All information in this web site is provided for educational purposes only; statements contained here are reported in an effort to preserve traditional cultural lore and information. The ideas expressed here are not intended to and cannot be used to diagnose, prescribe, treat, cure or prevent any disease. The information contained on this web site is not meant to be used for diagnosing, prescribing, treating, curing or preventing any disease or illness. The information contained on this web site has not been evaluated by the Food and Drug Administration (FDA) and is presented for informational purposes only, for use in helping to maintain and promote health in cooperation with a physician. Nothing found anywhere on this web site should be construed as an attempt to diagnose, prescribe or recommend in any manner a treatment, cure or preventative for any health ailment or condition.
REMY COEYTAUX, MD, PC, (DBA MD Āyurveda) declares that discussing the structure and function of the body-mind-spirit complex according to the January 2000 FDA’s DSHEA guidelines, when the substance is a food or dietary supplement, makes the online (and constitutionally protected First Amendment free speech) “conversation” between anyone at MD Āyurveda and the person who seeks Ayurvedic food supplement products or services clearly educational, and removes any intent to prescribe for a particular disease or illness.
MD Āyurveda declares to be aware of the FDA’s definition of disease, which is “damage to an organ, part, structure, or system of the body such that it does not function properly (e.g., cardiovascular disease), or a state of health leading to such dysfunctioning (e.g., hypertension); except that diseases resulting from essential nutrient deficiencies (e.g., scurvy, pellagra) are not included in this definition.”[i]
Hence, we declare that MD Āyurveda and the products and services MD Āyurveda offers “do not diagnose, mitigate, treat, cure, or prevent disease” or illness or symptoms as defined by the FDA and the State of California. We declare that the products and services we offer do not “augment a particular therapy or drug action that is intended to diagnose, mitigate, treat, cure, or prevent a disease or class of diseases,” illnesses, or symptoms, nor do we “treat, prevent, or mitigate adverse events associated with a therapy for a disease, if the adverse events constitute diseases.”[ii]
MD Āyurveda declares its support of the Food and Drug Administration’s DSHEA Act [Dietary Supplement Health and Education Act][i] where it supports our contention that herbs, herbal foods, herbal oils, herbal ghees (clarified butter), vitamins, minerals, and enzymes are food supplements and not medicines or remedies.
MD Āyurveda declares its First Amendment Right to free public and private speech (written or oral) regarding the traditional uses of herbs, herbal foods, herbal oils, herbal ghee (clarified butter), vitamins, minerals and enzymes, and food or herbal supplements in general, as described in the ancient texts, sutras and scriptures of India, Tibet and China, as well as in regards to the information that is available to the public about vaccinations and other health related issues.
MD Āyurveda declares with respect to all of its products and services offered to the public that “The evidence in support of this claim is inconclusive and this statement has not been evaluated by the Food and Drug Administration. This product or service is not intended to diagnose, treat, cure, or prevent any disease.”
This declaration of MD Āyurveda is based on our understanding of the precedent set by the successful “challenge before the U.S. Court of Appeals for the District of Columbia Circuit in Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999), ruled that the agency” (the FDA) “must permit health claims that do not satisfy the ‘significant scientific agreement’ standard as long as the claim can be rendered non-misleading by requiring a disclaimer. The Court examined possible disclaimers in some detail, and suggested that the FDA concerns regarding misleading information could, under many circumstances, be addressed by a disclaimer as simple as: ‘The evidence in support of this claim is inconclusive.’ The court also ruled that the FDA’s unwillingness to define ‘significant scientific agreement’ was a violation of the Administrative Procedures Act, in that the agency did not provide a clear standard that notified manufacturers of the FDA’s requirements, nor did it create a sufficiently clear standard upon which the FDA’s determinations could be reviewed. Comments on the proposed rule argued in light of Pearson that the FDA may not issue a final rule that prohibits disease claims but rather must choose the less restrictive alternative of permitting such claims, provided that they are accompanied with disclaimers.”[i]
MD Āyurveda intends the information contained in this web site to be accurate and reliable. However, errors may occur. Therefore, MD Āyurveda disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this web site, including without limitation the merchantability or fitness for any particular purpose.
