Privacy Policy
Please review our Privacy Policy, which also governs your use of our Site, to understand our practices. Electronic Communications
When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accounts
In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Site), you must register for an account with Staying Healthy Vitamins & Wellness (“Staying Healthy Vitamins & Wellness Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.
You are responsible for maintaining the confidentiality of your Staying Health Vitamins & Wellness Account login information. You are fully responsible for all activities that are associated with your Staying Healthy Vitamins & Wellness Account (including but not limited to any purchases, use of the Site, or correspondence from your account to Staying Healthy Vitamins & Wellness). You agree to immediately notify Staying Healthy Vitamins & Wellness of any unauthorized use or suspected unauthorized use of your Staying Healthy Vitamins & Wellness Account or any other breach of security. When you provide Staying Healthy Vitamins & Wellness with such notice, Staying Healthy Vitamins & Wellness will suspend or otherwise secure your Account to prevent future unauthorized activity.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Staying Healthy Vitamins & Wellness reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Staying Healthy Vitamins & Wellness reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Staying Healthy Vitamins & Wellness reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Staying Healthy Vitamins & Wellness’ sole discretion.
Risk of Loss
All items purchased from Staying Healthy Vitamins & Wellness are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Personal Information We Collect From You Directly We collect personal information about you in several situations, including when you provide it to us voluntarily. For example, we collect information when you contact us with questions, or answer questions about your product interests. You do not have to provide your personal information, but if you decide not to do so, you may limit the feature services that you are able to access from the site. The personal information we may collect includes: contact information, such as your name, mailing address, email address, and telephone number; account registration information, such as your user name, password, and profile information, information about your intended use of, or questions about, our products, certain other information you provide to us in your communications or in connection with other products or services.
Information We Collect by Automated Means
We also collect certain information by automated means when you visit our Site, including your internet protocol (“IP”) and information about your web browser software and version; if you arrive at the Site through a link from a third-party website, the uniform resource locater (“URL”) of the page; and your activity on the Sites, such as which pages you choose to view, queries you make using our “search” function, and other information about your account. Like many companies, we use “cookies,” “web beacons,” and similar technologies on our Site. These technologies allow us track your use of our Site; recognize you when you return to the Site, or save your preferences. We also may include web beacons in e-mail messages or newsletter to determine whether messages have been opened and identify the IP address of the computer on which they are opened. The information we obtain in this manner helps us customize the services we offer and measure the effectiveness of our online content and the products and services we offer through the Site.
You may also be able to disable cookies by changing a setting in your web browser. Please note, however, that without cookies you may not be able to take full advantage of the Site’s features and that your decision to decline cookies from our Site may impact your ability to use other websites as well. We may combine automatically-collected information and the information we collect in our cookies (as described below) with other information we collect about you.
How We Use the Information We Collect About You
We use the personal information we collect about you in the ways described below. Contact US. We will use personal information about you to respond to your questions and comments when you communicate with us through the Site’s “Contact Us” links, or through other areas of our Newsletters and Promotions. With your permission, we may use personal information about you to send you newsletters, exclusive offers and promotions, and product information. Surveys, Sweepstakes, and Message Boards. We may use personal information about you to participate in features such as surveys, polls, sweepstakes, and message boards.
Information We Share
The Company’s various affiliates may share the personal information among themselves. Apart from this sharing, we do not sell or otherwise direct personal information we collect about visitors to our site, except as directed below. Service Providers. We may share your personal information with service providers retained to perform services on our behalf, such as providing web hosting or database management services, performing analyses, or sending communications for use by authorize providers to use to disclose the information, except as necessary to perform services on our behalf. Legal Process. We may disclose your personal information to respond to subpoenas, court orders, legal process, and other lawful requests for cooperation from government authorities, and to comply with our other legal obligations. Protect our website users. We may disclose your personal information if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual ill activity, or violation of our Terms of Use or other agreements Third Parties Our Site may provide links to sites operated by third parties for your convenience and information. These websites operate independently from us.
How We Protect Personal Information
We maintain commercially reasonable administrative, technical and physical safeguards to protect against loss, misuse or any unauthorized access, disclosure, alteration or destruction of the information you provide on our Site. Unfortunately, no data transmission over the internet or stored on a server can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we can not guarantee or warrant the security of any information you disclose or transmit to us online and can not be responsible for the theft, destruction, or inadvertent disclosure of your personal information.
