TERMS & CONDITIONS
AND USER AGREEMENT
HEALTHY HOME AND BODY CENTER / HEALTHY LIVING CENTERS / BOBBY BAILEY, INC.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS AND USER AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE OR BY PURCHASING ANY PRODUCTS THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE TO THE TERMS OF THIS AGREEMENT AND TO BE CONTINUALLY BOUND BY EACH AND EVERY TERM. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE ANY OF THE SERVICES OR PURCHASE ANY PRODUCTS THROUGH THIS WEBSITE.
|CLAIMS ABOUT THE PRODUCT: The information contained on this website (the “Information”) is intended for general information purposes for use as an educational aid. The Information does not cover all possible uses, actions, precautions, side effects, or interactions of the products shown on this website (the “Products”). The Information is not intended as, and should not be relied upon, as medical advice or diagnosis for individual health problems or for making an evaluation as to the risks and benefits of using a particular product. You should carefully read all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. The Information and Products are not intended to diagnose, treat, cure, or prevent any condition or disease. Before undertaking any strenuous exercise or course of vitamins or other dietary supplements, or if you are pregnant or have any serious medical condition, you should seek medical advice from your health care provider. The Products should be taken in conjunction with, and not as a substitute for, a healthy and balanced diet. The Information and statements contained in this website, and the Products offered on this website, have not been evaluated by the Food and Drug Administration. Because health information changes rapidly, some Information may be out of date. No guarantees are made for the effectiveness of any Products offered through this website. Nutritional benefits may vary from one person to another.
EXCLUSION OF WARRANTIES: BOBBY BAILEY, INC. (THE “COMPANY”) MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE PRODUCTS, INCLUDING ANY WARRANTY OF SALEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY THAT MAY ARISE BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY: You agree that the Company and its officers, agents, directors, employees, or other representatives shall not be liable to you for damages arising out of or in connection with the use of this website, the Information, or the Products. This waiver of liability applies to all damages of any kind, including, without limitation, compensatory, direct, indirect, consequential, loss of income or profit, loss or damage to property, claims of third parties, costs, and/or expenses of any nature. You further agree to release, indemnify, defend, and hold harmless the Company and its officers, agents, directors, employees, or other representatives from and against all claims brought by any persons arising from or relating to your access and use of this website, including, but not limited to, the access to and use of the Information and/or Products obtained through this website. You further agree that the Company shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Products, if the delay or failure was due to any cause beyond the Company's reasonable control, including, but not limited to, difficulties in obtaining raw materials. If you are dissatisfied with any Product, the Information, this website, or any of the terms of this Agreement, your sole and exclusive remedy is to discontinue using this website. In no event shall the entire liability of the Company exceed the purchase price of any Products purchased. Where any valid claim is based on any defect in the quality or condition of a Product and the Company is timely notified of such defect, the Company shall be entitled to repair or replace the Product free of charge to you, or, at the Company's sole discretion, refund the price of the Product. In such event, the Company shall have no further liability to you.
ACCURACY OF WEBSITE INFORMATION / DISCLAIMER: While the Company uses reasonable efforts to include accurate and up-to-date Information and content on this website, the Company makes no warranties or representations as to the accuracy of such information and content. The Information herein is provided on an "as is, with all faults" basis without further warranty of any kind, and the Company hereby disclaims all liability and/or warranties with regard to the accuracy and suitability of the Information contained on this website. Neither the Company nor any other party involved in creating, producing, editing, updating, or delivering this website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, this website. Any typographical, clerical, or other error or omission in this website or any sales literature, quotation, price list, invoice, or other information issued by the Company shall be subject to correction without any liability on the part of the Company. You agree to assume the entire risk of loss and/or damages in using this website and the Information and content contained herein.
PRICE AND AVAILABILTY: Price and availability information is subject to change without notice.
DELIVERY: While every effort is made to deliver your order in a timely fashion, the Company shall not be liable for late delivery of any order. Any dates quoted for delivery of an order are approximate only. If the Company fails to deliver any order for any reason, the Company's liability shall be limited to the purchase price of the Product(s).
ACCEPTANCE OF ORDER: No order submitted by a customer shall be deemed accepted by the Company unless and until confirmed in writing by the Company or upon the Company deducting payment for the order from the customer's credit card. The customer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Customer. The Company reserves the right to make any changes in the specification of the Products, which are required to conform with or to any applicable statutory or regulatory requirements [or, where a particular product is unavailable, to substitute another product that is substantially similar in nature and price].
PAYMENT: Upon submission of your order and the provision of your credit card information, you represent and warrant that the information contained within the order is true and accurate and that you are either the holder of said credit card or the duly authorized user. You further authorize the Company to deduct payment from the credit card account for payment in full for the price of the Product(s) and all other payments which may become due to the Company under your order, including but not limited to, delivery charges. All refunds, including refunds based upon Product(s) returned to the Company, shall be made in accordance with this Agreement, and shall be made by Company check or, if your payment was made with a credit card, the Company shall credit your credit card with the appropriate amount.
CUSTOMS INFORMATION: When ordering Products for delivery outside of the United States, you may be subject to different rules, regulations, restrictions, import duties, and/or taxes, which may be levied upon your order once it reaches your country. Any such additional charges for customs clearance shall be borne by you. All items shipped outside the United States are shipped at the sole risk of the customer. When ordering from outside the Unites States, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Product(s). In the event that any purchase is illegal in the state, territory, or country in which an order is to be shipped, any contract of sale will be void ab initio. Due to customs regulations, state or local government restrictions, and/or other rules and regulations of foreign countries, some or all products contained on this website may not be available in your area or outside the United States.
LINKS TO OTHER WEBSITES: Any links to third party websites and the information they contain are not the responsibility of the Company. We make no endorsements for any third party links and do not warrant the accuracy of any information contained therein. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
PRIVACY: The Company does not collect any personal information about you except when you expressly provide it. The Company will not provide or transfer any identifying information about you to any other party unless otherwise stated at the time of collection. The Company may use aggregate data that does not contain personally identifying information for marketing and other similar purposes.