OVERVIEW
Welcome to Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004! The terms “we”, “us” and “our” refer to Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004. Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004.
Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004’s names, logos, product and service names, designs, and slogans are trademarks of Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 or its affiliates or licensors. You must not use such trademarks without the prior written permission of Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 is headquartered. You and Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@healthyventures.com.
Our contact information is posted below:
[INSERT TRADING NAME]
info@healthyventures.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] OVERVIEW
Welcome to Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004! The terms “we”, “us” and “our” refer to Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004. Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004.
Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004’s names, logos, product and service names, designs, and slogans are trademarks of Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 or its affiliates or licensors. You must not use such trademarks without the prior written permission of Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 is headquartered. You and Healthy Ventures LLC, Contact: info@healthyventures.com, Pureables™ Hotline: 805.409.9004 consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@healthyventures.com.
Our contact information is posted below:
[INSERT TRADING NAME]
info@healthyventures.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] HEALTHY VENTURES® WEBSITE TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified by Healthy Ventures®, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Sites (“Site Content“) are owned, controlled or licensed by Healthy Ventures®, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Healthy Ventures®® and as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Healthy Ventures® or purchasing Healthy Ventures® products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Healthy Ventures®® or to purchase Healthy Ventures®® products for your use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Healthy Ventures®. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
Subject to your strict compliance with these Terms and any Additional Terms, Healthy Ventures® grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to access, view and download (if downloading is expressly offered by Healthy Ventures®) the Site Content (with the exception of source and object code, other than as made available to access and use via standard web browsers). When you access or view the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Site, nor allow or assist any third party in doing so. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Site Content in any way, without the prior written permission of a duly authorized Healthy Ventures®® employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.
VIRAL DISTRIBUTION
Healthy Ventures® grants you the limited, revocable permission, subject to the restrictions in these Terms, to share portions of the Site Content with others via the following methods when a Site feature purposefully makes such sharing available (“Viral Distribution“): (a) sending Site Content to friends or acquaintances at no charge; or (b) posting and displaying a copy of Site Content on a personal web site; or (c) posting and displaying a copy of the Site Content on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party web site’s terms and conditions and policies, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.
If you engage in Viral Distribution, you agree that you will not post any performance claims about a Healthy Ventures® or Healthy Ventures® brand (“Healthy Ventures® Brand”), including but not limited to Healthy Ventures® Products. Only Healthy Ventures® can make claims, promises or statements on behalf of Healthy Ventures® about its products. You also agree that you will not imply that you and Healthy Ventures® or any Healthy Ventures® Brand are affiliated in any way or that Healthy Ventures® approves of your comments.
Trademarks
All trademarks, service marks and trade names of Healthy Ventures® used in the site are trademarks or registered trademarks of Healthy Ventures®
Warranty Disclaimer
This site and the materials and products on this site are provided “as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Healthy Ventures® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non infringement. Healthy Ventures® does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Healthy Ventures® does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Healthy Ventures® shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Healthy Ventures® has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Healthy Ventures® product is mistakenly listed at an incorrect price, Healthy Ventures® reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Healthy Ventures® reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Healthy Ventures® shall issue a credit to your credit card account in the amount of the incorrect price. Healthy Ventures® will work with you to achieve a positive outcome.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Healthy Ventures® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Healthy Ventures® may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Healthy Ventures®.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Healthy Ventures® products) shall be in the state or federal courts located in Ventura County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Healthy Ventures® products} must be commenced within one (1) year after the claim or cause of action arises. Healthy Ventures®’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Healthy Ventures® may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language. is strictly forbidden. Impersonation of others, including a Healthy Ventures® or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute. or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights. abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
WIDGETS
The Sites may provide certain content that you may choose to include on your personal web page, blog, third party web site or social networking profile page, or similar page by pasting the HTML or other code provided by Healthy Ventures® and labeled as embed code (or a similar identifying label) (“Widget”). Widgets are Site Content and subject to the limited, revocable license described above. You agree that you will not include or otherwise make available a Widget on a web page or web site containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Healthy Ventures®’s sole opinion). As described in the “Disclaimer of Warranties” section of these Terms, Healthy Ventures® makes no specific warranties about Widgets. Healthy Ventures® may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any content made available via any Widget. In addition, Healthy Ventures® may disable Widgets that you include on any Personal Page if you violate these Terms (as determined by Healthy Ventures® in its sole discretion) or for any or no reason, without any liability to you. You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by Healthy Ventures® to be displayed via a particular Widget.
DISCLAIMER OF WARRANTIES
The sites (including, without limitation, the site content) is provided on an “as is”, “as available” and “with all faults” basis, and without warranties of any kind, either exprss or implied. To the fullest extent permissible by law, the Healthy Ventures® parties disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The Healthy Ventures® parties do not warrant that your activities or use of the site is lawful in any particular jurisdiction, and the Healthy Ventures® parties specifically disclaim such warranties. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Without limiting the foregoing, the Healthy Ventures® parties do not warrant that your use of the site will be error-free, uninterrupted, or secure; that defects will be corrected; or that the site or the server that makes the site available is free from any harmful components, including, without limitation, viruses. The Healthy Ventures® parties do not make any representations or warranties that the information (including any instructions) on the site is accurate, complete, or useful. You acknowledge that your use of the site is at your sole risk. You acknowledge that you are responsible for obtaining and maintaining all internet access services, device hardware and other equipment needed to access and use the site, and all charges related thereto. You assume total responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement of any Healthy Ventures® party, whether made on the site, in response to a question submitted on or through the site, or otherwise, shall create any warranty not expressly stated herein.
You understand that by using the site you act at your own risk, and you represent and warrant that your activities are lawful in the jurisdiction(s) where you access or use the site. The Healthy Ventures® parties neither endorse nor are responsible for any opinion, advice, information, statement, or user content made or displayed on the site by third parties (including any user of the site) and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from such content obtained on or through the site. Please remember that it is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information or statement available on the site. A possibility exists that the site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made to the site by third parties. Although we attempt to ensure the integrity of the site, the Healthy Ventures® parties make no guarantees as to the site’s completeness or correctness.
Limitation of liability; waiver
Under no circumstances will the Healthy Ventures® parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) arising out of or relating in any way, directly or indirectly, to: (a) the site (including, without limitation, all site content); (b) user content; (c) your use of, inability to use, or the performance of the site; (e) any action taken in connection with an investigation by the Healthy Ventures® parties or law enforcement authorities regarding your use of the site; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the site’s technical operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the Healthy Ventures® parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or destruction of the site). In no event will the Healthy Ventures® parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your sole remedy for dissatisfaction with any portion of the site is to stop using the site, and the sole and exclusive maximum aggregate liability of the Healthy Ventures® parties for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) shall be the greater of ten dollars ($10.00) or the total amount paid by you, if any, to access the site.
You agree that in the event you incur any damages, losses or injuries that arise out of Healthy Ventures®’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation the sites or any Healthy Ventures® web site, property, product, service, or other site content owned or controlled by the Healthy Ventures® parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the site or any Healthy Ventures® web site, property, product, service, or other site content owned or controlled by the Healthy Ventures® parties.
By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of california, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless each of the Healthy Ventures® Parties from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys’ fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms or any Additional Terms; (b) your use of the Sites or activities in connection with the Sites; (c) your User Content; and your use of Viral Distribution, Widgets, and Applications; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Healthy Ventures® Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Healthy Ventures®. You will cooperate as fully required by the Healthy Ventures® Parties in the defense of any claim. The Healthy Ventures® Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Healthy Ventures® Parties.
TERMINATION
In its sole discretion, Healthy Ventures® reserves the right to terminate, suspend, or block your access to and use of the Sites, without notice and liability, for any reason, including, without limitation, if Healthy Ventures® believes your conduct fails to conform with these Terms. Healthy Ventures® also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Healthy Ventures®. Any violation of these Terms may be referred to law enforcement authorities. Any provision of these Terms, which by its terms, ought to survive, shall survive any termination of these Terms.
Participation Disclaimer
Healthy Ventures® does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Healthy Ventures® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Healthy Ventures® reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d} offensive or otherwise unacceptable to Healthy Ventures® in its sole discretion.
In compliance with the Children's Online Privacy Protection Act of 1998, this Website is not intended or designed to attract children under the age of 13. Healthy Ventures® does not knowingly collect personally identifiable information via this Website from visitors in that age group without the explicit consent of a parent or guardian.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content and information provided by the Sites is for informational purposes only. It may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Sites in place of a consultation with your doctor or other health care provider.
Healthy Ventures® does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. The information and content provided by the Sites is not a substitute for medical advice and nothing contained on the Sites or in a response to your inquiries or questionnaires is intended to be a medical diagnosis or treatment plan. If you suspect you have a medical problem, or if you have any health care related questions, please promptly call or see your physician or other health care provider.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Sites. While we strive to keep the information on the Sites accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.