Product Descriptions
Staying Healthy Vitamins & Wellness attempts to be as accurate as possible. However, Staying Healthy Vitamins & Wellness does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If a product offered by Staying Healthy Vitamins & Wellness is not as described, your sole remedy is to return the product.
Pricing
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers (and with respect to Vitamins and Supplements, products). Staying Healthy Vitamins & Wellness cannot confirm the price of an item until you submit an order. If you use Autoship, the price of an item will set at the time the order is processed. See Autoship Terms and Conditions for more information. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. We do business throughout the United States and collect and remit sales tax as required by law.
Permissible Uses of Site
Subject to the terms of this Agreement, Staying Healthy Vitamins & Wellness grants you a limited, non-transferable, non-exclusive, agreement to access and make personal use of the Site. This agreement does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Staying Healthy Vitamins & Wellness may terminate this agreement at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products or its content without the express written consent of Staying Healthy Vitamins & Wellness; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Staying Healthy Vitamins & Wellness’ express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Staying Healthy Vitamins & wellness’ express written consent.
Staying Healthy Vitamins & Wellness reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Staying Healthy Vitamins & Wellness will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
Intellectual Property Rights
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED. Staying Healthy Vitamins & Wellness uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.
No Professional Advice or Medical Information
This Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions on the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products on the Site, neither our employees nor third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare profession.
Please consult your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you see on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medication or supplements. The statements on this Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
Staying Healthy Vitamins & Wellness offers information, articles and advice to individuals through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat or cure and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet contact your regulator veterinarian or local animal hospital.
User Content
“User Content” of the Site user means any and all information and content that such user submits to Staying Healthy Vitamins & Wellness by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content
does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Staying Healthy Vitamins & Wellness. Because you alone are responsible for your User Content (and not Staying Healthy Vitamins & Wellness),you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Staying Healthy Vitamins & Wellness is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Staying Healthy Vitamins & Wellness may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to Staying Healthy Vitamins & Wellness an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Staying Healthy Vitamins & Wellness social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Staying Healthy Vitamins & Wellness will treat any feedback, communications, or suggestions you provide to Staying Healthy Vitamins & Wellness as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Staying Healthy Vitamins & Wellness to the contrary, you agree that you will not submit to Staying Healthy Vitamins & Wellness any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Staying Healthy Vitamins & Wellness Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Staying Healthy Vitamins & Wellness Account username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of Staying Healthy Vitamins & Wellness and Staying Healthy Vitamins & Wellness is not responsible for any Third Party Sites. Staying Healthy Vitamins & Wellness provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Staying Healthy Vitamins & Wellness will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
Disclaimer of Warranties
Staying Healthy Vitamins & Wellness intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER Staying Healthy Vitamins & Wellness NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, Staying Healthy Vitamins & Wellness EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT SHALL STAYING HEALTHY VITAMINS & WELLNESS , OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH STAYING HEALTHY VITAMINS & WELLNESS, YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH STAYING HEALTHY VITAMINS & WELLNESS OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID STAYING HEALTHY VITAMINS 7 WELLNESS IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Indemnity
You agree to indemnify and hold Staying Healthy Vitamins & Wellness, our officers, employees, agents, affiliates, subsidiaries, joint ventures, contractors, licensors, service providers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fee and court cost, arising from or in connection to the use of the Site or our products or services or any violation or alleged violation by you of these term or applicable law. and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Staying Healthy Vitamins & Wellness reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Staying Healthy Vitamins & Wellness. Staying Healthy Vitamins & Wellness will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Staying Healthy Vitamins & Wellness Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Staying Healthy Vitamins & Wellness Account and right to access and use the Site will terminate immediately. You understand that any termination of your Staying Healthy Vitamins & Wellness Account may involve deletion of any User Content you may have posted. Staying Healthy Vitamins & Wellness will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Staying Healthy Vitamins & Wellness Account or deletion of your User Content.
The provisions herein related to our intellectual property rights, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.
Respect for Copyright Law
Staying Healthy Vitamins & Wellness respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Staying Healthy Vitamins & Wellness’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights.