Healthy Body Connection Site Policy, Privacy Notice and Terms of use (healthybodyconnection.com)
Site Policy, Terms of Use
Welcome
Welcome to Healthy Body Connection’s website and online services (“Healthy Body Connection Site” or the “Site”), an online information and communications service provided by Healthy Body Connection (“Healthy Body Connection” or “We” or “Us”). This policy is intended to cover the uses for all of the Site, its subsidiaries and affiliates, although additional conditions, restrictions and privacy policies may apply. Please carefully read these terms and conditions, before placing an order, or using this website. This website is owned and operated by Healthy Body Connection. The terms and conditions may affect your legal rights, including your right to bring a lawsuit or class action. By using this website or any web site of Healthy Body Connection and/or placing an order for products sold by Healthy Body Connection or services, you agree to be bound and abide by these terms and conditions and any amendments thereto, and agree that you are at least 13 years of age and eligible to use this site and place an order for products sold through Healthy Body Connections or services. If you do not agree to terms and conditions, please do not use the site or order or use Healthy Body Connection’s products or services.
Healthcare Disclaimer
The content, products, and services offered herein are here for informational purposes only and do not provide medical advice on topics related to health, food, fitness, and nutrition that may affect you in your daily life, but are designed for informational purposes only. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional healthcare advice, diagnosis or treatment. You should always talk to your healthcare provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate, or effective for you. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Not all exercises are suitable for everyone. If you are concerned about whether the exercises found in this website, or any other diet or exercise programs, are right for you, do not do them unless and until you have consulted with your physician. This is particularly important if you are overweight, pregnant, nursing, have any existing medical or health conditions, or are taking any medications. You are responsible for exercising within your limits and for seeking out medical advice and attention as appropriate. Healthy Body Connection, its parent, subsidiaries and its affiliates are not responsible for any injuries that result from participating in the exercises represented or shown within the contents of this website. As with any exercise program, if at any point during your workout you begin to feel dizzy or faint, or have any physical discomfort, you should stop immediately and seek medical attention. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
Terms of Use
Use of the Site is subject to the following terms of use. Healthy Body Connection may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Healthy Body Connection Site. You agree to review the agreement periodically to be aware of such modifications, and by you accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, Healthy Body Connection may offer website visitors the opportunity to participate in additional features or services through Healthy Body Connection Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.
International Users
The sites are controlled, operated, and administered by Healthy Body Connection from its offices within the United States of America. Healthy Body Connection makes no representation that materials on the Sites are appropriate or available for use at other locations outside the United States, and access to them from territories where the content or products available through the sites are illegal is prohibited. You may not use the site, or export the content or products in violation of U.S. export laws and regulations. If you access the sites, from a location outside of the United States, you are solely responsible for compliance with any and all local laws and jurisdictions.
Intended for Users 13 and Older
The Site is intended for use by individuals 13 years of age or older. This website is not directed for use by children under the age of 13. Users under the age of 18 should get the approval/assistance of a parent or guardian to use this site.
You agree that you will not:
• Upload or transmit any communications or content of any type that may infringe or violate any rights of any party
• Use this website for any purpose in violation of local, state, national or international laws
• Use this site as a means to distribute advertising or other unsolicited material to any third party
• Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
• Attempt to disable, “hack”, or otherwise interfere with the proper functioning of this website
If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Order Limitations
We reserve the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
Healthy Body Connection does not sell directly, certain Healthy Body Connection products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Healthy Body Connection, its subsidiaries, and or affiliates in the U.S. may choose to accept orders for the purchase of its products from non-residents of the U.S., the acceptance of such orders and sale of such products will only be based on the following conditions precedent: you agree that the purchase of any Healthy Body Connection products by you, as a non-resident of the U.S., shall be (a) ex works Healthy Body Connection, its subsidiaries, and or affiliates in the U.S. per Incoterms 2010, with all the title risk and loss in the product passing to you in the U.S. and (b) for your own personal use and not for further resale or distribution in any manner; you agree not to order more than a 90 day supply of any consumable products within any ninety (90) day period; you hereby expressly authorize and direct Healthy Body Connection, its subsidiaries, and/or affiliates in the U.S. to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose; you are the principal importer of record and will undertake responsibility for all taxes, shipping, customs, clearance, duties and import requirements from Healthy Body Connection, its subsidiaries, and or affiliates in the U.S. to your foreign ship to destination; and the United Nations Convention on the International Sale of Goods shall not apply to any purchases or sale, and Healthy Body Connection expressly opts out of such application.
