TERMS AND CONDITIONS
By placing an order through this website, you agree to the terms and conditions set for the below. Please read through these terms carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference.
Health Disclaimer
Any statements on this site or any materials or supplements distributed or sold by this site has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.
My Healthy Helper Terms:
By ordering this product, you agree to be enrolled in My Healthy Helper. Try it out for 30 days at no charge. After the trial expires, you agree that your card will be charged $9.74 USD for continued access to all of the tools, support and training My Healthy Helper provides. Your monthly membership will recur at $9.74 USD every month from the time your trial expires until you cancel. You must call 866-369-8481 to cancel your monthly membership.
Return Policy:
In order to obtain your refund, contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write this number on the outside of the shipping package, and send the unopened product back to our fulfillment center at the address listed below, within sixty (60) days of the date you originally ordered the product. In order for your refund to be processed the product must arrive at our fulfillment center within sixty (60) days of the original purchase date. You pay for return shipping. There is a $5.95 restocking fee per unit you are returning. This fee will be taken out of the refund issued. Once the package is received you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 7-10 business days to show in your statement, depending on the speed of the processing bank. Any opened product cannot be returned. You will be charged for any opened or used product. Also, any discount or refund agreed upon with any of our customer service representatives is considered a final sale.
Address the return package to:
Please call customer service for return address, so we can make notes on your account
TERMS OF SERVICE
This Terms of Service ("TOS") is a legally binding agreement made by and between this site ("we" or "us") and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, "you"). This TOS governs your use of this web site ("Web Site") and the services we offer on the Web Site ("Services"), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Using the Web Site.
(a) Eligibility. Except as expressly provided below, Services may
only be used by, and Membership is limited to, individuals who can form
legally binding contracts under applicable law. Without limitation,
minors are prohibited from becoming Members and, except as specifically
provided below, using fee-based Services. Membership is defined by
engaging in a purchase agreement with this site wherein you, the
consumer purchase one of the products found on the Web Site.
(b) Compliance. You must comply with all of the terms and conditions
of this TOS, the policies referred to below, and all applicable laws,
regulations and rules when you use the Web Site.
(c) License and Restrictions. Subject to the terms and conditions of
this TOS, you are hereby granted a limited, non-exclusive right to use
the content and materials on the Web Site in the normal course of your
use of the Web Site. You may not use any third party intellectual
property without the express written permission of the applicable third
party, except as permitted by law. The Website will retain ownership
of its intellectual property rights and you may not obtain any rights
therein by virtue of this TOS or otherwise, except as expressly set
forth in this TOS. You will have no right to use, copy, display,
perform, create derivative works from, distribute, have distributed,
transmit or sublicense from materials or content available on the Web
Site, except as expressly set forth in this TOS. You may not attempt to
reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. In your use of the Web Site and the Services,
you may not: (i) infringe any patent, trademark, trade secret,
copyright, right of publicity or other right of any party; (ii) defame,
abuse, harass, stalk any individual, or disrupt or interfere with the
security or use of the Services, the Web Site or any web sites linked
to the Web Site; (iii) interfere with or damage the Web Site or
Services, including, without limitation, through the use of viruses,
cancel bots, Trojan horses, harmful code, flood pings, denial of
service attacks, packet or IP spoofing, forged routing or electronic
mail address information or similar methods or technology; (iv) attempt
to use another user's account, impersonate another person or entity,
misrepresent your affiliation with a person or entity, including
(without limitation) the Website or create or use a false identity; (v)
attempt to obtain unauthorized access to the Web Site or portions of
the Web Site that are restricted from general access; (vi) engage,
directly or indirectly, in transmission of "spam," chain letters, junk
mail or any other type of unsolicited solicitation; (vii) collect,
manually or through an automatic process, information about other users
without their express consent or other information relating to the Web
Site or the Services; (viii) use any meta tags or any other "hidden
text" utilizing this site name, trademarks, or product names;
(ix) advertise, offer to sell, or sell any goods or services, except as
expressly permitted by the Website; (x) engage in any activity that
interferes with any third party's ability to use or enjoy the Web Site
or Services; or (xi) assist any third party in engaging in any activity
prohibited by this TOS.
(e) Other Users. If you become aware of any conduct that violates
this TOS, We encourage you to contact Customer Service. We reserve the
right, but will have no obligation, to respond to such communications.
