Last Updated May 1st, 2018
Please read these terms and conditions carefully, as they contain important information regarding yours and our legal rights.
I. Introduction to The Healthy Place
Please read this Agreement carefully prior to using our site. By using this Site, you agree to be bound by the terms and conditions contained within this Agreement. If you do not agree to the terms and conditions contained here, you may not access or use the Sites.
Please be aware that the terms of this Agreement may be changed at any time. We will notify users of any updates by posting a notice on our primary website, for a brief period after changes are made, and will update the “Last Updated” date at the top of this webpage. We recommend that users check this Agreement regularly to ensure that they are aware of any changes. Continued use of the Sites following the posted update to this Agreement implicitly confirms your acceptance of those changes, and agree to the new Terms and Conditions.
Additionally, while not contained directly within this Agreement, you will also be subject to all other posted guidelines or policies posted on this website, such as the Returns Policy, or other notices applicable to such services or products used or purchased. All other such guidelines or policies are incorporated by this reference into this Agreement.
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.
II. 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 weights and dimensions of individual products sold on this site. We will make all reasonable efforts to ensure that all information contained with the Sites is accurate and up to date, including descriptions, measurements, etc. The inclusion of products on the Sites does not guarantee availability at all times. It is your responsibility to ensure that any purchases made through our Sites are legal under local, state, and federal, and/or international laws (including minimum age requirements), in regard to the possession, use, and sale of any item purchased from this site or directly from The Healthy Place Store Locations and transported to your place of residence. By placing an order through the Sites, you are agreeing that the products ordered will be used only in a lawful manner, and have been lawfully purchased.
III. Accuracy of Information.
We will always do our best to update information on the Sites within a reasonable time frame when changes are made to products, policies, or other content. However, despite our best efforts, there may be information contained on the Sites that may occasionally be out of date, incomplete, or inaccurate. For example, additional studies and data on particular topics may emerge at any given time. While we will do our best to update our information and products according to emerging research, we make no representation that information found on the Sites will always be complete, up to date, or entirely accurate. For example, a product description may be unavailable, or a product may have different or updated attributes from the supplier than those listed.
In addition, note that we may make changes to the information contained on our Sites without notice. We will, of course, always do our best to ensure that our information is up to date and customers are informed of relevant updates to frequently used products or popular information.
IV. 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. Other trademarks, trade names, and service marks used or displayed on the Sites, such as those of the brands we carry, are the registered and unregistered trademarks, trade names, and service marks of their respective owners. Nothing contained on the Sites should be construed as granting, under any circumstances, license or right to use any trademarks, trade names, service marks, logos, or other brand content displayed on the Sites without the written permission of 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.
V. Not Healthcare Advice
The Sites are not intended to provide medical advice, diagnosis, or treatments. The product information, services, articles, and other content provided on the Sites, including information that may be providing via directly or indirectly linking to third-party sites by a healthcare or nutrition professional, are provided for information purposes only. You should always consult with your medical care provider or health care professional regarding any medical or health-related concerns, diagnosis, or treatment options. You should never stop, start, or modify any medications, supplements, or treatments without first consulting a healthcare professional.
The products and information contained on the Sites, including claims made about specific products on or through this site, have not been evaluated by the United States Food and Drug Administration, and are not intended to be perceived as a diagnosis, cure, or form of disease prevention. The information contained within the Sites is for informational purposes only, and should never be used to substitute information that would otherwise be provided from a healthcare professional. This includes information contained within or on any product label or packaging, and all communication with The Healthy Place staff, such as emails, texts, or phone calls. We strongly urge you to consult with a healthcare professional before starting, stopping, or altering any diet, medication, exercise, or supplementation program, especially if you have, or have had, or suspect you may have a health problem.
Before starting the use of any product sold within the Sites, or acting upon any information found on the Sites, carefully read all information provided by the manufacturer of the product, including the product labeling, packaging, and information contained upon their site, as well as consulting your Healthcare Professional. This includes all medication, nutritional, herbal, or homeopathic product, or otherwise (including essential oils, weight management supplements, etc.), and any diet or exercise problem.
