LAST UPDATED FEBRUARY, 2025
Please read these terms and conditions carefully. They contain important information regarding your legal rights and obligations, as well as limitations or exclusions that may apply to you.
I. Introduction To The Healthy Place
Welcome to The Healthy Place, formerly known as Apple Wellness. This Terms of Use Agreement (“Agreement”) outlines the agreement between The Healthy Place, its parent, subsidiaries, and other affiliated companies (which will be collectively referred to as “The Healthy Place”, “we”, “our”, or “us”) and each user (“you” or “user”, and includes any instance of our former name, Apple Wellness). This Agreement applies to your use of our website, mobile site, emails, newsletter, or other published or distributed information, and all other sites or apps in use by The Healthy Place (collectively, the “Sites”), including all other guidelines and policies posted on this website, such as the Return Policy.
Your use of the Sites confirms your unconditional acceptance of these terms and conditions. If you do NOT accept these terms and conditions, do NOT use the Sites.
The terms of this Agreement may be changed at any time. Visit this page to review the terms and conditions binding on you.
II. Modification of Terms
The Healthy Place reserves the right to modify, update, or change these Terms and Conditions at any time without prior notice. Any modifications will be effective immediately upon posting on the Site.
By continuing to use the Site after updates have been made, you acknowledge and agree to the revised Terms and Conditions. We encourage you to periodically review this page for any changes. If you do not agree with any modifications, you must discontinue use of the Site.
III. Products, Content, and Features
All content, specifications, products, prices, features, and services described or depicted on the Sites are subject to change at any time, without notice. This includes the weights and dimensions of individual products sold on this site. The inclusion of products on the Sites does not guarantee availability at all times. We may limit order quantities or change prices and promotions at any time without notice.
We do our best to update product information on our Sites to be accurate, but some product formulations, packaging, and product information available on our Sites may contain additional details or differ from the product you receive. We recommend that you do not solely rely on the information provided on our Sites. Before using any product sold through the Sites, carefully read all information provided by the manufacturer, including product labeling, packaging, ingredients, allergens, warnings, and any additional details available on their official website.
The products and information contained on the Sites, including claims made about specific products, have not been evaluated by the United States Food and Drug Administration. The Sites are for informational purposes only and are not intended to provide medical advice, diagnosis, or treatment. You should always consult with your healthcare provider before starting, stopping, or modifying medications, supplements (nutritional, herbal, or homeopathic), or treatment plans.
Intellectual Property and Content Ownership
All content on the Sites, including but not limited to text, images, graphics, logos, icons, videos, and other materials, is the property of The Healthy Place or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, modification, distribution, or display of any content from the Sites without prior written permission is strictly prohibited.
By using the Sites, you agree not to copy, reproduce, republish, upload, post, transmit, or distribute any materials in any way that infringes on our intellectual property rights. Any unauthorized use of content may result in legal action.
Limitation of Liability
To the fullest extent permitted by law, The Healthy Place, its affiliates, employees, officers, directors, and agents shall not be liable for:
- Any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Sites, products, or services.
- Any loss of profits, data, goodwill, or business interruptions resulting from your use of or inability to use the Sites.
- Any errors, omissions, or inaccuracies in the content provided on the Sites.
- Any unauthorized access to or use of your account, data, or personal information.
- Any harm, injury, or adverse reaction caused by products purchased from the Sites, whether due to misuse, allergies, or unforeseen reactions.
- Any technical failures, including website downtime, bugs, viruses, or server errors.
- Any third-party content, links, or services accessed through the Sites.
Product Disclaimer
The products sold on the Sites are not intended to diagnose, treat, cure, or prevent any disease. The Healthy Place does not provide medical advice. You should consult a healthcare professional before using any product.
No Warranty
The Sites and all products and services provided by The Healthy Place are offered “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
IV. Governing Law, Jurisdiction, and Dispute Resolution
By placing an order through the Sites or otherwise using the Sites, you agree that your use will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of Wisconsin, without regard to conflict of law principles.
Jurisdiction & Venue
All disputes arising out of or related to these Terms and Conditions shall be subject to binding arbitration, as described below, and shall take place in the State of Wisconsin. By using the Sites, you waive any objection to jurisdiction in Wisconsin courts.
Binding Arbitration & Class Action Waiver
By using the Sites, you agree that any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration rather than in court. This means:
- You waive your right to sue or go to court.
- Arbitration will be conducted on an individual basis—not as a class, collective, or consolidated action.
- The arbitration shall be administered by a recognized arbitration association under its applicable rules.
- The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.
Exceptions to Arbitration
You or The Healthy Place may bring claims in small claims court instead of arbitration if they qualify. In addition, claims seeking injunctive relief to protect intellectual property rights may be brought in a court of competent jurisdiction.
You also agree to only purchase products for personal use and not for resale.
