Last Updated: January 2023
DO NOT USE THIS WEBSITE TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.
The Website is offered and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Website.
NOT MEDICAL ADVICE; IMPORTANT DISCLAIMERS
The information on this Website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL, DIAGNOSIS OR TREATMENT.
To the extent that the Company, or any representative thereof, provides you with any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness, including your particular situation.
YOUR RELIANCE ON ANY INFORMATION ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITY OR LEGAL LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR QUALITY OF ANY INFORMATION ON THIS WEBSITE. We reserve the right to withdraw or amend this Website, and material we provide on the Website, in our sole discretion without notice.
IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND NOTWITHSTANDING ANY OTHER TERM HEREIN, YOU AGREE THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ANY SITE LINKED TO OR FROM THIS WEBSITE, BE RESPONSIBLE OR LIABLE TO YOU OR ANY ENTITY IN ANY MANNER WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PERSONS WHO MAY USE OR RELY ON SUCH DATA OR MATERIALS OR TO WHOM SUCH DATA AND MATERIALS ARE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION PROVIDED IN THIS WEBSITE OR ARISING FROM ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF ANY CLAIMS OR DAMAGES.
Accessing the Website
We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You may need to provide certain registration details or other information to access the Website or some of the resources it offers. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current, and complete. You are responsible for the security and confidentiality of any account credentials you are permitted to create or use in connection with the Website. You shall provide the Company immediate notice if you discover the security or confidentiality of your account credentials has been compromised or your account credentials have been used in an unauthorized manner.
The Website may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by the Company, but rather are controlled and operated by third parties (collectively, “Third-Party Sites”). In general, any website that has a URL not containing our domain name is a Third-Party Site. You may be transferred to a Third-Party Site even though it appears that you are still in the Website.
The Website is controlled and operated by the Company from its offices within the United States and is intended only for use by users in the United States. The Website is not intended to subject the Company or any of its support organizations to any non-U.S. jurisdiction or law. The Company makes no representation that the information or materials on or linked through the Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
We reserve the right to terminate access to the Website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Intellectual Property Ownership
You acknowledge that, as between you and the Company, the Company owns all right, title, and interest, including all intellectual property rights, in and to the Website and, with respect to third-party brands or products, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products, trademarks, images, and related designs.
The Company names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its affiliates. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of the Company. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Website is the property of their respective owners.
The entire contents and design of the Website is protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website is either owned by the Company, are licensed to it, or are used with permission. The Company and its licensors, vendors or other service providers retain and reserve all proprietary rights to the contents of the Website. Permission to reprint or electronically reproduce any document, stills, audio, video footage or any other materials in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
We may from time to time in our sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Product and Service Descriptions
Prices and availability of and / or services are subject to change without notice. The Company strives for accuracy in all service-related information contained herein or referenced in the Website. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. The Company reserves the right at any time and without notice to update service information and to correct or remove service-related errors, inaccuracies, or omissions.
Transactions and Payment Information.
We may make available through the Website the ability to pay for products or services or otherwise make payments in connection with an invoice from the Company (collectively, “Transactions”).
In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant the Company the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that the Company is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
Shipping, Returns and Refunds
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 952-243-1818 or email our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a restocking fee. Refunds are processed within approximately 10 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
THE WEBSITE AND ALL INFORMATION PROVIDED VIA THE WEBSITE IS PROVIDED “AS IS” AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE COMPANY. THE COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL, DIAGNOSIS OR TREATMENT.
Transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Website.
Limitations of Liability
You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. The Company is not responsible or liable to any third party for the content or accuracy of any Customer Content shared or submitted by you or any other user of the Website.
The following content standards apply to any and all Customer Content and use of the Website. Customer Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Content must not:
The Company may, in its sole discretion and for any or no reason, deny any use, posting, or sharing of Customer Content, and may remove any existing Customer Content from the Website. The Company may also change these standards at any time without notice.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Reporting Claims of Copyright Infringement
The Company takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Human Powered Health
3925 W 50th St
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Counter Notification Procedures
If you believe that material you posted on the Website was removed, or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Our designated copyright agent to receive Counter Notices is the same as our agent for DMCA Notices.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Governing Law and Waiver of Class Actions
YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING THE COMPANY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.