Please remember, each person is different, and the way we react to food, medications, supplements, and even smells can vary widely. The way you react may be very different from the way peers or even family members can react. Therefore, always consult a Healthcare Professional before adopting any treatment, diet, exercise, or otherwise for prevention of, current, or suspected health problem. Additionally, it is important to consult a Healthcare Professional regarding any possible medical interactions between medications, supplements, or any combination of the two before starting, stopping, or altering any supplementation, nutrition, exercise, or medical regimen.
Any comments made on the website, from users or employees, in the forums or in reviewing products are solely their own personal views made solely by their own choice. These comments, claims, or reviews are not necessarily those held by The Healthy Place, nor do they necessarily represent the view or position of The Healthy Place.
VI. Account Registration and Security
- Purchases. If you make a purchase on any of the Sites, you agree to the Purchase Policy, which is incorporated into this Agreement. Please review the Purchase Policy before making a purchase, to ensure that you understand the terms contained there. By submitting payment information during a purchase process, you agree to be bound by the terms of the Purchase 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 information regarding a topic, service, or product. Keep in mind, we do not control or endorse any third-party sites, and by using this site, you agree that you will not hold The Healthy Place responsible or liable for any content, products, or services provided on or through any of these external websites. We have made every effort to only link to websites and information that we have found to be valuable, helpful, or educational, and promise to never intentionally link to an external website that contains questionable materials. However, we do alert you that you use these links at your own risk. Should you choose to purchase goods or services through any of the links provided on the Sites, The Healthy Place will not be responsible for anything in relation to the services or goods provided. All terms, conditions, warranties, representations, and policies associated with your choice to interact with a third party are solely between you and that business.
- Site Usage and Termination of Usage. In order to make a purchase using the Sites, you are required to establish an account. If you provide information on this or any of our Sites, you are required to a) provide information that is accurate, current, and complete about your yourself as prompted and/or as is necessary in order to complete the purchase, and b) maintain and promptly update such information as to keep it accurate, current, and complete. If you provide information that is false, inaccurate, outdated, or incomplete, or if we suspect that the information is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account. We may also, at our discretion, prohibit you from any and all current or future use of the Sites. Information required to set up an account may include, but may not be limited to, the following; a username, email address, password, full name, address, and phone number. You are solely responsible for maintaining the confidentiality of the password and username information, and you are likewise responsible for all activities that occur in your account. By creating an account, you also agree to a) immediately notify us of any unauthorized use of your account or any other breach or suspected breach of security and b) ensure that you will exit from your account at the end of each session. All charges resulting from your account, including unauthorized use of your account, are your responsibility prior to taking steps to prevent such possible occurrence or notification of The Healthy Place of a breach.
- You agree to use the Sites only for lawful purposes, include your use of and your communications on the Sites. You agree not to post or transmit through the Sites any unlawful, defamatory, vulgar, profane, offensive, hateful, or questionable material of any kind. This includes material that encourages or imply criminal conduct, or that infringes on anyone’s intellectual property rights, or that violates any applicable local, state, federal, or international code. We reserve the right to deem any communications on your part as any of the above, as reasonable.
- You also agree that you will, under no circumstances, access any of the Sites by any means except those provided by The Healthy Place interface in the ways it is intended to be used. You will not, under any circumstances, create or maintain a link from another page to any page on any of the sites, or create or maintain a link from our website to any third party website without first obtaining the written authorization of The Healthy Place. To run or display ads, information or material through the Sites without written consent from The Healthy Place is prohibited. Any authorized links to any of the Sites must comply with all applicable local, state, federal, and international laws, rules, and regulations, as applicable. Please be advised that we make no representation that the Materials contained on the Sites are appropriate or available for use outside of the United States, or that this Agreement complies with the laws of any other country. Visitors who choose to use this Site from any country outside the United States do so on their own initiative and are solely responsible for compliance with any laws of their country of residence or current location. You agree that you will not access the Sites from any country where such access is illegal.
