TERMS OF USE AGREEMENT
I. Introduction
Welcome to Health For Your Whole Life, LLC website (“Site”). This Terms of Use Agreement (“Agreement”) sets forth the agreement between Health For Your Whole Life, LLC. And Dr. Tondora (collectively, “Health For Your Whole Life, LLC” or “we”) and each user (“you” or “user”) governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.
These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the “Last Updated” date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
II. Healthcare Advice
Please consult with Dr. Tondora or your Naturopathic physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to a product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.
III. Purchases
If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.
IV. Privacy
Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
V. Copyright; Trademarks
You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Health For Your Whole Life, LLC, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Health For Your Whole Life, LLC, or the respective copyright owner. Health For Your Whole Life, LLC authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, Health For Your Whole Life, LLC®, Health For Your Whole Life, LLC , or Dr. Tondora, and any Marks associated with any products available on the Site) are the sole property of Health For Your Whole Life, LLC, and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Health For Your Whole Life, LLC. In addition, all page headers, custom graphics, button icons and scripts are Marks of Health For Your Whole Life, LLC and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Health For Your Whole Life, LLC. Health For Your Whole Life, LLC will enforce its intellectual property rights to the fullest extent of the law.
VI. Links; Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Health For Your Whole Life, LLC does not control or endorse any such third party websites. You agree that Health For Your Whole Life, LLC Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Health For Your Whole Life, LLC Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
VII. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, Health For Your Whole Life, LLC, Dr. Tondora AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “HEALTH FOR YOUR WHOLE LIFE, LLC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, HEALTH FOR YOUR WHOLE LIFE, LLC PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTH FOR YOUR WHOLE LIFE, LLC PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THE MANUFACTURER. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HEALTH FOR YOUR WHOLE LIFE, LLC PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HEALTH FOR YOUR WHOLE LIFE, LLC PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
HEALTH FOR YOUR WHOLE LIFE, LLC PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEALTH FOR YOUR WHOLE LIFE, LLC AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF HEALTH FOR YOUR WHOLE LIFE, LLC PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM HEALTH FOR YOUR WHOLE LIFE, LLC ON THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
VIII. Indemnification
You agree to indemnify, defend and hold harmless Health For Your Whole Life, LLC Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.
IX. Site Usage; Termination of Usage
You may be required to establish an account on this Site in order to take advantage of certain features of this Site, such as making a purchase. If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or Health For Your Whole Life, LLC has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Health For Your Whole Life, LLC has the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Health For Your Whole Life, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Health For Your Whole Life, LLC. Health For Your Whole Life, LLC Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.
You further agree that you will not access this Site by any means except through the interface provided by Health For Your Whole Life, LLC for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of Health For Your Whole Life, LLC is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of Health For Your Whole Life, LLC is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
Health For Your Whole Life, LLC makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Health For Your Whole Life, LLC Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or Health For Your Whole Life, LLC. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Health For Your Whole Life, LLC also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in Health For Your Whole Life, LLC’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Health For Your Whole Life, LLC Parties. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Health For Your Whole Life, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Health For Your Whole Life, LLC Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
You agree that Health For Your Whole Life, LLC may terminate or suspend your access to all or part of this Site, without notice, for any conduct that Health For Your Whole Life, LLC, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or Health For Your Whole Life, LLC Parties.
Sections IV, VII through XII and XIV shall survive any termination of this Agreement.
X. User Content and Conduct
Where applicable at the Site, you are invited to post your own content (“User Content”). Please note that this Site is intended for adult use; if you are under the age of 13, do not submit any User Content to this Site.
You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, Health For Your Whole Life, LLC cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will Health For Your Whole Life, LLC be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. HEALTH FOR YOUR WHOLE LIFE, LLC IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.
By posting any User Content at the Site, you hereby grant Health For Your Whole Life, LLC a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.
You acknowledge and agree that Health For Your Whole Life, LLC may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Health For Your Whole Life, LLC, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Health For Your Whole Life, LLC worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Health For Your Whole Life, LLC shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. HEALTH FOR YOUR WHOLE LIFE, LLC SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Site to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of Health For Your Whole Life, LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) “stalk” or otherwise harass another; or
(l) collect or store personal data about other Site users.
(m) gain access to unauthorized areas of the Site or our network or servers.
We will terminate the account and/or block Site users who repeatedly violate the intellectual property rights of any other person on this Site.
You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Health For Your Whole Life, LLC does not endorse or have control over the User Content. User Content is not reviewed by Health For Your Whole Life, LLC prior to posting and does not reflect the opinions or policies of Health For Your Whole Life, LLC. Health For Your Whole Life, LLC makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. Health For Your Whole Life, LLC assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time Health For Your Whole Life, LLC chooses, in its sole discretion, to monitor the Site, Health For Your Whole Life, LLC nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, Health For Your Whole Life, LLC and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in Health For Your Whole Life, LLC’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
You are solely responsible for your interactions with other Site users. Health For Your Whole Life, LLC reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access, in its sole discretion.