Termination of Use
Healthy Body Connection may, in its sole discretion, terminate your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Healthy Body Connection reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Blog and Interactive Media
If you use blogging features or otherwise post information to a Site, you give Healthy Body Connection the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.
If you use blogging features or otherwise post information to the Sites, you agree you will not:
• Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
• Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Healthy Body Connection in its sole discretion
• Post advertisements of solicitations for business
• Post chain letters or pyramid schemes
• Impersonate another person including but not limited to a spouse, child or sibling
• Allow another person to use your credentials for posting or viewing comments
• Post the same note more than once or “spam”
Healthy Body Connection reserves the right (but is not obligated) to do any or all of the following:
• Remove communications that fail to conform with these terms of use
• Terminate a user’s access to the entire Site or specific features such as the blog
• Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.
E-Commerce
One-time charges.
A valid credit card number, expiration date and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. Healthy Body Connection’s designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed directly to the sites in which your purchases were finalized.
Responsibility for charges and fees. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.
Indemnification
You agree that you will indemnify Healthy Body Connection, it’s staff, subsidiaries, and/or affiliates against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.
Intellectual Property
The marks “Healthy Body Connection,” and the Healthy Body Connection logo are trademarks and/or service marks of Healthy Body Connection. The content and design of Healthy Body Connection Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Healthy Body Connection or an affiliated Healthy Body Connection entity. You understand and agree that title to these materials shall not pass to you or any other user.
Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Healthy Body Connection infringe your copyright, you or your agent may send to Healthy Body Connection a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Healthy Body Connection actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Healthy Body Connection a counter-claim. All notices and counter-claims must meet the then current statutory requirements imposed by the DMCA.
Disclaimer
THE VIEWS EXPRESSED ON THIS SITE ARE THE OPINIONS OF MYSELF AND THE HEALTHY BODY CONNECTION STAFF, ITS SUBSIDIARIES AND AFFILIATES. MY WORDS OR ANY CONTRIBUTIONS FROM MY STAFF, HEALTHY BODY CONNECTION, ITS SUBSIDIARIES AND AFFILIATES SHOULD NOT BE TAKEN AS A SUBSTITUTE FOR QUALIFIED MEDICAL EXPERTISE. YOU UNDERSTAND AND AGREE THAT HEALTHY BODY CONNECTION SITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY HEALTHY BODY CONNECTION SITE ITS SUBSIDIARIES AND AFFILIATES IS PROVIDED ON AN “AS IS” BASIS. HEALTHY BODY CONNECTION ITS SUBSIDIARIES AND AFFILIATES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NO INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, HEALTHY BODY CONNECTION DOES NOT GUARANTEE THAT USE OF HEALTHY BODY CONNECTION SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR PURPOSE.
Errors and omissions on Healthy Body Connection Site/s
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Healthy Body Connection reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
Return policy
By using the sites and services provided by Healthy Body Connection, its subsidiaries, and affiliates, you agree to assume all responsibilities, costs and liability incurred with purchase and possible return and/or refunds of any and all goods purchased by you or on your behalf through the site, its subsidiaries and or affiliates. You further agree that you will be solely responsible to follow all return policies of the companies shipping the purchases made by you or on your behalf. By using the site to make purchases you agree to the terms of the site’s return and/or Refund policies. If you do not agree to terms and conditions, please do not use the site, order through or use Healthy Body Connection its subsidiaries or affiliates to purchase products or services via the sites.