2. Your Content.
(a) License. By posting, storing, or transmitting any content on or
to the Website, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free, sub-licensable, right and license to use,
copy, display, perform, create derivative works from, distribute, have
distributed, transmit and sublicense such content in any form, in all
media now known or hereinafter created, anywhere in the world. You
hereby irrevocably waive any claims based on moral rights or similar
theories, if any.
(b) Objectionable Content. We do not have the ability to control the
nature of the user-generated content offered through the Web Site. You
are solely responsible for your interactions with other users of the
Web Site and any content that you post. We will not be liable for any
damage or harm resulting from any content or your interactions with
other users of the Web Site. We reserve the right, but have no
obligation, to monitor interactions between you and other users of the
Web Site and take any other action to restrict access to or the
availability of any material that we or another user of the Web Site
may consider to be obscene, lewd, lascivious, filthy, excessively
violent, harassing or otherwise objectionable (including, without
limitation, because it violates this TOS).
3. Accuracy of Information.
We attempt to ensure that the information on the Web Site is complete
and accurate; however, this information may contain typographical
errors, pricing errors, and other errors or inaccuracies. We assume no
responsibility for such errors and omissions, and reserve the right to:
(i) revoke any offer stated on the Web Site; (ii) correct any errors,
inaccuracies or omissions; and (iii) make changes to prices, content,
promotions, product descriptions or specifications, or other
information on the Web Site.
4. Sales Tax.
If you purchase any products available on the Web Site ("Products"),
you will be responsible for paying any applicable sales tax indicated
on the Web Site.
5. Fraud.
We reserve the right, but undertake no obligation, to actively report
and prosecute actual and suspected credit card fraud. We may, in our
discretion, require further authorization from you such as a telephone
confirmation of your order and other information. We reserve the right
to cancel, delay, refuse to ship, or recall from the shipper any order
if fraud is suspected. We capture certain information during the order
process, including time, date, IP address, and other information that
will be used to locate and identify individuals committing fraud. If
any Web Site order is suspected to be fraudulent, we reserve the right,
but undertake no obligation, to submit all records, with or without a
subpoena, to all law enforcement agencies and to the credit card
company for fraud investigation. We reserve the right to cooperate with
authorities to prosecute offenders to the fullest extent of the law.
6. Intellectual Property Rights.
(a) Copyright. All materials on the Web Site, including without
limitation, the logos, design, text, graphics, other files, and the
selection and arrangement thereof are either owned by us or are the
property of our suppliers or licensors or other companies. You may not
use such materials without permission.
(b) Trademarks. This site has a trade name we own. The related
design marks, and other trademarks on the Web Site are owned by us.
Page headers, custom graphics, button icons and scripts are trademarks
or trade dress we own. You may not use any of these trademarks, trade
dress, or trade names without our express written permission.
7. Third Party Websites.
This site may contain links to other websites on the Internet
that are owned and operated by third parties. We do not control the
information, products or services available on these third party
websites. The inclusion of any link does not imply our endorsement of
the applicable website or any association with the website's operators.
Because we have no control over such websites and resources, you agree
that we are not responsible or liable for the availability or the
operation of such external websites, for any material located on or
available from any such websites or for the protection of your data
privacy by third parties. Any dealings with, or participation in
promotions offered by, advertisers on the Website, including the
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings or promotions, are solely between you and the applicable
advertiser or other third party. You further agree that we shall not be
responsible or liable, directly or indirectly, for any loss or damage
caused by the use of or reliance on any such material available on or
through any such site or any such dealings or promotions.
8. Linking and Framing.
You may not deep link to portions of the Web Site, or frame, inline
link, or similarly display any of our property, including, without
limitation, the Web Site. You may not use any of our logos or other
trademarks as part of a link without express written permission.
9. Comments.
All comments, feedback, suggestions, ideas, and other submissions
that you disclose, submit or offer to us in connection with your use of
the Web Site will become our exclusive property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to
us of all worldwide right, title and interest in all patent, copyright,
trademark, and all other intellectual property and other rights
whatsoever in and to the Comments and a waiver of any claim based on
moral rights, unfair competition, breach of implied contract, breach of
confidentiality, and any other legal theory. You will, at our cost,
execute any documents to affect, record, or perfect such assignment.
Thus, we will own exclusively all such right, title and interest and
shall not be limited in any way in the use, commercial or otherwise, of
any Comments. You should not submit any Comments to us if you do not
wish to assign such rights to us. We are and will be under no
obligation: (i) to maintain any Comments in confidence; (ii) to pay to
you or any third party any compensation for any Comments; or (iii) to
respond to any Comments. You are and shall remain solely responsible
for the content of any Comments you make.