V. Trademarks and Site Content
Trademarks, trade names, catchphrases/taglines/mottos, service marks, and logos used or displayed on the Sites are registered and unregistered trademarks, trade names, and service marks/catchphrases/taglines/mottos of The Healthy Place, and its affiliates. If you wish to use this, you must request written permission from Timothy or Rebecca O’Brien. If such consent is not given, anyone found to be infringing on registered or unregistered trademarks, trade names, service marks, or any other form of branding will be subject to legal action.
VI. User Responsibilities, Account, and Security
Privacy Policy:
By using this site, we reserve the right to use information regarding your use of any of the Sites, account registration information, and any other personal information provided by you. You may view the complete Privacy Policy here.
Purchases:
By submitting payment information during a purchase process, you agree to the terms of the Purchase Policy, which is incorporated into this Agreement.
Returns Policy, Refunds, and Warranties:
Products purchased by you directly from The Healthy Place and affiliated sites are subject to our Refund Policy. Issues arising from the purchase of products must be remedied with the manufacturer in accordance with the manufacturer’s or supplier’s warranties, aside from those circumstances outlined in our return policy.
Third-Party and Affiliate Links:
By clicking on any outgoing links on our website, you will leave the Sites. Links to external sites are provided only as a convenience to provide further valuable, helpful, or educational information. We do not control or endorse any third-party sites. Should you click or choose to purchase goods or services through any of the links to third parties provided on the Sites, The Healthy Place will not be liable or responsible for any content, products, or services provided on the external website.
User Responsibilities and Prohibited Conduct:
By accessing and using the Sites, you agree to:
- Provide accurate, current, and complete information when creating an account.
- Maintain the confidentiality of your username and password and be responsible for all activities that occur under your account.
- Use the Sites only for lawful purposes and in compliance with this Agreement.
You agree NOT to:
- Use the Sites for any unlawful purpose or in violation of any local, state, national, or international law.
- Engage in fraudulent, misleading, or deceptive practices, including misrepresenting your identity or providing false account information.
- Attempt to gain unauthorized access to any part of the Sites, other user accounts, or computer systems.
- Use automated systems, bots, or scraping tools to access or collect data from the Sites.
- Post or transmit any unlawful, defamatory, obscene, abusive, or otherwise objectionable content.
- Upload or distribute any viruses, malware, or other harmful software.
- Reverse-engineer, modify, or interfere with any software or security features of the Sites.
- Use the Sites to harass, threaten, or violate the rights of others, including privacy or intellectual property rights.
We reserve the right to terminate or suspend access to our Sites for users who violate these terms.
Content Ownership and Distribution
By posting content on the Sites (for example, comments or reviews), you grant The Healthy Place full rights to the content posted—royalty-free, perpetual, irrevocable, and sublicensable—to use, reproduce, modify, publish, distribute, and display the content in whole or in part. The Healthy Place reserves the right to use any user-generated content for commercial purposes without compensation.
Disclosure of User Information by Law
Through your use of the Sites, you acknowledge and agree that The Healthy Place may preserve user content and information and will cooperate with any law enforcement authorities, court order, or subpoena requesting user information.
Limitations of Liability
Neither The Healthy Place, nor our employees, affiliates, or suppliers assume any responsibility or liability for:
- Any damages or viruses that may affect your computer, tablet, phone, or telecommunications equipment.
- Any interruptions, errors, or security breaches related to your use of the Sites.
- Any indirect, incidental, special, or consequential damages arising from the use of the Sites.
VII. Indemnification
By using the Sites, you agree to defend, indemnify, and hold harmless The Healthy Place, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from:
- Your use of the Sites or violation of these Terms and Conditions.
- Any content or materials you submit, post, or transmit through the Sites.
- Your violation of any third-party rights, including intellectual property or privacy rights.
- Any fraud, negligence, or willful misconduct on your part.
This indemnification obligation will survive the termination of this Agreement and your use of the Sites.
VIII. Questions, Complaints, or Infringements
We respect the privacy, security, and intellectual property rights of others. We require that the users of the Sites do the same. If you believe that copyright infringement or violation of this Agreement has occurred, or have questions regarding the policies and guidelines laid out in this Agreement, we welcome you to please contact us. We will address any issue to the best of our ability at the soonest possible time.
For additional Policy Information:
IX. Termination of Agreement
This Agreement remains in effect unless and until terminated by either you or The Healthy Place.
Termination by You
You may terminate this Agreement at any time by discontinuing use of the Sites and, if applicable, closing your account.
Termination by The Healthy Place
We reserve the right, in our sole discretion, to suspend, limit, or terminate your access to the Sites at any time and without prior notice if:
- You violate any terms of this Agreement.
- We detect fraudulent, abusive, or suspicious activity.
- Your use of the Sites presents a risk to The Healthy Place, other users, or our business operations.
- Required by law or regulatory authorities.
Effect of Termination
Upon termination, your rights to use the Sites will immediately cease. Any outstanding obligations, including pending purchases or disputes, shall survive termination as required by law. We may retain certain user information for compliance, security, or business purposes.