Welcome to the website of Holistic Wellness Alternatives, Inc. (collectively “HWA” “website” “site” “we” “our” or “us”). HWA is a nutritional company that provides Users access to dietary and lifestyle products, supplements and herbs that are offered, manufactured and produced by third-party companies. HWA also offers Users access to to third party companies that may offer lifestyle recommendations which may include supplements, herbs, vitamins, and exercise and lifestyle choices or that perform evaluations on your behalf (collectively the “Services”).
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with HWA. If you are not 18 years old or older, you must not access or use the Website or Services.
Be advised that HWA, including its employees are not offering or providing any financial, medical or legal advice on its website or through its Services nor acting as your healthcare professional. Be advised that HWA Is Not a Licensed Healthcare Professional. The website and Services offered to Users are not and never should be a substitute for the advice of a licensed healthcare professional. HWA is not licensed to and will not provide any type of advice, opinion, explanation or recommendation about:
(i) any type of medical treatment, diagnosis, prognosis or life expectancy;
(ii) any legal rights, opinions, defenses or strategies; or
(iii) any type of advice or opinion typically offered by a licensed financial professional or advisor.
CERTAIN USE LIMITATIONS
The website is offered to you free of charge to view, while other Services, including using any of our Subscription Services are fee based and you are required to execute Our Subscription Agreement or End User License Agreement as a condition to being granted access to Our Services.
You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Except for the limited permission in the preceding paragraphs, HWA does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.
You represent, warrant, and agree that any information or materials you submit to or post on the Website
(a) Shall be true, accurate, and current;
(b) Will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right;
(c) Will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene;
(d) Will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another’s use of the Website;
(e) Will not promote illegal or harmful activities; and
(f) Will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed.
You agree not to (and not to assist any third party to):
(a) Engage in commercial use of the Website or any content on the Website;
(b) Reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Website for other than your own personal, non-commercial use;
(c) Remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any content or other material obtained via the Website or any services on the Website;
(d) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website, such as for purposes of constructing or populating a searchable database of business or property reviews;
(e) Collect or harvest any information about other users for any purpose;
(f) Reformat or frame any portion of the web pages that are part of the Website;
(g) Create user accounts by automated means or under false, misleading or fraudulent pretenses;
(h) Create or transmit unwanted electronic communications such as “spam” to other users or otherwise interfere with other users’ enjoyment of the Website;
(i) Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(j) Use the Website to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including any material that may be deemed threatening or obscene;
(k) Copy or modify the HTML code used to generate web pages on the Website;
(l) Use any device, software or procedure that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
(m) Take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure;
(n) Modify, adapt, translate, or reverse engineer any portion of the Website;
(o) Use the Website to violate any law or regulation, including but not limited to Fair Housing laws and regulations, or
3. You must pay with one of the following:
USE WITH YOUR MOBILE DEVICE
Use of the Website and Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.
LINKS TO THIRD PARTY SITES
Linking to this site
HWA consents only to links to this website in which the link and the pages that are activated by the link do not:
(a) Create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
(b) Misrepresent your relationship with HWA;
(c) Imply that HWA approves or endorses you, your Website, or your service or product offerings; and
(d) Present false or misleading impressions about HWA or otherwise damage the goodwill associated with HWA’s name or trademarks. As a further condition to being permitted to link to this site, you agree that HWA may at any time, in its sole discretion, terminate permission to link to this Website. In such an event, you agree to immediately remove all links to this Website and to cease any related use of HWA’s trademarks.
The Content of Others
Content (“content”) on our website may be produced by other users and other third parties (“third party content”) and may contain content or materials (“materials”) from publishers or other Users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although HWA reserves the right to review all content that appears on the website or Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the website or Services.
You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. HWA may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
HWA reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site and Services; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.
Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:
License to User Content and Feedback
As a user of the site or Services, you represent, warrant and acknowledge that:
(i) You own the User Content that you submit, display, post or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section,
(ii) That all such User Content, and its submission, display, posting or availability on or through the Site does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and
(iii) Such submission, posting, display or availability on or through the Site does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless HWA and its affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to request to revoke the license granted by you in this Section for any such User Content, you must email Us at: firstname.lastname@example.org with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request to remove such User Content must include
(a) Your name, address, telephone number, and email address;
(b) The signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder;
(c) Identification of the User Content for which the license is to be revoked, and please provide all necessary information reasonably sufficient to allow HWA to locate and remove such User Content on the Site;
(d)A written statement certifying that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and
(e) A statement that the information in the request to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the site.
HWA does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to HWA will be deemed NOT to be confidential. By sending HWA any information or material, you grant HWA an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that HWA is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
(a) we obtain your permission to use your name; or
(b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
(c) we are required to do so by law. Personally-identifiable information that you submit to HWA for the purpose of receiving products or services will be handled in accordance with our privacy policies.
You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree:
(a) that you will not disclose your Site password to anyone,
(b) that you will not allow others to utilize your account,
(c) to ensure that you fully exit from your account at the end of each session,
(d) to immediately change your password if you become aware that your account has been compromised,
(e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and
(f) that you will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not.
SOFTWARE AVAILABLE ON THIS WEBSITE
Intellectual property rights
AS PERMITTED BY APPLICABLE LAW, YOU HEREBY EXPRESSLY AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE HWA ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT:
(A) THE WEBSITE AND SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY;
(B) THE WEBSITE AND SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR
(C) THAT ANY HWA CONTENT, USER CONTENT, THIRD PARTY COMPANY CONTENT, OR ANY THIRD PARTY COMPANY EVALUATIONS, MATERIALS, PRODUCTS, SUPPLEMENTS, VITAMINS, HERBS OR ANY INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE OR SERVICES OR ANY THIRD PARTY COMPANY WEBSITES WILL BE TIMELY, OR ACCURATE. WE ALSO DO NOT PROVIDE A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM HWA PERFORMING ANY ENERGY BALANCING ON ANY USERS. WE ALSO DO NOT PROVIDE A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, SERVICES, OR THIRD PARTY COMPANY WEBSITES AND OFFERINGS RELATED TO ADVICE, INFORMATION, MATERIALS, CONTENT, RECOMMENDATIONS, THIRD PARTY EVALUATIONS, PRODUCTS, SUPPLEMENTS, VITAMINS, HERBS, GOODS OR SERVICES OR ENERGY BALANCING MODALITIES NOR DO WE PROVIDE A WARRANTY AS TO THE DESCRIPTIONS OF THIRD PARTY COMPANY OFFERINGS, ADVICE, RECOMMENDATIONS, PRODUCTS, SUPPLEMENTS, VITAMINS, HERBS, GOODS OR SERVICES OR ENERGY BALANCING MODALITIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT HWA, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH OR FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, HWA’S SERVICES OR YOUR USE OF ANY THIRD PARTY COMPANY WEBSITES AND SERVICES AND PRODUCTS OFFERED BY THEM ON THE HWA WEBSITE WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF HWA OR ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR SERVICES, OR FROM RELIANCE OR DAMAGE CAUSED BY:
