Terms and Conditions
This Agreement is between HAUTE HEALTH, LLC (“Company”) and you (“you” or “Customer”). This Section sets forth the terms and conditions which apply to the use by you of the Company Sites (as defined below) and any other subscription product or service offered for sale by Company and/or its affiliates (collectively, “Company “). The right to use any product or service offered by Company is personal to you and is not transferable to any other person or entity. Company reserves the right to make changes to the Company sites, policies, and these Terms at any time without notice.
HAUTEHEALTHNOW.com and TINALEIGHWELLNESS.com are not covered entities for purposes of Health Insurance Portability and Accountability Act of 1996 (“HIPPA”), nor is the information you provide to Company considered protected health information under HIPAA. As such, the additional privacy and security protections afforded to consumers/patients under HIPAA are not contemplated by, nor contained within, the agreement.
By using, accessing or ordering products from this Website, you hereby agree to all of the following terms.
Upon placing your order today, HAUTE HEALTH will promptly process and ship your order (where applicable.) As with any purchase, this requires some time. If you place an order before 1pm, PST, on a weekday, your will be shipped the same day. Orders placed after 1pm and on weekends or holidays will be shipped the following business day.
You shall have the choice to pay with a credit card or debit card. Company’s authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Our standard ground shipping takes from 3 to 7 business days within the continental United States. For international orders, we ship via Federal Express. Generally international shipments take 14-21 business days from day of shipment unless customs causes a delay for some reason.
If you have not received your order within 21 days from your purchase date, please call our customer care center to request a reshipment of your order.
If you entered the wrong address on our order form and we are forced to reship your package, there may be an additional shipping and handling charge equal to your original order.
Copyright and Trademarks
All Newsletters, logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Company. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
Scope of Use of Copyright and Trademarks Company maintains the Site for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without Company’s written permission. Company makes no representation that the information in the Website is appropriate or available for use in locations outside of the United States, and access to the Company Website from territories where the content of the Website may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The Agreement shall be treated as though it were executed and performed in the State of Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Company, HAUTE HEALTH, LLC in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. You may object to this arbitration provision within 30 days of your initial order by sending written notice of such objection to the company at 4550 SW Betts Ave, #1858 Beaverton, Oregon 97005.
If you have any questions about this Policy, please feel free to contact us via email.
We may collect the following types of information:
Information you provide
When you sign up for HAUTE HEALTH services and communications, we ask you for personal information (such as your name, physical address, email address, or telephone number), we also request credit card or other payment account information which we maintain in encrypted form on secure servers via paypal ssl.
When you use HAUTE HEALTH services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
When you send email or other communication to HAUTE HEALTH, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
HAUTE HEALTH may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our customized content.
Providing our products and services to users, including the display of customized content and advertising;
Auditing, research and analysis in order to maintain, protect and improve our services;
Ensuring the technical functioning of our network; and
Developing new services
HAUTE HEALTH processes personal information on our servers in the United States of America. In some cases, we process personal information on a server outside your own country. By using our services, you consent to the transfer of your information among these facilities, including those located outside your country.
Choices for personal information
When you sign up for a particular service that requires registration, we ask you to provide personal information. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent. You can decline to submit personal information to any of our services, in which case HAUTE HEALTH may not be able to provide those services to you.
HAUTE HEALTH may share the information submitted under your account among all of our services in order to provide you with a seamless experience and to improve the quality of our services. HAUTE HEALTH will NOT share your personal information with any other organization.
HAUTE HEALTH may release account and any other personal information when we believe release is appropriate to respond to a subpoena or otherwise comply with the law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Haute Health or others. This includes exchanging information with other companies and organizations for fraud protection.
Please contact us for any additional questions about the management or use of personal data.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
Accessing and updating personal information
We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary. We provide mechanisms for updating and correcting your personally identifying information for many of our services. For more information, please see the help pages for each service.
HAUTE HEALTH regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or HAUTE HEALTH’s treatment of personal information by contacting us at our customer service center. When we receive formal written complaints at our address listed above, it is HAUTE HEALTH’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between HAUTE HEALTH and an individual.
Use of the Company Sites
The Company Sites may contain links to other Web sites, resources and advertisers. In some cases, external sites may contain links to Company’s sites. Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.
Disclaimer of Warranty; Limitation of Liability
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company sites, nor for any offensive, defamatory or obscene posting made by users. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the Company sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Company sites.
Please seek the advice of professionals regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content. It is the Company’s position that customers should always seek a physician’s consultation prior to using vitamin and nutritional supplements, or engaging in any physical activity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.
Once an order has been submitted your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then on to shipping. Due to the high volume of orders we receive, we will be unable to cancel an order after submitted. Please order carefully. We take great pride in the superior quality of our products and services and want you to be pleased with your purchase. We believe in offering the very best value and quality to our customers.
If You believe that You have been billed improperly, please notify Our Customer Service Department immediately. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
All sales are final.
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Oregon, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Washington County, Oregon, and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in Washington County, Oregon for such purpose. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal. No waiver of or by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
The Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Company’s performance. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. The Company reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. The Company does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by the Company in writing, these terms and conditions may not be amended by You.
Statements made by Company have not been evaluated by the food and drug administration. Any recommended products, books, articles, blog posts, recipes, ebooks, service programs, videos, or audio recordings are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs and supplements recommended by Company as per instructed by the herb or supplement manufacturer and always watch for any allergic reactions. The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner. In the event that any individual should use the information presented on this website without a licensed medical practitioner’s approval, that individual will be diagnosing for him or herself. No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner’s services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
Published Date: April 28, 2015
Business Contact Information:
Haute Health LLC | 4550 SW Betts Ave, #1858 | Beaverton, OR 97005 | (503) 716-6585