- Termination of Agreement. This Agreement is effective unless and until it is terminated by The Healthy Place or by yourself. You may terminate this Agreement at any time by your choice to discontinue use of the Sites. We reserve the right to terminate or suspend this Agreement at any time, without prior notice, and deny you access to the Sites. We may do this if you a) fail to comply with the terms and conditions as contained within the Agreement, or if b) we deem that your use is harmful to our interests or to a connected party, including other users or c) we believe that your conduct is in violation of this Agreement, applicable laws, or violates in any way the terms of Agreement. This decision is in our discretion solely. Upon any termination of this Agreement, by either party, you must promptly destroy all materials obtained from the Sites, including both originals and any copies that are within your possession. Please note that The Healthy Place also reserves the right to terminate, suspend, modify, or discontinue, either temporarily or permanently, any of the Sites without notice. Please note that your user activity, order history, and other relevant information will survive this termination as required by law, for your convenience, or at our discretion.
- Content Ownership and Distribution. As applicable on the Sites, users are allowed to post their own content (for example, comments or reviews). Any posted content is your sole responsibility. Please also note, that the Sites are intended for adult use. Children under the age of 13 should not register accounts. By posting content on the Sites, you grant The Healthy Place full rights to the content posted, royalty-free, perpetual, irrevocable, and we have full sublicensable rights and license to use, reproduce, modify, publish, combine, distribute, and display the content in whole or in part on any of the Sites as we see fit. An example of this would be to use a posted user review of a product in our marketing materials, on social media, or in article content. By posting content, you agree to waive complete rights to the content, which includes trademarks, copyrights, and intellectual property rights in and to the content. Also by posting content, you affirm that the content you have posted does not, in any way, infringe on the copyrights or intellectual property of any other persons. You agree to pay for all royalties, fees, and any other monies owing to such a person by reason of any content you, as a user of the Sites, have posted to the Sites. In summary, The Healthy Place is entitled to unrestricted use of any user content we receive from you through the Sites for any purpose whatsoever, including commercial use, without compensation to you, the user.
VII. User Code of Conduct
The Healthy Place will not be liable or responsible for any of the content users post to this site, including opinions or any suggestions that may or may not be perceived as medical advice. All posting of content, in any form of consisting of any personal ideas or opinions, is entirely voluntary. No contractual relationship is established by your posting content as a user, regardless of whether or not we choose to review and/or use your posted content. We are also not liable for any disclosures you choose to make through user content.
You also agree that you will not impersonate or misrepresent any other user or non-user of the Sites, or falsely present yourself, qualifications, or affiliation with any other person or entity. You will not modify, tamper with, or manipulate information in order to mislead another user or non-user.
We reserve the right to edit, refuse to post, or modify any content posted on the Sites at any time, without notice. Without limit, we reserve the right to remove any material that we find to be in violation of the provisions contained in this Agreement, at our sole discretion. We also reserve the right to deny any user who fails to follow our Code of Conduct access to the Sites.
VIII. 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 also fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose information, including the identity of, a user. This includes claims that users may have violated the rights of third parties, or in order to safeguard and protect the rights, property, or personal safety of The Healthy Place, other users, or the general public. This includes technical information, such as that of transmissions over networks, the devices used to connect to networks, and any other pertinent information regarding your connection to the Sites.
IX. Limitations of Liability.
Neither The Healthy Place, nor our affiliates or suppliers, assumes any responsibility or may be held liable for any damages to, or any viruses that may infect your computer, tablet, phone, or any other form of telecommunications equipment, or other property caused by or arising from your access to and use of the Sites, including downloading of information or materials from the Sites. In no event will The Healthy Place of any of our employees, shareholders, affiliates, contractors, or third party involved in the creation of, production of, or transmission of the Sites, be liable for direct, indirect, punitive, incidental, special, or consequential damages. This includes, without limitation, damages resulting from lost profits, lost data, or business interruption. We are also not liable for any form of damages, as given above, that may result from accessing, using, or transmissions to all third-party websites – those linked to or from the Sites – and the Materials contained therein. Please note, we affirm that the foregoing limitations of liability do not apply to the extent prohibited by law. In such cases, please refer to local laws regarding such prohibitions.