(I) ANY INFORMATION, MATERIALS, OR CONTENT CREATED OR GENERATED BY HWA ON THE WEBSITE;
(II) ANY USER CONTENT OR THIRD PARTY COMPANY CONTENT POSTED ON THE HWA WEBSITE OR POSTED ON ANY THIRD PARTY COMPANY WEBSITES OFFERED THROUGH THE HWA WEBSITE;
(III) ANY ENERGY BALANCING PERFORMED ON YOU BY HWA OR ANY THIRD PARTY COMPANIES OR ANY CONSULTANTS OR INDEPENDENT CONTRACTORS OR HEALTH COACHES;
(IV) ANY CONTENT, MATERIALS, PRODUCTS AND SERVICES THAT ARE OFFERED, RECOMMENDED, GENERATED, CREATED, PRODUCED OR MANUFACTURED BY ANY USERS OR THIRD PARTY COMPANIES INCLUDING BUT NOT LIMITED TO SUPPLEMENTS, VITAMINS OR HERBS AND ANY HEALTH RELATED PRODUCTS AND RECOMMENDATIONS AND ENERGY BALANCING MODALITIES INCLUDING LIFESTYLE AND EXERCISE CHOICES AND NUTRITIONAL ADVICE; AND
(V) FROM THE INABILITY TO USE THE WEBSITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH ANY THIRD PARTY COMPANY OR LINKED SITES MADE AVAILABLE ON THE WEBSITE OR SERVICES FROM THIRD PARTY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ALSO AGREE THAT HWA HAS NO LIABILITY AND OFFERS NO GUARANTEES RELATING TO ANY OF THE RESULTS THAT MAY BE OBTAINED BY YOUR USE OF THE SERVICES OR FROM ANY THIRD PARTY COMPANY RECOMMENDATIONS OR PRODUCTS, OR FOR THE DESCRIPTIONS OF THIRD PARTY COMPANY OFFERINGS, PRODUCTS, GOODS OR SERVICES, ADVICE OR RECOMMENDATIONS. YOU ALSO AGREE THAT YOUR USE OF ANY PRODUCTS AND SERVICES OFFERED BY ANY INDEPENDENT CONTRACTORS, CONSULTANTS, HEALTH COACHES, THIRD PARTY COMPANIES ON OUR WEBSITE OR SERVICES ARE USED AT YOUR SOLE RISK AND HWA HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF SUCH PRODUCTS AND SERVICES. YOU ALSO AGREE THAT ANY RECOMMENDATIONS THAT YOU RECEIVE ON THE WEBSITE OR SERVICES MADE BY ANY THIRD PARTY COMPANIES THAT YOU ACT UPON ARE DONE AT YOUR SOLE RISK AND HWA HAS NO LIABILITY WHATSOEVER WITH REGARD TO ANY THIRD PARTY COMPANY RECOMMENDATIONS, PRODUCTS OR SERVICES.
To the fullest extent permitted by law, you agree to indemnify and hold HWA and its owners, members, managers, officers, employees, and affiliates harmless from and against all claims, demands, suits, damages, losses, liabilities, and expenses, including reasonable attorney’s fees, arising out of or relating to
(b) your negligence, misconduct, or other wrongful act or omission;
(c) your data;
(d) your use or misuse of this Website or any of the Third Party Information, links, materials, products, or services available on or through this Website including any content you posted on the site;
(e) any action of any person with whom you shared your password, account, computer, or other device;
(f) any information or material you submitted to or posted on the Website; or
(g) any violation or infringement of any intellectual property, privacy, publicity, confidentiality, Fair Housing, or proprietary rights of any third-party, or any violation of any law or regulation, arising from your use of the Website.
CONSENT TO USE OF DATA.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF HWA’S WEBSITE OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN NEW YORK CITY, NEW YORK EXCEPT FOR:
(I) INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT; AND
(II) IN THE EVENT OF A PANDEMIC YOU AND HWA AGREE THAT THE ARBITRATION PROCEEDINGS SHALL BE DONE VIRTUALLY.
THE ARBITRATOR SHALL APPLY NEW YORK LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
email@example.com. HWA has designated the following email address to receive notifications of claimed copyright infringement involving this Website at firstname.lastname@example.org. Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Website, a statement that you are the copyright owner or its agent, and your address, telephone number, and email address.
RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS:
YOU AGREE TO THE FOLLOWING:
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT ANY FURTHER AUTHORIZATION NEEDED FROM YOU, UNTIL SUCH TIME THAT YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR DESIRE TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT ON YOUR NOTICE. IF YOU WISH TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS ON THE APP ITSELF AND SELECT “CANCEL SUBSCRIPTION” TO CANCEL RECURRING PAYMENTS FROM THE REQUESTED DATE OR “UPDATE PAYMENT METHOD” TO CHANGE YOUR CREDIT CARD ON FILE. PLEASE NOTE: IF THE ACCOUNT IS CANCELED DURING THE BILLING CYCLE, YOU WILL STILL BE CHARGED FOR THE DURATION OF THE BILLING PERIOD.