The following are the terms of the
agreement between Healthgoods, LLC (“Company”) and the buyer (“Buyer”) of goods or
services through the Healthgoods, LLC website (the “Site”). Through the use of
this website and the purchase of goods and services offered herein, you agree
to be bound by the Terms and Conditions of this website. If you do not
agree to these terms, you can not view website information or purchase goods
and services, so please review these terms carefully:
1.
This Contract constitutes the entire and
only agreement between the Company and Buyer, and supersedes any and all prior
or contemporaneous agreements, representations, warranties, and understandings
with respect to the goods, services and information provided by or through the
Site, and the subject matter of this Contract. Buyer agrees to review
this Contract prior to purchasing anything and purchase of a good or service
shall be deemed acceptance of this Contract.
2.
Setup and Payment. Buyer represents
and warrants that (i) the credit card information supplied is true, correct
and complete and (ii) charges incurred by the Buyer will be honored by the
Buyer's credit card company and (iii) Buyer shall pay charges incurred by
Buyer at the amounts in effect at the time incurred, including all applicable
taxes. Buyer shall be responsible for all charges incurred through use of
Buyer's password. Buyer agrees to keep his or her password confidential and
to notify Company within 24 hours of any breach of this Contract or
unauthorized use of the password. Company does not protect Buyer from
unauthorized use of Buyer's password.
3.
Copyright. The content, organization,
gathering, compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks, and other proprietary (including but not limited to intellectual
property) rights, and, the copying, redistribution, use or publication by a
Buyer of any such content or any part of the Site is prohibited.
4.
Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit or delete any
information or content appearing on the Site and to remove any goods and
services for sale. Upon notice published over the Service, Company may modify
this Contract, or prices, and may discontinue or revise any or all aspects of
the Site in its sole discretion and without prior notice. Modification of
this Contract will be deemed effective upon publication on the Site with
respect to transactions occurring after said date.
5.
Right to Refuse. Company reserves the
right in its sole discretion to refuse service at any time. Sale of any goods
or services is subject to availability.
6.
Indemnification. Buyer agrees to
indemnify, defend and hold Company and its affiliates, licensors and suppliers
harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to a Buyer's violation of this Contract or use of the
Site.
7.
Non-Transferable. Buyer's
right to use the Service is not transferable and is subject to any limits
established by Company or by Buyer's credit card company.
8.
Disclaimer. THE SERVICE, CONTENT,
GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY
OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY
CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR
SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION
OF LIABILITY.
9.
Refund Policy. If a product purchased
is defective or not to Buyer’s satisfaction, Buyer can return the product in
its original condition within 30 days of receipt with a return authorization.
In such event, Company shall
provide Buyer a credit or exchange for other purchases from the Site. Refund
or exchange credit does not include shipping charges. Customers are
responsible for shipping charges on returned merchandise and for shipping new,
exchanged products. Customers are responsible for shipping damage on returned
merchandise. Shipping insurance is suggested. See
Return Policy for more detail.
10.
Use of Information. Your information, and the order
recipient's information, is used to process the order, send order
notifications, confirm delivery,
provide customer support, supply services, and communicate
effectively. Healthgoods, LLC never sells or rents your personal
contact information to any outside source. Company reserves the
right, and Buyer authorizes Company, to the use and assignment of all
information regarding Buyer’s use of the Site and all information provided by
Buyer, subject to our Privacy Policy. See our complete
Privacy Policy
for more detail.
11.
Miscellaneous. This Contract shall be
treated as though it were executed and performed in New Hampshire and shall be
governed by and construed in accordance with the laws of the United States of
America and of the State of New Hampshire (without regard to conflict of law
principles). Any cause of action of Buyer with respect to the Site must be
instituted within six (6) months after any purchase or be forever waived and
barred. All actions shall be subject to the limitations set forth in
Section 8. The language in this Contract shall be interpreted as to its fair
meaning and not strictly for or against any party. All legal proceedings
arising out of or in connection with this Contract shall be brought solely in
New Hampshire and Buyer expressly submits to the jurisdiction of said courts
and Buyer consents to extra-territorial service of process. Should any part
of this Contract be held invalid or unenforceable, that portion shall be
construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties and the remaining portions shall remain in
full force and effect. To the extent that anything in or associated with the
Site or the Company is in conflict or inconsistent with this Contract, this
Contract shall take precedence. Failure of Company to enforce any provision
of this Contract shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