You may contact us with general questions regarding our products, dietary supplements or health matters, but do not send us any specific medical, therapeutic or treatment questions. Note that information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
NOTICE ON TESTIMONIALS
The content provided on this website, including the testimonials and graphics, is owned by Healthy Ventures® and protected by United States and international copyright laws. Healthy Ventures® and its affiliates retain all proprietary rights to the Content. The Content is intended for your personal use only and may not be reproduced, copied, altered, or distributed without the prior written consent of Healthy Ventures®.
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, you should be aware of the following:
The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened where the testimonial was lengthy or portions were repetitive.
The customer testimonials are actually received from our customers. They are individual experiences by persons who have used our products. However, the effectiveness of our products varies depending on each customer's situation. Therefore, these testimonials and case histories reflect individual results and Healthy Ventures® does not claim that they are typical results you should expect to achieve.
The expert testimonials and endorsements are actually received from medical professionals, whose qualifications give him or her the expertise that he or she is represented as possessing. The testimonials and endorsements are supported by the respective medical professional's actual exercise of his or her expertise in evaluating the product features or characteristics with respect to which he or she is an expert and which are both relevant to an ordinary consumer's use of or experience with the product and also are available to the ordinary consumer. Furthermore, the testimonials and endorsements are supported by an actual evaluation, examination or testing of the product that is at least as extensive as that an expert in the field would normally conduct in order to support the conclusions presented in the endorsement or testimonial.
The medical professionals may receive compensation from Healthy Ventures® in the form of fees for consulting.
MEMBERSHIP & REGISTRATION
Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information.
If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Healthy Ventures® reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else’s password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data. By providing us with your contact information, you agree and consent to receive communications from us at such contact information. You understand that you do not have to consent to receive text messages in order to purchase any product or service, but that if you provide your mobile phone number, you consent and agree to receive text messages sent by us or our third-party service providers, which may be sent using an automated telephone dialing system, and that message and data rates may apply.
Third-Party Links
In an attempt to provide increased value to our visitors, Healthy Ventures® may link to sites operated by third parties. However, even if the third party is affiliated with Healthy Ventures®, Healthy Ventures® has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Healthy Ventures®. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Healthy Ventures® seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
DISPUTES AND ARBITRATION
Any dispute you have with Healthy Ventures® should be submitted to Healthy Ventures®’s Consumer Affairs Department within thirty days of the event giving rise to the dispute. The Consumer Affairs Department can be contacted via email at: info@Healthy Ventures®.net. Please allow at least thirty (30) days for Healthy Ventures® to address your complaint prior to taking further action.
Except for disputes relating to the infringement of your or Healthy Ventures®’ intellectual property (such as trademarks, trade dress, copyright and patents) or where you or Healthy Ventures® are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Healthy Ventures® (whether or not such dispute involves a third party) with regard to these Terms, your use of the Sites, your purchase of any Healthy Ventures® Brand product, or any Healthy Ventures® Brand advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor Healthy Ventures® will participate in a class action or class-wide arbitration for any claims covered by this agreement.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, California law. The arbitration will be conducted in Ventura County, California, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Healthy Ventures® or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the place of your residence at the time the dispute is submitted to arbitration. Healthy Ventures® will pay the costs for arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful. In all other cases, you will bear 50% of the cost of any arbitration and you alone will be responsible for your attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.
If any provision of these Terms if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Healthy Ventures® reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Healthy Ventures®.
MISCELLANEOUS
The failure of Healthy Ventures® to insist upon or enforce strict performance of any provision of these Terms or to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Healthy Ventures®’s rights with respect to such breach or any subsequent breaches. No waiver by Healthy Ventures® of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Healthy Ventures®, nor will such a waiver be deemed a further or continuing waiver of such term or condition or any other term or condition. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Healthy Ventures® may assign its rights and duties under these Terms to any party at any time without any notice to you. However, you may not assign, transfer, or sublicense these Terms except with the prior written consent of Healthy Ventures®. Headings and paragraph or section titles are inserted only as a matter of convenience and do not, and shall not be used to, explain any paragraph or provision. You agree that these Terms will not be construed against Healthy Ventures® by virtue of Healthy Ventures® having drafted these Terms.
OUR RIGHT TO UPDATE THESE TERMS
Healthy Ventures® reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms“). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
CONTACT INFORMATION
You may contact us at info@healthyventures.com or using other contact information provided on our Sites.