Limitation and Liabilities
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL HEALTHY BODY CONNECTION, ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOU’RE SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. YOU HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to third party links and web sites
The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the Healthy Body Connection trademarks (“Third Party Site,” “Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
Healthy Body Connection does not warrant or make any representation about the substance, quality, functionality, and/or accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Healthy Body Connection Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. Healthy Body Connection makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.
Jurisdiction
You agree that any dispute or claim (including personal injury claims) related to your use of the Healthy Body Connection Site is subject to the exclusive jurisdiction of the appropriate court in the state in which the site, its subsidiary, and or affiliate is located and will be adjudicated pursuant to the laws of that county, state. This agreement also applies to anyone claiming on your behalf.
Web privacy Policy
We take your privacy seriously, and we want you to know how we collect, use, and share and protect your information. In addition to this privacy policy, users of the Healthy Body Connection site should consult the Healthy Body Connection site terms of use as well as any product specific terms and conditions that apply. This policy applies to Healthy Body Connection.com, and other web locations under Healthy Body Connection’s control.
What information we Collect
We respect the right to privacy of all visitors to the Healthy Body Connection site. We do not collect information that would personally identify you unless you choose to provide it. The personal information that you submit, is shared only with those people in the Healthy Body Connection organization who need this information to respond to your question or request. Information submitted through Healthy Body Connection online forms may be collected to ensure technical functionality. It will also be utilized to address any inappropriate use of our website. We do not save personal information to use for other purposes, nor do we provide it to any other organizations.
Email communication and related services
Healthy Body Connection provides you with the opportunity to receive communications from us or third parties. You can sign up for a free email newsletter. You can unsubscribe from this newsletter at any time. Email communications that you send to us via the email links on our site may be shared with a customer service representative, employee, or agent that is most able to address your inquiry. We make every effort to respond in a timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry. The email functionality on our site does not provide a completely secure and confidential means of communication. It’s possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our email. You may decide at some point that you no longer wish to receive communications from our site. Mail to the following postal address: Healthy Body Connection P.O. Box 313 Lincoln Park, NJ 07035 Attn: Security and Privacy Officer
Surveys
We occasionally survey visitors to our site. The information from these surveys is used in aggregated, de-identified form to help us understand the needs of our visitors so that we can improve our site. The information may be shared with third parties with whom we have a business relationship. We generally do not ask for information in surveys that would personally identify you; if we do request contact information for follow-up, you may decline to provide it. If survey respondents provide personal information (such as an email address) in a survey, it is shared only with those people who need to see it to respond to the question or request, or with third parties who perform data management services for our site. Those third parties have agreed to keep all data from surveys confidential.
IP Addresses
The Web server automatically collects the Internet Protocol (IP) address of the computers that access our site. An IP address is a number that is assigned to your computer when you access the Internet. It is not truly personally identifiable information because many different individuals can access the Internet via the same computer. We use this information in aggregate form to understand how our site or advertisements from Healthy Body Connection are being used and how we can better serve visitors.
Cookies and other tracking technologies
We collect information about visitors to our site using “cookies” (see definition on Webopedia) and similar technology such as web beacons, web bugs, pixel tags, and so on. We use this technology to recognize a repeat visitor and offer the visitor a set of services or information requested in a previous visit. We use session cookies to track a visitor’s path through our site during a visit, to help us understand how people use our site.
How we use the information we collect
We use the information we collect for things like:
• Fulfilling orders and requests for products, services or information
• Processing returns and exchanges
• Tracking and confirming online orders
• Delivering or installing products
• Marketing and advertising products and services
• Conducting research and analysis
• Communicating things like special events and surveys
• Establishing and managing your accounts with us
• Identifying you on our websites and tailoring advertisements and offers to you (both on our websites and on other websites) based on your interactions with us in our store and online
• Operating, evaluating, and improving our business
Data retention
We will retain your information for as long as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
Except for authorized law enforcement investigations or other valid legal processes, we will not share any personally identifiable information we receive from you with any parties outside of Healthy Body Connection staff.