XI. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Arizona and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Maricopa County, Arizona.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HEALTH FOR YOUR WHOLE LIFE, LLC HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR HEALTH FOR YOUR WHOLE LIFE, LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
XII. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
XIII. Entire Agreement
This Agreement constitutes the entire and only Agreement between Health For Your Whole Life, LLC and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
XIV. Miscellaneous
The failure of Health For Your Whole Life, LLC Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of Health For Your Whole Life, LLC Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XV. Policy
We respect the intellectual property rights of others and require that Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Health For Your Whole Life, LLC’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Service;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent:
Health For Your Whole Life, LLC
10429 S 51st St, Suite 206Phoenix, AZ 85044
XVI. Contact Information
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please Contact us. We will address any issue to the best of our abilities as soon as possible.
PURCHASE POLICY
This Purchase Policy is part of our Terms of Use Agreement, and any capitalized terms used but not defined in this Purchase Policy will have the same meaning as in our Terms of Use Agreement. Unless otherwise expressly provided on the Site, if you would like to purchase any merchandise or products offered on the Site (collectively, “Products”), your purchase will be governed by the terms of this Purchase Policy.
I. Payment methods and Billing
If you wish to purchase Products at the Site, you must provide valid credit or debit card information on the Site’s order form. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER. By submitting such credit or debit card information, you give Health For Your Whole Life, LLC permission to charge your purchases to the card that you designate on the order form. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification.
II. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.
III. Order Returns
Do you have a Return?
You may return any supplement or apparel items purchased from Health For Your Whole Life, LLC for any reason within thirty (30) days of purchase. For online orders, the Product ship date is the date of purchase.
You will receive a refund for unopened items in the original form of payment, and merchandise credit for opened items, less a 15% restocking fee. Opened products, such as supplements cannot be returned for a refund. You will receive a refund for all product orders cancelled prior to shipping, less a 5 % restocking fee. You may bring returns in person to our Phoenix office or mail to: Health For Your Whole Life, LLC, ATTN: Returns, 10429 S 51st St, Suite 206, Phoenix, AZ 85044
Shipping and handling charges are non-refundable. For returns via mail, you must carefully package the Product. You are responsible for the cost of return shipping, and we must physically receive the return within the 30 day period. Health For Your Whole Life, LLC reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.
Purchase of any Program packages, Lab Test packages, Workouts and Consultations are non-refundable.
Make a return by mail:
Send your purchase and receipt to our Returns Department. For returns via mail, you must carefully package the product, you are responsible for the cost of return shipping, and we must physically receive the return within the 30 day period.
Health For Your Whole Life, LLC®
Attention: Returns Department
10429 S 51st St, Suite 206
Phoenix, AZ 85044
Make a return to our local Office:
Bring your purchase and receipt to our local Phoenix Office and receive a refund to original form of tender. Refunds for unopened items will be issued via your original form of payment. One exception, online orders paid for with PayPal and returned to the local Office, will be refunded via merchandise credit.
For orders placed with PayPal:
Online orders paid for with PayPal and returned to our local Office will be refunded via merchandise for a future purchase. If you would like a refund check back to your PayPal account return your order, with receipt to:
Health For Your Whole Life, LLC®
Attention: Returns Department
10429 S 51st St, Suite 206
Phoenix, AZ 85044
Still have a question?Our professional staff is ready to help you. Please call Customer Service at
1-602-971-0621 Monday – Friday 9:00 AM – 5:00 pm MST.
IV. Shipping and Handling; International Orders
International shipment rates vary based on total package weight and final destination. Pricing on the Site does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or similar taxes. At this time, all international orders are shipped via UPS and take approximately 7-10 days for delivery. Free shipping promotions do not apply to international orders.
If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. We suggest you check with your local Customs office for any documents you may need before placing your order.
With respect to shipments of Products to consumers, wherever they may reside, title to Products will be shipped FOB our plant and all risk of loss shall pass to the buyer immediately upon our delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to do so, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.
Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can’t be delivered due to an address error, or orders seized by Customs.
V. Pricing or Typographical Errors
We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Health For Your Whole Life, LLC shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
VI. Quantity Limits and Items for Resale
Health For Your Whole Life, LLC reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Health For Your Whole Life, LLC also reserves the right to prohibit sales to dealers.
VII. Additional Terms
Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) will be posted on the Site on the pages describing the Products.
VIII. Contact Us
Via Mail:
Health For Your Whole Life, LLC, Customer Care, 10429 S 51st St, Suite 206, Phoenix, AZ 85044
Via Fax:
1(480) 477-8401
Via Telephone:
1(602) 971-0621
Hours of operation:
Monday – Friday 9:00 AM – 5:00 PM MST