TERMS AND CONDITIONS
SECTION 1 – OVERVIEW AND PHYSICIAN DISCLOSURE OF FINANCIAL INTEREST
This website (https://healthmins.com) (the “Website”) is operated by HealthMins, LLC, a Colorado limited liability company (“HealthMins”). Throughout the Website, the terms “we”, “us” and “our” refer to HealthMins. HealthMins offers this Website, including all information, products, tools and services available from this Website to you, the user (“you” or “your” and together with HealthMins, the “Parties”, and each, a “Party”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using the service provided by HealthMins through our Website (the “Site” and together with such services, the “Services”), obtaining information, and/or purchasing products, including any supplements (“Products”) from us, you and your agents agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Healthmins, LLC is owned by Steven Grekin, D.O. Reagan Anderson, D.O. and Jeff Anderson, D.P.A. You understand that in purchasing the Products and accessing the Services, that each of these individuals will benefit financially from your purchase.
the Website, you agree to be bound by these Terms and Conditions, and all the terms incorporated herein by reference. If you do not agree to all the terms and conditions contained in these Terms and Conditions, then you may not access the Website or order of any of our Products.
We reserve the right to change or modify these Terms at any time and in our sole discretion. Any new features, Products, or tools which are added to the current store shall also be subject to the Terms and Conditions.If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Services or order, receive or use the Products.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – GENERAL PURCHASE OF PRODUCTS AND PERFORMANCE OBLIGATIONS
(a) Plans. In addition to selling products individually, HealthMins offers a subscription service where we offer various subscription plans for the recurring delivery of our products (each purchase of any such plan, a “Subscription”). Our product offerings and available Subscription plans are described on our website, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.
(b) AUTOMATIC RENEWAL OF SUBSCRIPTION.
(c) CANCELLATION POLICY. IN THE EVENT THAT YOU WOULD LIKE TO CANCEL OR CHANGE YOUR SUBSCRIPTION SHIP DATE PRIOR TO INVOICE DATE, PLEASE LOG INTO YOUR ACCOUNT AT HEALTHMINS.COM AND MODIFY YOUR SUBSCRIPTION AS NEEDED. YOU MAY ALSO EMAIL email@example.com PRIOR TO THE INVOICE DATE. IF CANCELLATION OCCURS AFTER THE INVOICE DATE THE CANCELLATION REQUEST WILL BE PROCESSED FOR THE NEXT SCHEDULED INVOICE. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
2.4 Gifts. You may have the ability from time to time to purchase Subscriptions for other people through the Services (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift.
2.5 Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your HealthMins account, you can do so at any time by logging into your account and editing your payment information.
2.6 Pricing. All prices shown via the Services are in U.S. dollars. Any applicable taxes and other charges, if any, are additional.
2.7 Availability. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific dietary supplements, or entire shipments) without prior notice.
2.8 Taxes. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
2.9 Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by FedEx, however we reserve the right to utilize other shipping carriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
2.10 Deliveries. We endeavor to ship all orders within 30 days. Shipping charges are calculated based on the speed of the shipping option you chose, plus the weight of the items. To reflect the policies of the shipping companies we use, all weights are rounded up to the next full pound. On rare occasions, the actual shipping and handling charge may differ slightly from the quoted charge. Any order discrepancies must be reported within 90 days of receipt of product. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. Any discrepancies can be reported by emailing firstname.lastname@example.org, along with a brief description and supporting photos. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Products is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
2.11 Returns and Refunds. We generally are not able to accept product returns. If you are not completely satisfied with your HealthMins purchase, please contact email@example.com within ninety (90) days of receipt. We will happily review your order and any reported issues and offer an appropriate resolution which may include replacement of the product in question, credit towards your next purchase, or a partial/full refund. In certain rare instances, we may request that you return a product, in which case we will provide a shipping label. Alternatively, we may ask that you provide photos of the product labels, including lot number and expiration date, and any damage reported. If your ordered Products are undeliverable because of missing, incorrect, or incomplete information, “Return To Sender” fees are your responsibility and will be deducted from any potential refund amount provided to you. When placing your order, please enter your shipping address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly when the order is placed, please email firstname.lastname@example.org immediately for correction. Should your shipping address change, please update your address prior to the invoice date either via your account at cleanprogram.com or by writing to email@example.com.
