Effective December 1, 2014
Healthy Essentials, LLC. (“Healthy Essentials”) gives you the ability to do more online at our site(s) on the World Wide Web (the “Site”). You can use the Site for online access to product information, educational content, our services, and self-help tools (“Online Activities”).
When you access the Site, you’re agreeing to these terms and conditions of use, plus any additional terms or conditions within the Site itself (collectively “Terms and Conditions”). The Terms and Conditions are in addition to any other agreements between you and any other parties.
Healthy Essentials reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Such modification or change shall be effective upon posting by Healthy Essentials on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such change is posted.
Disclaimer of warranties
ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITE (“CONTENT”), INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES ABOUT THE CONTENT’S NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
WITHOUT LIMITING THE ABOVE, HEALTHY ESSENTIALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED (“LINKED WEB SITE”). HEALTHY ESSENTIALS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.
THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON THE SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE OR A LINKED WEB SITE IS UPDATED OR COMPLETE. HEALTHY ESSENTIALS HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE AND MAY CHANGE OR IMPROVE THE SITE AT ANY TIME WITHOUT NOTICE.
ANY AND ALL STATEMENTS MADE ON THIS SITE HAVE NOT BEEN EVALUATED BY THE FDA. THE PRODUCTS REFERENCED ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Healthy Essentials does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than Healthy Essentials.
Healthy Essentials makes no representations, warranties or guarantees that the Site will be accessible continuously and without interruption, or error free.
Limitation of liabilities
Healthy Essentials’ Liabilities
IN NO EVENT WILL HEALTHY ESSENTIALS ITS RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED HEALTHY ESSENTIALS ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF THE SITE OR A LINKED WEB SITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, TRANSMISSION OF ONE OR MORE PIECES OF CODE THAT IS CAPABLE OF COPYING ITSELF AND TYPICALLY HAS A DETRIMENTAL EFFECT, SUCH AS CORRUPTING THE SYSTEM OR DESTROYING DATA AND THAT INFECTS A USER’S EQUIPMENT, MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.
Healthy Essentials has the right to deny you access and use of the Site and its Content if you violate (as Healthy Essentials may determine in its sole and absolute discretion) any provision of the Terms and Conditions. Healthy Essentials reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold Healthy Essentials harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of your access to, or use of, the Site or any of its Content in a manner other than as expressly authorized by the Terms and Conditions, your breach of the Terms and Conditions or your violation of applicable laws or any rights of any third party.
Your Privacy and Security on the Site
Spamming and solicitation
You may not use any information obtained from the site for spamming or solicitation.
Notice of Applicability to Children
The site is not intended for children ages 13 and younger.
Using Electronic Signatures
For some Online Activities, Healthy Essentials permits “Online Access,” which includes the ability to use a personal computer or other access device equipped with an active connection to an Internet Service Provider to perform certain transactions as available (“Online Activities”).
As part of the Online Activities, you may be given the option to transact certain Online Activities electronically by either checking the appropriate box or engaging in a similar online process as instructed. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the terms and conditions in such Communication and/or Online Transaction just as if you had signed your name to a paper document.
To receive, access, and reply to applicable Communications you will need:
- a personal computer or other access device with Internet access,
- a web browser which is capable of supporting 128-bit SSL encryption,
- software that lets you get and open Portable Document Format or “PDF” files, and
- the ability to download such documents.
System Requirements to Retain Information
To retain the Communications sent to you electronically for your records, your system must have the ability to either download (e.g., to your hard disk drive or a floppy diskette), print PDF files, or print web pages and embedded HTML files.
Intellectual Property, Trademarks, and Copyrights
Intellectual property is protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in the Terms and Conditions. The Terms and Conditions grant you no right, title or interest in Healthy Essentials’ intellectual property and create no relationship between you and Healthy Essentials. You may address all inquiries concerning use of Healthy Essentials’ intellectual property to: firstname.lastname@example.org.
The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Site are the property of Healthy Essentials, unless otherwise disclosed. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the written permission of Healthy Essentials.
© 2014 Healthy Essentials, LLC. All rights reserved.
You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes, without the prior written permission of Healthy Essentials.