10. Indemnification.
You agree to defend, indemnify and hold the Web Site, and its
subsidiaries, affiliates, and their directors, officers, agents,
members, shareholders, co-branders or other partners, employees, and Ad
Partners harmless from any liabilities, losses, actions, damages,
claims or demands, including reasonable attorneys' fees, costs and
expenses, made by any third party directly or indirectly relating to or
arising out of (a) content you provide to the Web Site or otherwise
transmit or obtain through the Service, (b) your use of the Service,
(c) your connection to the Service, (d) your violation of this
Agreement, (e) your violation of any rights of another or (f) your
failure to perform your obligations hereunder. If you are obligated to
provide indemnification pursuant to this provision, we may, in our sole
and absolute discretion, control the disposition of any Claim at your
sole cost and expense. Without limitation of the foregoing, you may not
settle, compromise, or in any other manner dispose of any Claim
without our consent.
11. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE, THE PRODUCTS,
AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT
REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, ITS
USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II)
WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR
REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER
HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE
MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY
CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION
REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING
STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR
RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A
NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c) HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB
SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE
FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU
SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR
DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ
ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND
SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS
FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION
(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST
PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR
CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE
CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY
ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING,
WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS)
EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE
PRODUCTS.
12. Force Majeure.
You acknowledge and understand that if the Web Site is unable to
provide the Products as a result of a force majeure event the Website
will not be in breach of any of its obligations towards You under these
Terms of Service. A force majeure event means any event beyond the
control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY
OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER
THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A
FORCE MAJEURE EVENT.
13. Domestic Use;
Export Restriction.
We control the Web Site from our offices within the United States of
America. We make no representation that the Web Site or its content
(including, without limitation, any products or services available on
or through the Web Site) are appropriate or available for use in other
locations. Users who access the Web Site from outside the United
States of America do so on their own initiative and must bear all
responsibility for compliance with local laws, if applicable. Further,
the United States export control laws prohibit the export of certain
technical data and software to certain territories. No content from the
Web Site may be downloaded in violation of United States law.
14. Arbitration.
All disputes arising out of or relating to this TOS (including its
formation, performance or alleged breach) or your use of the Web Site
will be exclusively resolved under confidential binding arbitration
held in Utah before and in accordance with the Rules of
the American Arbitration Association. The arbitrator's award will be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this TOS will be joined to an arbitration involving
any other party subject to this TOS, whether through class arbitration
proceedings or otherwise. Notwithstanding the foregoing, we will have
the right to seek injunctive or other equitable relief in state or
federal court located in Utah to enforce this TOS or
prevent an infringement of a third party's rights. In the event
equitable relief is sought, each party hereby irrevocably submits to
the personal jurisdiction of such court.
15. Waiver of Class Action Rights.
BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU
MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS
ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF,
RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
16. Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to
the contrary, any claim or cause of action you may have arising out of,
relating to, or connected with your use of the Web Site, must be filed
within one calendar year after such claim or cause of action arises,
or forever be barred.
17. Modification of Terms of Service.
We reserve the right to change or modify these Terms of Use at any
time and your continued use of this site will be conditioned upon the
Terms of Use in force at the time of your use. You can always check the
most current version of the Terms of Use at this page.
18. Termination.
We will have the right to terminate your access to the Web Site if we
reasonably believe you have breached any of the terms and conditions
of this TOS. Following termination, you will not be permitted to use
the Web Site and we may, in our discretion, cancel any outstanding
Product Orders. If your access to the Web Site is terminated, we
reserve the right to exercise whatever means we deem necessary to
prevent unauthorized access to the Web Site, including, but not limited
to, technological barriers, IP mapping, and direct contact with your
Internet Service Provider. This TOS will survive indefinitely unless
and until we choose to terminate it, regardless of whether any account
you open is terminated by you or us or if you have the right to access
or use the Web Site.
19. Integration.
This TOS contains the entire understanding between you and us
regarding the use of the Web Site, and supersedes all prior and
contemporaneous agreements and understandings between you and us
relating thereto.
