Please read these Terms of Service carefully before accessing or using Healthy HooHoo®’s website (Site). If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT USE OUR SITE.
Healthy HooHoo® may modify these Terms or other policies set forth on the Site from time to time. When we modify these Terms, we will update the “Last Updated” line above. It is your responsibility to regularly review these Terms. Your use of the Site following the posting of updated Terms constitutes your acceptance of such updated Terms.
SECTION 1- Provision of Services
You agree and acknowledge that Healthy HooHoo® is entitled to modify, improve or discontinue any of its products at its discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Healthy HooHoo® is entitled to provide products to you through subsidiaries or affiliated entities.
SECTION 2 - PRICING
The price of products shall be Healthy HooHoo®’s currently applicable price at the date and time of acceptance of an order. Prices do not include shipping or handling costs, transport insurance, duty or taxes, levies or charges on any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Healthy HooHoo products and any other charges described in the previous sentence (if applicable), as specified on the invoice issued by Healthy HooHoo® or its affiliates.
SECTION 3 – TERMS OF PAYMENT
Customer must tender payment (via an accepted credit card or other payment means accepted by Healthy HooHoo®) on or before the delivery of products unless otherwise agreed by Healthy HooHoo. Invoicing and payment collection by Healthy HooHoo® may be effected through third parties. Healthy HooHoo® will charge credit cards & debit cards on shipment, after Healthy HooHoo® has verified product availability and accepted the Customer’s order and payment method.
SECTION 4 – DELIVERY OF PRODUCTS
Healthy HooHoo® aims to deliver promptly. However, there may be reasons for Healthy HooHoo®’s inability to ship according to its targeted dates due to circumstances beyond Healthy HooHoo®’s control. Accordingly, any dates given by Healthy HooHoo® for delivery of products are estimates only. Healthy HooHoo® does not guarantee specific delivery dates. The customer may cancel the order at any stage prior to dispatch of your products by Healthy HooHoo®. If a product cannot be delivered by any estimated or targeted dates, Healthy HooHoo may elect to cancel the order and refund any money paid by the customer.
SECTION 5 – INTELLECTUAL PROPERTY
All information and content available on the Healthy HooHoo® website and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively the “Content”) is the property of Healthy HooHoo® and is protected by the United States and international laws including laws governing copyrights and trademarks. No Content or any portion of the Healthy HooHoo® website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
SECTION 6 – WARRANTY DISCLAIMER
his Site and the materials and products on this Site are provided “as is”. Except as otherwise provided on each product page, Healthy HooHoo® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Healthy HooHoo® does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Healthy HooHoo® does not make any warranties or representations regarding the use of the materials in this Site regarding their correctness, accuracy, adequacy, usefulness, timeliness, reliability or any other aspect. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. SEE SECTION 20 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.
SECTION 7 – UNAUTHORIZED RESALE
Healthy HooHoo® products are sometimes sold by dealers or resellers that are not authorized to do so. Healthy HooHoo® does not guarantee or warranty any of the products sold by unauthorized dealers or resellers. For example, some dealers and resellers that sell Healthy HooHoo® products through online marketplaces, are not affiliated with, or authorized to do so by, Healthy HooHoo®. If you question the claim that a dealer or reseller is authorized by Healthy HooHoo®, please contact Healthy HooHoo® to confirm whether that dealer or reseller is authorized to sell products on behalf of Healthy HooHoo®. We urge you to use caution when making a purchase from an unauthorized dealer or reseller.
You hereby acknowledge that an unlawful resale of product(s) from our Website may subject you to liability for trademark or copyright infringement, or other causes of action. Healthy HooHoo® reserves any and all remedies available to it for the unlawful resale of its products. SEE SECTION 20 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
SECTION 8 – LIMITATION LIABILITY
Healthy HooHoo® shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if Healthy HooHoo® has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. SEE SECTION 20 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
SECTION 9 - TYPOGRAPHICAL ERRORS
If a Healthy HooHoo® product is mistakenly listed at an incorrect price, Healthy HooHoo® reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Healthy HooHoo® reserves the right to refuse or cancel any such orders regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Healthy HooHoo® shall issue a credit to your credit card account in the amount of the incorrect price.