Designated Agent (Digital Millennium Copyright Act)
If you think that a work protected by a United States copyright has been linked to, posted or stored on the Site without authorization, please contact the following agent designated to receive notification of claimed copyright infringement: Gary Sammons, Healthy Essentials, LLC, email address: email@example.com
License and Reproduction
Original materials of Healthy Essentials posted on the Site are protected by intellectual property laws. You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate the Site solely for your personal, non-public use. You are also granted a limited and revocable license to print copies of the Content, but solely for your personal, non-public use. Except as expressly provided above, all rights are reserved. Any commercial or public use of the Site or any of its Content is strictly prohibited without written permission from Healthy Essentials.
Except as expressly provided above, no portion of the Site, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of Healthy Essentials (collectively, the “Intellectual Property”) displayed on the Site or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of the Healthy Essentials. Use of any Healthy Essentials trademarks as metatags on any third-party Web site is strictly prohibited. You may not Co-Brand the Site or display the Site in frames (or any of the Content via in-line links) without prior written permission from Healthy Essentials. “Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of Healthy Essentials in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with Healthy Essentials in causing any unauthorized co-branding, framing or linking to immediately cease.
From time to time, Healthy Essentials may authorize Linked Web Sites to or from the Site. Linked Web Sites are controlled and operated by third parties and not by Healthy Essentials. Healthy Essentials makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information, and the quality of products or services provided or advertised on Linked Web Sites. The fact that Healthy Essentials authorizes Linked Web Sites is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to Linked Web Sites, its owners, sponsors, or providers.
Information about the Operation of the Site
Healthy Essentials operates the Site from its offices within the United States. Healthy Essentials does not represent that Content on the Site is appropriate or applicable for use in any other country, and access from certain countries other than the United States may be strictly prohibited. You acknowledge and agree that you are accessing the Site on your own initiative, at your own risk, and are responsible for compliance with all local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Ohio. You consent to exclusive jurisdiction and venue in Franklin County, Ohio and waive the defense of forum non conveniens.
Submissions of Unsolicited Ideas
Healthy Essentials values your feedback; however, we ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. Healthy Essentials requests this in order to avoid confusion in the future regarding the origin of the concept, product or service.
If, through this Site, you send us creative suggestions, ideas, concepts or other information (collectively, the “Information”), such Information shall be deemed by Healthy Essentials to be, and shall remain, the property of Healthy Essentials. None of the Information shall be subject to any obligation of confidence on the part of Healthy Essentials and Healthy Essentials shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, Healthy Essentials shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
All communications initiated by you (also defined herein as a “Visitor”) and made to or through portions of the Site that permit uploading of questions, comments or other material are hereby considered “Visitor Submissions”.
Visitor Submissions will not be accepted that infringe in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary or trade-secret information of any individual or entity, or that may violate the legal rights of any person or entity in any jurisdiction or locale. You may not submit materials that are or purport to be the personally identifiable information about others, such as full name, postal address, email address, telephone number or any other personal attribute which would constitute harassment or an invasion of privacy.
Visitor Submissions become the property of Healthy Essentials and you grant Healthy Essentials a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat Visitor Submissions as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising. If you submit a Visitor Submission, you are also hereby granting to Healthy Essentials the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses Visitor Submissions in an unauthorized way or through unauthorized reproduction of any Visitor Submission.
Visitor Submissions used, displayed or propagated by Healthy Essentials or others licensed by Healthy Essentials to use Visitor Submissions may be attributed to you unless the visitor has expressly requested anonymity. Healthy Essentials reserves the right to select among the Visitor Submissions for the most appropriate material to be used, subject to Healthy Essentials’ sole discretion and judgment. Healthy Essentials otherwise reserves the right to remove Visitor Submissions from the Site pursuant to it’s discretion and judgment, but maintains no obligation to do so.
Visitors also hereby agree to not redistribute or reproduce elsewhere Visitor Submissions in any manner or in any media, including the re-submission or republishing of any Visitor Submission on any other site not affiliated with Healthy Essentials.
More Information about this Agreement
Except to the extent otherwise set forth in the Terms and Conditions, these Terms and Conditions set forth the entire understanding between Healthy Essentials and you with respect to your access to, and use of, the Site and its Content and supersedes all prior or contemporaneous understandings regarding access and use.
If any portion of these Terms and Conditions is found to be unenforceable, the remaining sections of the Terms and Conditions will remain in effect.
Failure by Healthy Essentials, in any instance, to exercise any of its rights under the Terms and Conditions will not constitute waiver of such right or any other rights under the Terms and Conditions.