20. Additional Terms.
This TOS will be binding upon each party hereto and its successors
and permitted assigns, and governed by and construed in accordance with
the laws of the State of Delaware without regard for conflict of law
principles. This TOS and all of your rights and obligations under them
may not be assignable or transferable by you without our prior written
consent. No failure or delay by a party in exercising any right, power
or privilege under this TOS will operate as a waiver thereof, nor will
any single or partial exercise of any right, power or privilege
preclude any other or further exercise thereof or the exercise of any
other right, power, or privilege under this TOS. You are an independent
contractor, and no agency, partnership, joint venture, or
employee-employer relationship is intended or created by this TOS. The
invalidity or unenforceability of any provision of this TOS will not
affect the validity or enforceability of any other provision of this
TOS, all of which will remain in full force and effect.
8663698481
Toll Free Customer Service: [email protected]
RESOLUTION AND ARBITRATION
1. Any dispute, controversy, damages or claim arising out of or relating in any way to the purchase or performance of the services from this site and any of its affiliates, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. [In the event of a dispute, controversy or
claim arising out of or relating in any way to the agreement of all terms, the
complaining Party shall notify the other Party in writing thereof. Within thirty
(30) days of such notice, management level representatives of both Parties shall
meet at an agreed location to attempt to resolve the dispute in good faith. Should
the dispute not be resolved within thirty (30) days after such notice, the
complaining Party shall seek remedies exclusively through arbitration.] The
demand for arbitration shall be made within a reasonable time after the
claim, dispute or other matter in question has arisen, and in no event shall it
be made after two years from when the aggrieved party knew or should have
known of the controversy, claim, dispute or breach.]
2. This agreement to arbitrate shall be specifically enforceable. A Party may apply
to any court with jurisdiction for interim or conservatory relief, including without
limitation a proceeding to compel arbitration.
3. The arbitration shall be conducted by one to three arbitrator[s]. If the Parties are
not able to agree upon the selection of an arbitrator, within [twenty] days of
commencement of an arbitration proceeding by service of a demand for
arbitration, the arbitrator shall be selected by the American Arbitration
Association or a federal court
judge in Utah, shall select the arbitrator in accordance with the terms of this
agreement. For three arbitrators, each party shall select an arbitrator within 10
days of commencement of the arbitration who shall serve as a neutral arbitrator
and the two designated arbitrators shall select a third neutral arbitrator within
30 days of their selection if the parties cannot agree on a third arbitrator. If
the two arbitrators cannot agree on selection of a third arbitrator within 30 days of their appointment, the American Arbitration Association or a federal judge in Utah shall
select such arbitrator in accordance with the terms of this agreement.
4. The arbitrator[s] shall have 2 years of experience .
5. The arbitration shall be conducted in accordance with the then existing
Commercial Rules of the American Arbitration Association.
6. The arbitration shall be conducted in a city in Utah County, Utah.
7. The laws of the State of Utah shall be applied in any arbitration
proceedings, without regard to principles of conflict of laws.
8. It is the intent of the parties that, barring extraordinary circumstances, arbitration
proceedings will be concluded within 240 days from the
date the arbitrator[s] are appointed. The arbitrator[s] may extend this time limit in
the interests of justice. Failure to adhere to this time limit shall not constitute a
basis for challenging the award.
9. Except as may be required by law, neither a party nor its representatives may
disclose the existence, content, or results of any arbitration hereunder without the
prior written consent of all parties.
10. The Parties shall not be entitled to discovery.
11. The Parties shall exchange a copy of all exhibits for the arbitration hearing and
shall identify each witness who will testify at the arbitration, with a summary of
the anticipated testimony of such witness 30 days before the arbitration hearing.
12. The arbitrator[s] shall have no authority to award punitive, consequential, special or
Indirect damages. The arbitrators shall not be entitled to issue injunctive and
other equitable relief.
13. The cost of the arbitration proceeding and any proceeding in court to confirm or
to vacate any arbitration award, as applicable (including, without limitation,
reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as
determined by the arbitrators, and shall be awarded as part of the arbitrator’s
award. It is specifically understood and agreed that any party may enforce any
award rendered pursuant to the arbitration provisions of this Section by bringing
suit in any court of competent jurisdiction. The parties agree that the arbitrator
shall have authority to grant injunctive or other forms of equitable relief to any
party. This Section shall survive the termination or cancellation of this
Agreement.
14. Each party shall pay its own proportionate share of arbitrator fees and expenses
[plus the fees and expenses of the arbitrator it designated (if there are three
arbitrators] and the arbitration fees and expenses of the American Arbitration
Association. The arbitrator[s] shall be entitled to
award the foregoing arbitration and administrative fees and expenses as damages
in his/her discretion.
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