2.12 We do not issue refunds of any kind for purchases made through retail stores, practitioners, or third-party websites. If you purchase any product from a retail store, practitioner, or third-party website, the refund policy of that retail store, practitioner, or website shall apply.
2.12 No Resale. Unless you have been specifically appointed as authorized Reseller through a duly executed Reseller Agreement between you and Healthmins, you are not permitted to resell or otherwise use the Products for commercial purposes.
SECTION 3 - NO FRANCHISE OR BUSINESS OPPORTUNITY AGREEMENT
HealthMins and any individual or entity using the Website or otherwise interacting with HealthMins are independent contractors to one another and nothing in these Terms and Conditions shall be deemed or constructed as creating a joint venture, partnership, employer-employee relationship, agency relationship, franchise, or business opportunity between HealthMins and you. Neither Party, by virtue of these Terms and Conditions, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their personnel under these Terms and Conditions and will be solely responsible for their supervision, daily direction and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under these Terms and Conditions will be accomplished.
SECTION 4 - ONLINE STORE TERMS
4.1 Prohibited Use. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Products, violate any Laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
4.2 Breach. A breach or violation of any of the Terms will result in an immediate termination of your Product orders.
SECTION 5 - INTELLECTUAL PROPERTY AND TRADEMARK RIGHTS
5.1 This Website and all of its contents including, but not limited to, articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), logos, trademarks, tradenames, titles, characters, names, software, graphics and button icons, excluding User Content (collectively, “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. All Proprietary Material on the Website is owned or controlled by HealthMins or by third-parties that have provided rights thereto to HealthMins.
5.2 Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, publicly perform or display, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any technology or media now known or later developed.
5.3 Modification of the Proprietary Material on this Website or use of such Proprietary Material for any purpose is a violation of our copyright and other proprietary rights.
SECTION 6 - ADDITIONAL COPYRIGHT POLICY
None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of HealthMins, which permission may be withheld in our sole and absolute discretion. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
7.1 Accuracy and Completeness. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
7.2 Timeliness. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 8 - OPTIONAL TOOLS
8.1 Third-Party Tools. HealthMins may provide you with access to third-party tools over 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 optional tools offered through the Website 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).
8.2 New Products. HealthMins may also, in the future, offer new Products and/or features through the Website (including, the release of new tools and resources). Such new features and/or Products shall also be subject to these Terms and Conditions.
SECTION 9 - THIRD-PARTY LINKS
Certain content, Products and services available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
10.1 Feedback. We love to hear from you about your HealthMins experience, simply email us at firstname.lastname@example.org. You are always free to submit questions, comments, suggestions, ideas, original or creative materials or other information about HealthMins, the Sites or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of HealthMins. HealthMins shall be free to use (and allow others to use) such Feedback, including, without limitation, all intellectual property rights in and to such Feedback, and shall be entitled to the unrestricted dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10.2 Removal of Comments. HealthMins may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Any comment you submit, write, or publish as it pertains to HealthMins on your own social media site, personal website, and/or company must comply with the FDA rules and regulations found in the Dietary Supplement Health and Education Act of 1994 (DSHEA), specifically Sections 101.93(f) and 403(r)(6) to the Federal Food, Drug, and Cosmetic Act (FD&C Act). You agree that if you submit, write, or publish any material as it pertains to HealthMins, you accept full responsibility for its content and agree to indemnify, reimburse, defend and hold harmless HealthMins and its owners, managers, employees and agents for any ramifications from this content.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains 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 in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.
SECTION 12- PROHIBITED USES OF THE WEBSITE
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
SECTION 13 - GENERAL CONDITIONS
13.1 Right to Refuse Service. HealthMins reserves the right to refuse service and to refuse to sell Products to anyone for any reason at any time.
