TERMS AND CONDITIONS
Updated: July 19, 2012
BY ACCESSING THE WWW.ORDERXANOGEN.COM WEB SITE ("SITE"), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WWW.ORDERXANOGEN.COM WEB SITE.
This Site is made available by Health Formula Inc.. ("Health Formula Inc."), and all references herein to "we" or "us" refer to Health Formula Inc.. All references herein to "you" or "user" refer to any user of this Site.
These Terms include the following:
- Terms of Sale for placing an order, including shipping, delivery, returns and refund policies; and
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms or any aspect of the Site at any time without further notice. We will post changes to these Terms on this web page and will indicate at the top of this page the date these Terms were last updated. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITE TO DETERMINE IF THERE HAVE BEEN CHANGES TO THESE TERMS AND TO REVIEW SUCH CHANGES.
TERMS OF SALE
- AVAILABILITY AND BACKORDERED ITEMS
All items are subject to stock availability. Available items will ship within 1-5 days after your order is received, and any items on backorder will ship at a later time as explained during the order process and/or in your order confirmation email. If you pay by credit, debit or store card we will not charge you for products which are on backorder until they ship. When your package is delivered, your invoice will display which items have shipped and which, if any, items may be on backorder.
- ORDERING ERRORS
You are able to make changes to your order up to the point at which you click on the ["submit order"] button on the credit card section of the checkout process.
- PRICES/PRODUCT DESCRIPTIONS
All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the products ordered plus the shipping charge and sales tax (if applicable). A schedule of shipping prices is available here.
Due to the large number of products on our site, it is always possible that some of the products listed on our site may be incorrectly priced or erroneously described, despite our best efforts. If we discover there is a pricing error, we will normally, at our discretion, either: (i) contact you and give you the option of reconfirming your order at the correct price or cancelling it; or (ii) reject your order and notify you of the rejection. We reserve the right to correct any errors in pricing or product descriptions at any time.
We accept payment with the following credit or debit cards: Visa credit and debit cards, MasterCard credit and debit cards, American Express credit and Charge Cards, and all Discover cards. By submitting an order to us through the Site, you are confirming that the payment details provided on your order are valid and correct. We will not charge your credit, debit or store card until we ship your order.
- TRACK YOUR ORDER
We offer online order tracking. You can track your order by clicking here www.ups.com.
- RETURN POLICY
Please review our online return policy, incorporated herein by reference, for information about our practices with respect to order cancellations and returns.
- LICENSE GRANT; RESTRICTIONS
Health Formula Inc. provides you a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with these Terms. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any article or other content on this site. Without limiting the foregoing, you may print and download information from this Site solely for your personal use, provided that all hard copies contain all copyright and other such notices contained in such information. You expressly acknowledge and agree that Health Formula Inc. transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.
You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Health Formula Inc. server, by hacking, password "mining," or any other illegitimate means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site; (v) take an action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Health Formula Inc.’ systems or networks or any systems or networks connected to the Site; (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site; (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to or through the Site; and (ix) use the Site in a manner that could damage, disparage, or otherwise negatively impact Health Formula Inc. or any contributor to or other user of the Site.
- USER OBLIGATIONS
This Site is not intended for use by children, especially children under age thirteen (13). By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age or older, or that you have the express permission of a parent or legal guardian to access or use this Site, and your parent or legal guardian agrees to be bound by these Terms on your behalf. You acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from this Site.
- PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, articles, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Health Formula Inc. and its successors and assigns and are protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Health Formula Inc. does not grant any express or implied right to you or any other person under any intellectual property or other proprietary rights laws or other laws, regulations, and statutes. Health Formula Inc. enforces it intellectual property rights to the fullest extent of the law. This Site is Copyright © 2017 by Health Formula Inc.. All rights reserved. Health Formula Inc. owns a copyright in the contents of the Site and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, articles or materials available through the Site and all copyrights, trade secrets, and know-how related thereto are owned by Health Formula Inc., unless otherwise indicated. All trademarks, logos, service marks and trade names (collectively, "Trademarks") display on this Site or on the content available through this Site are registered and unregistered Trademarks of Health Formula Inc. or their respective owners. Any use of such Trademarks, including without limitation, as domain names, without the express written permission of Health Formula Inc. or the appropriate owner is strictly prohibited.
- LINKS TO OTHER SITES
- PRIVACY OF USER INFORMATION
- LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES
By using this Site, you agree that Health Formula Inc. and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use Site, any failure or delay by Health Formula Inc. in connection with Site, or the performance or non-performance of the Site’s features, even if Health Formula Inc. has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.
Health Formula Inc. makes no warranty of any kind regarding the Site, which is provided on an "as is" and "as available" basis. Health Formula Inc. expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Health Formula Inc. is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Site, including without limitation that the Site will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Site. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Health Formula Inc. and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
- GOVERNING LAW
The laws of , without regard to its conflict of law principles, will govern these Terms. Any action to enforce these Terms will be brought in federal or state courts presiding in the country of and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Health Formula Inc... Health Formula Inc. makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable laws.
- ENTIRE AGREEMENT
These Terms make up the entire agreement between Health Formula Inc. and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.