the identifier “Pediagreen, LLC.” All charges are payable in United States currency. Failure to use the Dr. D™ Vitamin Pack, Services and/or other products and/or services purchased by and through the Website does not constitute a basis for refusing to pay any of the associated charges. You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, your purchase of the Dr. D™ Vitamin Packs, Services and/or other products and/or services purchased by and through the Website. All Fees are payable in United States currency. You agree to be bound by the pricing and billing practices of Dr. D™ in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Dr. D™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes.

Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum permitted by law. Your account may be deactivated, and access to the Website, as well as the Services denied, for non-payment. Dr. D™’s authorization to provide and bill its Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Dr. D™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

We reserve the right in our sole discretion to terminate or restrict your use of the Website and/or Services, without notice, for any or no reason, and without liability to you or any third party. Any such termination will be effective immediately.

If you have any questions regarding your Dr. D™ Vitamin Pack, you may call 800-354-1327, seven (7) days a week, twenty-four (24) hours a day. To review the billing terms of your Services Account, you may email us to support@DrDitchek.com.

Cancellation

You may cancel your Services Account at any time; provided, however, that: (a) you will remain responsible for timely payment of any and all Fees that you have already incurred (including any applicable late fees); (b) you shall not receive any pro-rata refund for partial months (other than in connection with the 14-Day Guarantee as described below); and (c) we will not refund any amounts previously paid up to the date of cancellation or termination (other than in connection with the 14-Day Guarantee). If you are not completely satisfied with the Member Services, and decide to cancel your Membership within the first fourteen (14) days of your Membership, we will refund your full Fees, other than Shipping and Handling, and you will not be charged for any subsequent Fees upon your return of the applicable Dr. D™ Vitamin Pack (“14-Day Guarantee”). Simply return the unused portion of your Dr. D™ Vitamin Pack within fourteen (14) days for a full refund, other than Shipping and Handling; provided, however, that there will be no refund issued in connection with the Free Trial promotion 14-Day Guarantee since no Fees are charged within that fourteen (14) day period. Upon receipt of your Dr. D™ Vitamin Pack, we will credit your account in full. Please have your Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Dr. D™.

To cancel your Services Account, call 800-354-1327, or send an e-mail to our support group at support@DrDitchek.com. If you cancel by phone, your cancellation will be effective immediately. If you cancel by e-mail, it will be effective within twenty-four (24) hours of our receipt of the e-mail.

Your Conduct

In connection with using the Website or our Services, you agree not to: (a) impersonate any other person; (b) engage in any unlawful activity; (c) upload commercial content to the Website; or (d) use the Website to solicit others without our express prior written permission.

You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Services and/or any portion thereof. Systematic retrieval of the Services or other content from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Dr. D™ is prohibited. You may not create any "derivative works" by altering any aspect of the Website and/or Services. You may not use the Website and/or Services in conjunction with any other third-party content. You may not exploit any aspect of the Website and/or Services for any commercial purposes not expressly permitted by Dr. D™. Dr. D™ reserves any rights not explicitly granted in these Terms of Use. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure and/or Services. You agree not to access the Website by any means other than through the interface provided by us for use in accessing the Website.

You hereby acknowledge that any violation of any of our policies may result in termination of your access to the Website, and deactivation or deletion of your Services Account and all related information and files.

Use of Information Submitted

Use of the Website and/or Services is subject to our Privacy Policy, which is hereby incorporated into, and made part of, these Terms of Use. You agree that we are free to use, subject to our Privacy Policy and applicable law, any comments, information or ideas contained in any communication that you may send to us, as well as your Registration Data, without notice, compensation or acknowledgement to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website, the Services or any other products or services. To view our Privacy Policy, Click Here.

Usage of Our Website by Minors

Due to the nature of the Internet, we cannot completely prevent minors from visiting the Website. However, all purchases of goods or Services on the Website must be made by adults eighteen (18) years of age or older, and all users who register with the Website must be eighteen (18) years of age or older.

