The following
are the terms of the agreement between Hudson Valley
Internet Partners LLC DBA HealthyProductsontheWeb.com,
(“Company”) and the buyer (“Buyer”) of goods or services
through the Healthy Products on the Web 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.
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. Hudson Valley Internet
Partners, 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 York and shall be governed by and
construed in accordance with the laws of the United States
of America and of the State of New York (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.