We may share some information
We may share your personally identifiable information with third parties who we have engaged to help us provide the services. In each case, we will ensure that these third parties have agreed not to use or disclose your personal information except to help us provide the services.
Except as noted above for newsletters and surveys, Healthy Body Connection does not provide any third party access to your IP address and/or email address.
We may provide third parties with aggregate statistics about our visitors, traffic patterns and related site information. These data reflect site-usage patterns gathered during visits to our website each month, but they do not contain behavioral or identifying information about any individual unless that member has given us permission to share that information. To help us determine the effectiveness of Healthy Body Connection advertising, we work with web analytics tools hosted by third parties who receive non-identifiable information from your browser, including but not limited to the site or the advertisement you came from, your IP address, your general geographic location, your browser and platform information, and the pages you view within our site.
Use of cookies by advertisers
Our sponsors and advertisers and their ad servers may use cookies when you view pages on our site. They use those cookies to collect non-personal information as a way of measuring the effectiveness of their advertising, or to provide advertisements about goods and services that may be of interest to you or to avoid running the same ads to you over time. We do not control these third parties’ use of cookies or how they manage the non-personal information they gather through them. However, our sponsors and advertisers have agreed that they will not collect any personally identifiable information from our site visitors while they are on HealthBodyConnection.com. If you click on an advertisement on HealthyBodyConnection.com and visit a site maintained by one of our sponsors or advertisers, please be aware that we are not responsible for the privacy practices of that site. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you. Some of our advertisers may participate in the Facebook/Nielsen program, which helps advertisers improve their measurement of advertising effectiveness. If you are a Facebook user and access a page on our site containing an ad from a participating advertiser, Facebook receives a random numeric code identifying the ad that was served to you. The ad is only identified to Facebook by the numeric code. Facebook does not receive information that identifies the product or the advertiser. Facebook, in turn, discloses only aggregate, de-identified information to Nielsen and the advertiser, not any personally identifiable information from your Facebook profile.
Privacy policy updates
We may need to update our privacy policy as technology changes and Healthy Body Connection evolves. If we make significant changes to the privacy policy, we’ll post a prominent message on our website/s. It is possible that Healthy Body Connection and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this information privacy policy, we cannot guarantee that our policy will remain in effect.
If you’ve contacted the website about a privacy-related concern and you do not believe your problem has been addressed, you may file a complaint with the Healthy Body Connection chief security officer at Healthy Body Connection P.O. Box 313 Lincoln Park, NJ 07035 Attn: Security and Privacy Officer
Protecting your privacy
Healthy Body Connection site uses reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. We use a variety of information security measures to protect your online transactions with us. The Healthy Body Connection site uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL protects information you submit via our website, such as ordering information including your name, address, and credit card number. That being said, Healthy Body Connection cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. We have taken reasonable steps to ensure the integrity and confidentiality of personally identifiable information that you may provide. You should understand, however, that electronic transmissions via the internet are not necessarily secure from interception, and so we cannot absolutely guarantee the security or confidentiality of such transmissions.
To further protect your privacy, you may choose to:
• Stop receiving marketing or promotional emails, direct mail, phone and mobile marketing communications from Healthy Body Connection
• Update and correct your personal information
• Cancel or request that we no longer use your information to provide you services
If you reached this site via an ad from Healthy Body Connection
If you come to a Healthy Body Connection website via a Healthy Body Connection advertisement, the ad may have been served to you based on your interests or selected for you based on your browsing activities. If you want to opt out of being served Healthy Body Connection advertisements based on your browsing activity, you may opt out of cookies for multiple ad servers by visiting http://info.evidon.com/more_info/1936 and http://www.goodwaygroup.com/privacy.
Protecting children’s privacy
We are committed to protecting children’s privacy on the Internet, and we do not knowingly collect personal information from children.
Links to other web sites
Our website/s link to other websites, many of which have their own privacy policies. Be sure to review the privacy policy on the site you’re visiting.
3/27/2015