These Terms and Conditions of Use (the "Terms of Use") apply to the HerHealth web site located at www.herhealthh.com (hereafter “Site”), and all associated sites linked to www.herhealthh.com by HerHealth and its affiliates. The Site is the property of HerHealth Llc. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
HerHealth reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, HerHealth grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
This is a binding agreement. These terms and conditions of use and sale (“Terms Of Use”) together with our Privacy Policy and Return/Refund Policy form a legally binding agreement (“agreement”) between you (“you”) and HerHealth. This agreement governs your access to and use of the website and the products and services provided by HerHealth, any order you place through the website or other accepted method of purchase and, as applicable, your use or attempted use of the products or services offered on or available through the website. The material contained within the Site is directed towards residents of the United States of America. If you proceed to access this Site as a non-resident, you do so at your own risk, as all use is subject to and shall be construed and evaluated according to United States law.The Material is void outside the United States of America, and where prohibited by law or regulation.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. HerHealth reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of HerHealth, including any HerHealth account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or HerHealth's systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to HerHealth on or through the Site or any service offered on or through the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HerHealth or others.
HerHealth's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view HerHealth's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HERHEALTH OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) ANY OTHER MATTER RELATING TO THE SITE. THESE LIMITATIONS WILL APPLY EVEN IF HERHEALTH OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY HERHEALTH SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY HERHEALTH SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
You agree to indemnify and hold HerHealth, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HerHealth by any third party due to or arising out of or in connection with (1) your use of the Site (2) your breach of these terms, the documents they incorporate by reference, or the agreement; (3) your breach of any representations or warranties in this agreement; or (4) your violation of any law or the rights of a third-party.
Unless otherwise stated on the website at the time of purchase, we reserve the right to add applicable shipping and handling fees to your order.
Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping addresses and phone number information are required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change.
You further understand that product availability may be limited, and particular products may not be available for immediate delivery. If your order is delayed, we will contact you at the e-mail address or phone number you provided when placing your order.
We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or another delivery service not owned or controlled by us. the risk of loss and title for such items pass to you upon our delivery to any third party carrier.
We reserve the right to reject orders where the stated delivery address is within a geographic region that we do not service.
HerHealth reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your purchase of product(s) or services will take effect following e-mail notice to you. HerHealth takes reasonable steps in an effort to ensure that the prices set forth on the Site are correct and to accurately describe and display the items available on the Site. When ordering products, please note that HerHealth does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Site is not as described when you receive it, your sole remedy is provided in our Return/Refund Policy. All sales are deemed final except as provided in the Return/Refund Policy.
You understand that our products, services, and the statements on the website have not been evaluated by the food & drug administration or medical professionals, and our products, services, and the information on the Site are not intended to diagnose, treat, cure, or prevent any health problems, illnesses, or diseases. The information on the Site or provided to you in e-mails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You further understand that our products and services are not intended for use by persons under 18 years of age and that the products are not to be used to treat any type of medical condition or health problem. The dietary needs of minor children and persons with medical conditions are different from those of healthy adults.
You agree that you either have consulted, or will consult, with a physician or doctor before using any of our products, particularly if you suffer from any medical condition including, but not limited to, heart disease, high blood pressure, obesity, blood circulation problems, breathing problems, or any other conditions or disorders.
You agree that you will cease immediately from using our products if you experience any ill effects or unintended side effects of any product.HerHealth does not warrant or represent that your results will match those of others who use our products or services. Your results will vary.
The product disclaimers described above are inapplicable where prohibited by law.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website.
You agree to promptly update your account and other information, including your e-mail address and other payment information, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse or limit any order you place with us.
We reserve the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to us, or for any other reason that we, in our sole discretion, believe appropriate.
HerHealth reserves the right to terminate your access to the Site or any of its services if it determines that you: (i) do not comply with these Terms of Use; (ii) provide false, inaccurate, or incomplete information during our registration process; (iii) engage in any conduct that would otherwise harm any of HerHealth's rights or interests in its Site, services, or other property; or (iv) for any other reason at any time in HerHealth's discretion without prior notice to you. Upon termination, you must cease use of the HerHealth Site and destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.