Last updated: August 18, 2013
Welcome to HealthNutsMedia.com. Health Nuts Media, LLC (“HNM”) provides website features to you subject to the following conditions. If you visit or shop at HealthNutsMedia.com, you accept these conditions. Please read them carefully.
Please review our Privacy Notice below, which also governs your visit to HealthNutsMedia.com, to understand our practices.
When you visit HealthNutsMedia.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, video, character designs, storylines, etc., is the property of HNM or its partners and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HNM and protected by U.S. and international copyright laws.
HealthNutsMedia.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of HNM in the U.S. and/or other countries. HNM’s trademarks and trade dress may not be used in connection with any product or service that is not HNM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HNM. All other trademarks not owned by HNM that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HNM.
LICENSE AND SITE ACCESS
HNM grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HNM. This license does not include any resale or commercial or clinical use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or clinical purpose without express written consent of HNM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HNM without express written consent. You may not use any meta tags or any other “hidden text” utilizing HNM’s name or trademarks without the express written consent of HNM. Any unauthorized use terminates the permission or license granted by HNM.
If you use this site, 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. HNM does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use HealthNutsMedia.com only with involvement of a parent or guardian. HNM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HNM reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant HNM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HNM and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HNM for all claims resulting from content you supply. HNM has the right but not the obligation to monitor and edit or remove any activity or content. HNM takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
Some items purchased from HNM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
HNM does not take title to returned items until the item arrives at our offices. At our discretion, a refund may be issued without requiring a return. In this situation, HNM does not take title to the refunded item. For more information about our returns and refunds, please see Shipping and Returns.
HNM attempts to be as accurate as possible. However, HNM does not warrant that product descriptions or other content of this site is complete or error-free. If a product offered by HNM itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. With respect to items sold by HNM, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HNM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HNM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HNM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HNM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM HNM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HNM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your visit to HealthNutsMedia.com or to products or services sold or distributed by HNM or through HealthNutsMedia.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 949 Concha St., Altadena, CA 91001. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting HealthNutsMedia.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HNM.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to HealthNutsMedia.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Health Nuts Media, LLC
949 Concha St.
Altadena, CA 91001
What information do we collect?
We collect information from you when you register on our site or fill out a form. You may, however, visit our site anonymously. Like many sites, we may use “cookies” and other technologies to help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches.
How we use your personal information
The personal information we collect allows us to keep you posted on HNM’s latest products, services and announcements. It also helps us to improve our services, content, and advertising. We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
Disclosure to Third Parties
At times HNM may make certain personal information available to strategic partners that work with HNM to provide products and services, or that help HNM market to customers.
HNM shares personal information with companies who provide services such as making HNM videos available in patient rooms or host providers who manage and deliver HNM content on websites. These companies are obligated to protect your information.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for HNM to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
Protection of Personal Information
HNM takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
HNM sells products for children for purchase by adults. If you are under 18, you may use HealtNutsMedia.com only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under13 we will take steps to delete the information as soon as possible.
Third-Party Sites and Services
HealthNutsMedia.com may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
SHIPPING & RETURNS
Those items, such as DVDs, that require shipping will be sent via United States Postal Service Priority Mail. Please contact us if you require rush delivery.
When to Expect Your Delivery
Items requiring physical delivery are sent to you at the earliest possible date, usually within 24-48 hours (weekends and holidays excluded).
For digitally delivered items, such as web subscriptions and patient room videos, delivery times may vary. We will work with you to ascertain the delivery requirements and give you estimated times based upon that information.
Our return policy varies depending upon the item you purchased.
DVDs (Standard) – 15 Days
DVDs (Custom) – All sales final. No returns.
Web Subscriptions – 1 year minimum, cancellation within first 30 days subject to $300 fee
Patient Room Videos – 1 year minimum, cancellation within first 30 days subject to $300 fee