SECTION 10 - TERM AND TERMINATION
These Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Healthy HooHoo® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Waiver, Modifications, Assignment of Rights, Governing Law and Jurisdiction, Dispute Resolution, and Limited Time to File Claims, shall survive any termination.
SECTION 11- NOTICE
Healthy HooHoo® may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Healthy HooHoo®.
SECTION 12 - WAIVER, MODIFICATIONS, and ASSIGNMENT OF RIGHTS
The failure by Healthy HooHoo® to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Healthy HooHoo® may assign its rights and duties under this Agreement to any party at any time without notice to you.
SECTION 13 - USE OF WEBSITE
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Healthy HooHoo® or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Healthy HooHoo®, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. SEE SECTION 20 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.
SECTION 15 - THIRD PARTY LINKS
This Website may contain links to third-party websites. Even if the third-party is affiliated with Healthy HooHoo®, Healthy HooHoo® has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Healthy HooHoo®. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Healthy HooHoo® seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Site, but for Sites it links to as well (including if a specific link does not work). SEE SECTION 20 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.
SECTION 16 - GUARANTEE
We have a 100% satisfaction guarantee and honor returns and exchanges for orders placed on our website within a 60-day period. Just contact us and we will set you up. For purchases made through other retailers, you must contact them directly. SEE SECTION 20 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.
SECTION 17 - Healthy HooHoo® Coupon Terms & Conditions
- Coupons are valid for a limited time only. Healthy HooHoo® reserves the right to modify or cancel coupons at any time.
- If you do not purchase the qualifying items added to your Cart when the coupon is in effect, the discount will not apply.
- The coupon applies only to qualifying items displaying the coupon offer in your Coupon Book and on the item detail page.
- The coupon offer will not be valid until it is applied to the qualifying item.
- The coupon may only be used on healthyhoohoo.com and in conjunction with the purchase of products shipped and sold by Healthy HooHoo® and not on products sold by third–party sellers.
- The promotion is limited to one coupon per customer.
- Promotion may not be combinable with mail–in rebates.
- If you return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit.
- Applicable shipping and handling charges apply to all products.
- Offer good while supplies last.
- Void where prohibited.
- Healthy HooHoo® has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
- Consumer is required to pay any applicable sales tax related to the use of the coupon.
- Coupons are void if restricted or prohibited by law.
SEE SECTION 20 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.
SECTION 18 – DISPUTE/GOVERNING LAW and RESOLUTION
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Oregon.
With respect to any dispute, claim, or controversy regarding the Healthy HooHoo® website, all rights and obligations and all actions contemplated by these Terms of Service shall be governed by the laws of Oregon, as if the Terms of Service were contract wholly entered into and wholly performed within Oregon. ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THE WEBSITE, THESE SITE TERMS OF SERVICE, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATED TO THE INTELLECTUAL PROPERTY RIGHTS OF HEALTHY HOOHOO® OR OUR AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN OREGON AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHT TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED TO ARBITRATION.
It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitrable shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between Healthy HooHoo® and you individually, and (I) no arbitration or proceeding shall be joined with any other; (II) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (III) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST HEALTHY HOOHOO® ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You agree that you will assert any Claim arising out of your use of the Healthy HooHoo® website or the purchase of any Healthy HooHoo® product from this Site within one (1) year after the Claim arises, or such Claim will be barred. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 20.
SECTION 19 – CONSENT TO RECEIVE NOTICES ELECTRONICALLY
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of Service refer from Healthy HooHoo® electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Service shall automatically terminate. Unfortunately, we cannot provide benefits of this Site to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.
SECTION 20 – Exclusions and Limitations; Consumer Protection Notice
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 6,7,8,14,15,16,17 and 19. do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, go reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 18(B) (“Formal Resolution by Arbitration/Class Action Waiver”)