In the event of any problem with the Sites or the content contained therein, you agree that your sole remedy is to immediately cease using the Sites. Issues arising from the purchase of products must be remedied with the manufacturer of said products in accordance with the manufacturer’s or supplier’s warranties, aside from those circumstances outlined in our return policy.
The Healthy Place provides a mobile text messaging program that offers opportunities for special marketing promotions and offers. When you enroll, you authorize the automated marketing software to send messages to you. By your use of this service, which may be terminated by you or us at any time, you certify that you are the account holder or have the account holder’s permission to enroll. This is recurring, free service we offer. However, wireless carrier message and data rates may apply for which we are not responsible. You may opt out at any time by following the instructions to do so in the text messages received. This service may not be compatible with all cell phone models or carriers. Please note, that each coupon or offer received through SMS is limited to one per account holder, and excludes the cost of shipping, handling, taxes, and any other relevant fees. Coupons and offers have no cash value, cannot be applied to prior purchases, and cannot be used to purchase gift cards.
- You use the Sites at your own risk.
- The information, materials, products, and services provided on the Sites are provided ‘as is’ without warranties of any kind. Information and materials on this site may be proved to be inaccurate or out of date. We will make every reasonable effort to ensure the accuracy and timeliness of information, but we do not assume commitment or duty to update such information and materials. These foregoing exclusions of implied warranties do not apply to the extent which is prohibited by local or federal laws.
- All products purchased on the Sites through this website are subject only to any applicable warranties of their respective manufacturers, distributors or suppliers, if any. To the fullest extent permissible by applicable laws, we disclaim all warranties of any kind, both express or implied, including those in regard to products listed or purchased on or through the Sites. This includes liability for product defect or failure, non-compliance with codes, misappropriation, product misuse or abuse, including failure to follow appropriate instructions. This foregoing applies to the fullest extent as allowed by law.
- You hereby waive and release any and all claims against The Healthy Place, including our employees, shareholders, affiliates, successors, and any and all related parties involved in the creation of, production, maintenance, and ongoing transmission of the Sites.
- We also reserve the right to, without notice, limit the number of items purchased in any given order or by one given customer and we also reserve the right to refuse service to any customer as we see fit.
- We may also require validation of information prior to acceptance of an order or prior to shipment of any order.
XIV. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of Wisconsin in the United States, without regard to its choice of law provisions.
Should you have a dispute or claim relating in any way to your use of the Sites, or to any products distributed by The Healthy Place, they will be resolved with binding arbitration, rather than in court (aside from small claims court, should your claim qualify).
Understand that you are waiving your right to sue or go to court in regard to assertion or defense of your rights under this Agreement. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. We each agree that multiple claims may not be combined into a single case, whether from one or more than one individual.
XV. Severability; Interpretation
In the event that any provision contained within this Agreement is deemed or becomes illegal or unenforceable, the remainder of the Agreement shall continue to be fully binding, valid, and enforceable. This is without limitation.
XVI. Entire Agreement
This Agreement is between The Healthy Place and each user of the Sites. It supersedes any and all prior or contemporaneous Agreements, representations, warranties, and understandings, whether written or oral, with respect to the subject matter contained within this Agreement.
In the event that we have not previously or do not, for any period of time, insist on strict adherence to any of the term of this Agreement, it shall not constitute a waiver of such term, and shall not be considered as a waiver or limit to our rights thereafter to insist upon strict adherence to that or any term of this Agreement.
Revisions to this Agreement may occur at any time by updating this posting. You should visit this page to review current Terms and Conditions as they are binding on you.
XVII. Question, Complaint, 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:
- Shipping Information
- Returns Policy