Warranty Disclaimer and Liability Limit

THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE DR. D™ VITAMIN PACK AND/OR ANY OTHER MEMBER SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DR. D™ MAKES NO WARRANTY THAT THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE DR. D™ VITAMIN PACK AND/OR ANY OTHER MEMBER SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOMES; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE DR. D™ VITAMIN PACK AND/OR ANY OTHER MEMBER SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DR. D™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE MEMBER SERVICES AND/OR FROM DR. D™, ANY MEMBERS, THIRD PARTY PRODUCT AND/OR SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DR. D™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DR. D™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE DR. D™ VITAMIN PACK AND/OR ANY OTHER MEMBER SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER MEMBER SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (iv) THE FAILURE TO REALIZE ANY SPECIFIC HEALTH-RELATED OUTCOME; AND (v) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE DR. D™ VITAMIN PACK AND/OR ANY OTHER MEMBER SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DR. D™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF DR. D™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE DR. D™ VITAMIN PACK AND/OR ANY OTHER MEMBER SERVICES MAY BE BROUGHT BY YOU OR DR. D™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DR. D™ ACCESS TO THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE DR. D™ VITAMIN PACK AND/OR ANY OTHER MEMBER SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Dr. D™’s liability shall be limited to the maximum extent permitted by law.

Third Party Websites/Providers

The Member Services and Website may contain products and services offered by third party providers (“Third Party Providers”), as well as links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Dr. D™’s name and logo on their third party websites. Dr. D™ does not control the information, products or services available from these Third Party Providers and on these third party websites. The inclusion of any link does not imply endorsement by Dr. D™ of the applicable Third Party Provider, website or any association therewith. Because Dr. D™ has no control over such Third Party Providers, websites and/or resources, you agree that Dr. D™ is not responsible or liable for the availability or the operation of such Third Party Providers products and services, external websites, for any material located on or available through any such websites and Third Party Providers or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, Third Party Providers or other advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third Party Provider, advertiser or other third party. You further agree that Dr. D™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such Third Party Provider, website or any such dealings or promotions.

Indemnity

You agree to indemnify and hold Pediagreen, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands, costs associated with indemnifying third parties and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and/or Services; (b) your breach of these Terms of Use; (c) your violation of any rights including, but not limited to, intellectual property rights of another Member, individual and/or entity; (d) your violation of any state and/or federal laws, rules or regulations; and/or (e) any misuse of the Dr. D™ Vitamin Pack and/or providing same to third parties. The provisions of this paragraph are for the benefit of Pediagreen, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Our Rights

We may terminate your access, or suspend your access, to all or part of the Website, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another Member, user, a Third Party Provider, merchant, sponsor, licensor or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

Representations and Warranties

You hereby represent and warrant to Dr. D™ as follows: (a) these Terms of Use constitute your legal, valid and binding obligation which is fully enforceable against you in accordance with its terms; (b) your use of the Services or other participation on the Website will not conflict with or violate: (i) any provision of law, rule or regulation to which your are subject; (ii) any order, judgment or decree applicable to you; (iii) any provision of your corporate by-laws or certificate of incorporation, if applicable; or (iv) any agreement or other instrument applicable to you; (c) there is no pending or, to the best of your knowledge, threatened claim, action or proceeding against you; and (d) you will be solely responsible for complying with the terms and conditions of these Terms of Use.

Applicable Law; Dispute Resolution

These Terms of Use shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of these Terms of Use or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.

General Information

Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms of Use are personal between you and Dr. D™ and govern your use of the Website and/or Services. Dr. D™’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of these Terms of Use. There are no third-party beneficiaries of these Terms of Use. The headings of sections or other subdivisions of these Terms of Use will not affect in any way the meaning or interpretation of these Terms of Use. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against, the parties and Dr. D™’s successors and assigns. You are not permitted to transfer any rights and/or obligations pursuant to these Terms of Use without the express written consent of Dr. D™. Any attempt to do so will result in the immediate termination of your Services Account and you will be denied access to the Website.

Dr. D™ may provide notices to Members and users by posting notices or links to notices on the Website. Notices to Members may also be made via e-mail, regular mail, overnight courier or facsimile at the Member’s contact addresses of record as set forth by that party on the Application. If Members wish to provide notice to Dr. D™, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to the address set forth in our “Contact Us” Section below.

Contact Us

If you have any questions about these Terms of Use, please contact us at:

Our toll free number - 800-354-1327

Or send us a letter to:
Customer Service
Pediagreen, LLC
PO Box 2182
Livingston, NJ 07039-7782