13.2 Credit Card Information. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
13.3 Reproduction. Except as provided in these Terms and Conditions, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, use of the Products, or access to the Products or any contact on the Website through which the Products are provided, without express written permission by HealthMins.
13.4 Unauthorized Resellers. HealthMins does not authorize or permit the resale of our Products by unauthorized resellers, retailers or distributors. Any account associated with a purchase order that we suspect is connected with the illegal distribution of our Products, or any other activity that was not pre-approved in writing by an authorized officer of HealthMins, may be subject to suspension or termination and restrained from further access to our Website. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser. HealthMins reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law including, but not limited to, The Lanham Act.
SECTION 14 - MODIFICATIONS TO THE PRODUCTS
14.1 Product Changes. HealthMins shall have the right at any time to modify or discontinue the Products (or any part or content thereof) without notice.
14.2 Limitation of Liability. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.
SECTION 15 - PRODUCTS
15.1 Limited Quantities. Certain Products may be available exclusively online through the Website. HealthMins may have limited quantities of such Products and such Products are subject to return or exchange only according to our Return Policy.
15.2 Appearance. The colors and images of our Products may not appear on the Website as the Products appear in reality. HealthMins cannot guarantee that your computer monitor's display of any color will be accurate.
15.3 Limitations. HealthMins, in its sole discretion, shall have the right, but is not obligated, to refuse any order or limit the sales of the Products to any person, household, geographic region or jurisdiction. HealthMins may exercise this right on a case-by-case basis. HealthMins shall have the right to limit the types and quantities of any Products that are offered. All descriptions of Products or Prices are subject to change at anytime without notice, at the sole discretion of us. HealthMins shall have the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
16.1 Website. We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
16.2 Disclaimers. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. AS OUTLINED IN OUR HEALTH DISCLAIMER, WE URGE THAT YOU SPEAK TO YOUR Medical provider before using our products or following ANY dietary recommendations or Changes in activity Level when Taking our products. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PRODUCTS ARE MANUFACTURED AND PACKAGED IN FACILITIES THAT MAY PROCESS ALL MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, AND TREE NUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NEITHER HEALTHMINS NOR ANY PERSON ON HEATHMINS’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING ANY WARRANTIES (i) THAT PRODUCTS WILL PROVIDE ANY SPECIFIC HEALTH OR OTHER BENEFIT (OR CURE ANY AILMENTS); OF (ii) MERCHANTABILITY; (iii) FITNESS FOR A PARTICULAR PURPOSE; (iv) TITLE; (v) NON-INFRINGEMENT; OR (vi) PERFORMANCE OF PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, (vi) relating to the Security of the Site; (D) that the inormation on theses sites, including nutritional and procing information, is accurate, complete, or current; or (E) that these sites will operate without interruption or errorWHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND YOU ACKNOWLEDGE THAT YOU HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY HEALTHMINS, OR ANY OTHER PERSON ON HEALTHMINS’S BEHALF, EXCEPT AS SPECIFICALLY DESCRIBED IN THESE TERMS AND CONDITIONS. ANY INDIVIDUAL WHO PURCHASES OR INGESTS THE PRODUCTS DOES SO KNOWINGLY AND VOLUNTARILY, ACCEPTS, AND ASSUMES RESPONSIBILITY FOR, EACH OF ALL KNOWN AND UNKNOWN RISKS AND DANGERS, AND ALL OTHER RISKS AND DANGERS (FORESEEABLE AND UNFORESEEABLE) THAT COULD POTENTIALLY ARISE OUT OF, OR AS A RESULT OF TAKING THE PRODUCTS.
IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR MOBILE DEVICE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, NATURAL VARIABILITY OF PRODUCTS, PREPARATION METHODS AND VARIABILITY OF EQUIPMENT AND APPLIANCES USED.