[i] The FDA’s definition of disease, for purposes of 21 U.S.C. 343r(6). From Sec. 101.93 certain kinds of statements for dietary supplements of the DSHEA: Dietary Supplement Health and Education Act. See Dumoff, Alan, J.D., M.S.W., “Defining ‘Disease’: The Struggle for Turf in Dietary-Supplement Regulation,” Alternative and Complementary Therapies, April 2000 issue, p. 101.
[ii] From Sec. 101.93 certain kinds of statements for dietary supplements of the DSHEA: Dietary Supplement Health and Education Act. See Dumoff, Alan, J.D., M.S.W., “Defining ‘Disease’: The Struggle for Turf in Dietary-Supplement Regulation,” Alternative and Complementary Therapies, April 2000 issue, p. 101.
REMY COEYTAUX, MD, PC, DBA MD Āyurveda, (“www.MDĀyurveda.com”), hereafter referred to as “The Company” and “Website”, owns and operates this Website. This document governs your relationship with The Company and its website. Access to and use of the Website and the products and services available through the Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time and without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
The Company reserves the right to withdraw or amend its Services without notice. We will not be liable, if for any reason this Website is unavailable at any time or for any period of time. And from time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and The Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.MDĀyurveda.com and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and final confirmation of the order price from a duly authorized representative. An automated email after initial purchase does not constitute a binding agreement between The Company and a purchaser.
In order to contract with www.MDĀyurveda.com you must be over 18 years of age. www.MDĀyurveda.com retains the right to refuse any request made by any purchaser as the result of any order. If your order is accepted by a duly authorized representative we will inform you by personal email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card which will be used for final in-store payment and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been ordered correctly, including but not limited to, pricing.
Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur from time to time. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
Upon receiving your order and after final confirmation, we will notify you of where to pick up your item and where to make your final in-store payment.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, www.MDĀyurveda.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.MDĀyurveda.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page or any other published page of your site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.MDĀyurveda.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.MDĀyurveda.com.
You agree to indemnify, defend and hold harmless www.MDĀyurveda.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.MDĀyurveda.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.MDĀyurveda.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.MDĀyurveda.com.
How Your Information Is Collected and Used
When you purchase items from us or voluntarily submit information to us (for example, when you sign up for an account with MD Āyurveda, send us e-mails or subscribe to our e-mail promotions, participate in sweepstakes, contests, or surveys, or post information on our Web site), we may collect personally identifiable information from you such as your name, e-mail address, postal address, telephone number, and credit card number. We may use this information to provide you with the products and services you have requested, to investigate and answer questions or concerns you submit to us, to offer you opportunities to participate in promotional programs tailored to you, to list you as a winner of a contest or sweepstakes, or to notify you of information that may be of interest to you about MD Āyurveda or our business partners and affiliates.
We may also collect non-personally identifiable information from you, (such as information regarding your interests, hobbies, preferences for products and services, and lifestyle) when you choose to provide it.
How Your Information May Be Shared
We do not sell or rent your personally identifiable information to outside marketers. We may, however, share such information in limited circumstances, outlined below.
We may share your information with our subsidiaries, affiliates, and trusted businesses partners, so that we, and they, can provide products and services you have requested and information and offers that may be of interest to you. In addition, we may share your information with third parties that need access to the information to help us fulfill your requests for products and services. We require all parties with whom we share this information to comply with our standards of quality and to comply with our policies for safeguarding your information. When we collect aggregate data that does not include personally identifiable information, such as demographic and statistical information, we may share that data with third parties.
We may disclose your information when we believe any applicable law, regulation, or legal proceeding requires us to do so, or when disclosure is necessary to respond to claims against us, to protect our customers, to report or collect debts owed to us, or otherwise to protect our rights and property.
If MD Āyurveda becomes involved in a merger, reorganization, or bankruptcy, we may transfer or otherwise share your information in connection with that transaction or event.
How Your Information Is Safeguarded
We enforce reasonable and appropriate security measures to protect against any unauthorized access to or disclosure of your information. We maintain your information on a secured server behind a firewall. All data is encrypted, and all data related to our retail services is encrypted using Secure Socket Layer technology. Even as we strive to protect your information, however, we cannot guarantee that these or any other information security measures will be completely effective, and we cannot assume responsibility for the actions of parties who may gain unauthorized access to your personally identifiable information. Thus, MD Āyurveda makes no warranties, express, implied, or otherwise, as to the ultimate effectiveness of our reasonable and appropriate security measures.
Third-Party Web Sites