Terms & Conditions
Thank you for visiting the Healthier Living
Institute, LLC (“Healthier Living”) website (“Website”). This Website
is the intellectual property of Healthier Living Institute, LLC
("Healthier Living,” “we,” or “us”). By accessing this Website or
purchasing products or services from this Website, you agree to the
following Website Terms and Conditions (“Terms and Conditions”). The
Healthier Living Institute, LLC’s Privacy Policy (“Privacy Policy”) and
any and all other posted operating rules, policies, price schedules and
other supplemental terms and conditions or documents that may be
published from time to time, are expressly incorporated herein by
reference (collectively, the “Agreement”). Please review the Agreement
carefully. If you do not agree to the terms and conditions contained
within the Agreement in its entirety, you are not authorized to use the
Website or purchase products from the website in any manner or form
whatsoever.
INTERNET TECHNOLOGY AND THE APPLICABLE
LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE
THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AT ANY TIME. YOUR CONTINUED
USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED
PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
HEALTHIER LIVING INSTITUTE IS NOT A COVERED ENTITY FOR PURPOSES OF THE
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”),
NOR IS THE INFORMATION PROVIDED BY YOU TO HLI CONSIDERED PROTECTED
HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND
SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT
CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT. THE INFORMATION
PRESENTED ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY
AND IS IN NO WAY INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS OR TREATMENT.
THIS INFORMATION AND THE PRODUCTS PROVIDED SHOULD ONLY BE USED IN
CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR
PHYSICIAN BEFORE TAKING ANY SUPPLEMENT OR OTHER PRODUCTS OFFERED ON OR
THROUGH THE WEBSITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER
QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING YOUR
HEALTH OR MEDICAL CONDITION.
1. Acceptance of Agreement.You
agree to the terms and conditions outlined in the Agreement with
respect to your use of the Website including, but not limited to, your
purchase of Online Products through this Website. This Agreement
constitutes the entire and only agreement between you and Healthier
Living Institute with respect to your use of the Website and supersedes
all prior or contemporaneous agreements, representations, warranties
and/or understandings with respect to your use of the Website, the
content contained therein and/or the analyses, research, opinions and
other information provided by or through the Website. Healthier Living
Institute may change the Agreement, in whole or in part, at any time
without specific notice to you. The latest Agreement will be posted on
the Website. Your continued use of the Product following posted notice
constitutes your acceptance of all of the terms and conditions
contained within the Agreement in effect at that time. Therefore, you
should regularly check this page for updates and/or changes. Unless
explicitly stated otherwise, any future offer(s) or product(s) made
available to you on the Website that augment(s) or otherwise enhance(s)
the current features of the Website shall be subject to the Agreement
posted at the time of your purchase. Healthier Living Institute is not
responsible or liable in any manner whatsoever for your inability to
use the Website and/or obtain any Online Products. The Website and
Products offered are available only to individuals who are at least
eighteen (18) years of age and can enter into legally binding
contracts. Healthier Living Institute reserves the right, in its sole
discretion, to deny any order of anyone at any time and for any reason,
whatsoever. You certify that you are eighteen (18) years of age and
agree to provide true, accurate, current and complete information when
prompted for such information.
2. Orders/Billing.In
consideration for the Products you order from Healthier Living, you
agree to pay the sums listed at the time such sums are due and owing.
You shall have the choice to pay with a credit card or debit card.
3. Return and Refund Policy.
If you are not satisfied with the product for any reason please contact
our Customer Care Department at 954-318-4705.
Our
Customer Care Department will issue an RMA number (Return Merchandise
Authorization) for all unopened products as long as you are in
accordance with the terms and conditions. Please read the terms and
conditions applicable for your product return.
Returns:
All returns for any unopened products must be postmarked 30 days from
the date that the product was originally shipped to be eligible for a
refund less shipping and handling and a 15% restocking fee. Shipping
and handling fees are non-refundable Refunds will not be made on any
packages marked “Return to Sender”.
To return a product for an exchange or refund, you will need to obtain
a Return Merchandise Authorization (RMA) number by contacting the
Customer Care Department at (954) 318-4705 Monday thru Friday, 9:00AM –
6:00PM EST.
An RMA number can ONLY be obtained by contacting Customer Care and speaking to a customer care representative.
Please Note:
1. you, the customer, are responsible for returned shipping and handling costs.
2. Healthier Living Institute is NOT responsible for any overdraft fees
or situations resulting from customers using a credit card with an
insufficient balance to cover the above costs. It is the sole
responsibility of the customer to ensure funds are available to cover
all applicable fees and taxes.
Return products must be sent to the following address:
Healthier Living Institute, LLC
4051 SW 47th Ave
Suite 101-102
Davie, Florida 33314
The RMA number must be clearly written on the package that you are sending back.