16.3 Limitation of Liability; release. In no case shall HealthMins, our owners, members, managers, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (“HealthMins Parties”) 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, loss of function, loss of life, 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 service or any Products, any damages related to use of the Product, any damages related to any your actions, or for any other claim related in any way to your use of the service 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 Website or any content (or Products) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility or as a result of taking the Products. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HEALTHMINS AND THE OTHER HEALTHMINS PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE HEALTHMINS MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF INGREDIENTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US FOR THE PRODUCTS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE HEALTHMINS AND THE OTHER HEALTHMINS PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE HEALTHMINS AND THE OTHER HEALTHMINS PARTIES FROM AND AGAINST ANY SUCH HEALTHMINS PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. It is not HealthMins’s intent to apply any exclusion or limitation in any jurisdiction where such exclusion or limitation is not permitted by law.
SECTION 17 - INDEMNIFICATION
17.1 Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, reimburse, defend and hold harmless HealthMins and its past, present, and future owners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively, “HealthMins Indemnified Parties”), from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, expenses and the costs including, without limitation, court costs, and costs of settlement of enforcing any right to indemnification under these Terms and Conditions and the cost of pursuing and insurance providers, incurred by HealthMins (“Losses”) relating to, arising out of, or relating in any way to or arising out of or related to:
You further agree that Healthmins shall have control of the defense or settlement of any third party Claims. This indemnity is addition to, and not in lieu of any other indemnities set forth in a written agreement between you and Healthmins.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
19.1 Survival. The obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.
19.2 Termination. HealthMins may terminate its relationship with you with immediate effect upon written notice to you without cause for any or no reason or if you: (i) fail to pay any amount when due under any order; (ii) have not otherwise performed or complied with any of these Terms, in whole or in part; (iii) become insolvent, file a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors, and you will remain liable for all amounts due up to and including the date of termination; (iv) fail to abide by the Terms and Conditions; or (v) takes any action that reflects negatively on HealthMins.
SECTION 20 - REFERENCES TO OTHER BRANDS/COMPANIES/BUSINESSES
While we may reference material from other companies and brands (Doctors Quarterly, Your Health University, Colorado Dermatology Institute, etc.), these are completely separate companies/brands and not related to HealthMins.
SECTION 21 - MISCELLANEOUS
21.1 Waiver. No waiver by HealthMins of any of the provisions of these Terms and Conditions is effective unless explicitly set forth in writing and signed by HealthMins. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
21.2 Entire Agreement. These Terms and Conditions, including any Appointment of Reseller, together with any purchase orders and any policies or operating rules posted by us on our Website or in respect to the Products, constitutes the sole and entire agreement and understanding between the Parties with respect to the subject matter contained herein, and supersedes all prior or contemporaneous understandings, agreements, communications and proposals, whether oral or written, between the Parties regarding such subject matter.
21.3 Governing Law. All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado. Notwithstanding the foregoing, HealthMins does not represent that the content or Products on this Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with any applicable local Laws.
21.4 Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or relating to these Terms and Conditions shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the County of El Paso, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. A printed version of the Terms and Conditions and of any notice or communication given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21.5 NOTE TO CALIFORNIA USERS AND RESIDENTS: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-445-1254.
21.6 Compliance with Law. You shall comply with all applicable Laws, regulations and ordinances. You shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under these Terms and Conditions. You shall comply with all export and import Laws of all countries involved in the sale of the Products under these Terms and Conditions or any resale of the Products by you. You assume all responsibility for shipments of Products requiring any government import clearance. HealthMins may terminate its relationship with any individual if any governmental authority imposes antidumping or countervailing duties or any other penalties on the Products. All Products ship from the United States and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees.
21.7 Attorneys’ Fees. If HealthMins is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with your use of the Website, its content, or the Products, then HealthMins shall be entitled to recover from you, in addition to any other relief awarded or granted, its costs and expenses (including, without limitation, attorneys’ fees and costs and/or court costs) incurred in the proceeding.
21.8 Successors and Assigns. These Terms and Conditions shall be binding upon and inure to the benefit of each of the Parties hereto, and their respective successors and permitted assigns.
21.9 Assignment. You shall not assign any of your rights or delegate any of your obligations under these Terms and Conditions without the prior written consent of HealthMins. Any purported assignment or delegation of any rights under the Terms and Conditions in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
21.10 Relationship of the Parties. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
21.11 Remedies. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law.
Effective: November 7, 2019