We are not responsible for lost or stolen items. We recommend the use
of some type of delivery confirmation system for all returned items to
ensure proper delivery. Refunds will be issued only to the same credit
card that was used in ordering the product. It generally takes about
2-3 weeks to receive a refund. Once a refund has been issued, it
usually takes 3-5 business days for the credit to be posted to your
account, depending on your financial institution.
4. Disclaimer of Warranties.THE
WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED
ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT
NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A
PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
HLI MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR
REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
OR THAT DEFECTS WILL BE CORRECTED; WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; (d) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL
BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE,
OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED
OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE
PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE
WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HLI IS
NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION
ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM HLI OR OTHERWISE THROUGH OR FROM THE
WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
5. Limitation of Liability.YOU
EXPRESSLY UNDERSTAND AND AGREE THAT HLI SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES EVEN IF HLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE
INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED
FROM OR THROUGH THE SITE; THE FAILURE TO REALIZE ANY SPECIFIC RESULT
FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER
MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE HLI
FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE
LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH
LIMITATION, THE MAXIMUM LIABILITY OF HLI TO YOU UNDER ANY AND ALL
CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND
PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF
YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR
SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1)
YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE
NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE
BASIS OF THE BARGAIN BETWEEN YOU AND HLI. ACCESS TO THE WEBSITE AND/OR
THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN
SUCH JURISDICTIONS HLI LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
6. Copyright and Trademarks.All
logos, page headers, custom graphics and icons are trademarks and/or
service marks owned by Healthier Living. All other trademarks, product
names, company names and logos appearing on the Website are the
property of their respective owners. The Website contains information,
data, software, photographs, graphics, videos, text, images, typefaces,
sounds and other material (collectively “Content”) that are protected
by copyrights, trademarks or other proprietary rights, and these rights
are valid and protected in all forms, media and technologies existing
now or developed in the future. All Content is copyrighted as a
collective work under the United States copyright laws, and Healthier
Living Institute owns a copyright in the selection, coordination,
arrangement and enhancement of such Content. All rights to such Content
are reserved to their respective copyright owners. Except as permitted
by the fair use privilege under United States copyright laws, you may
not upload, post, reproduce or distribute in any way the Content
protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other proprietary right.
Any other use of the Content available on our Website, including
reproduction for purposes other than as noted above, modification,
distribution, replication, commercial or other use, without our prior
written permission, is strictly prohibited.
7. Indemnification.You
agree to indemnify and hold Healthier Living, its parents and
subsidiaries, and each of their respective members, officers,
directors, employees, agents, co-branders, content licensors and/or
other partners, harmless from and against any and all claims, expenses
(including reasonable attorneys’ fees), damages, suits, costs, demands
and/or judgments whatsoever, made by any third party due to or arising
out of: (a) your use of the Website; (b) your breach of the Agreement;
and/or your violation of any rights of another individual and/or
entity.
8. Third Party Websites.The
Website may contain links to other websites on the Internet that are
owned and operated by third parties. Healthier Living Institute does
not control the information, products or services available on these
third party websites. The inclusion of any link does not imply
endorsement by Healthier Living Institute of the applicable website or
any association with the website’s operators. Because Healthier Living
Institute has no control over such websites and resources, you agree
that Healthier Living Institute is not responsible or liable for the
availability or the operation of such 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 Healthier Living Institute
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.
9. General Provisions.The
Agreement shall be treated as though it were executed and performed in
the State of Florida and shall be governed by and construed in
accordance with the laws of the State of Florida without regard to
conflict of law principles. Should a dispute arise concerning the terms
and conditions of the Agreement or the breach of same by any party
hereto, the parties agree to submit their dispute for resolution by
arbitration before the American Arbitration Association in Broward
County, Florida in accordance with the then current Commercial
Arbitration Rules of the American Arbitration Association. Any award
rendered shall be final and conclusive to the parties and a judgment
thereon may be entered in any court of competent jurisdiction. Nothing
herein shall be construed to preclude any party from seeking injunctive
relief in order to protect its rights pending an outcome in
arbitration. Should any part of the Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force
and effect. The Agreement is personal between you and Healthier Living
Institute and governs your use of the Website. Healthier Living’s
failure to enforce any provision of the Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such provision.
The parties do not intend that any agency or partnership relationship
be created through operation of the Agreement.
10. Contact Us.If
you have any questions about the Agreement or about the practices of
Healthier Living Institute, LLC, please feel free to contact us at:
Healthier Living Institute, LLC
4051 SW 47th Avenue
Suite 101-102
Davie, Florida 33314
Telephone: 954-318-4705