Effective Date: August 1, 2018

THESE TERMS OF SERVICE GOVERN THE USE OF OUR WEBSITE, HOLISTICBIOSCIENCES.COM, WHICH IS PROVIDED BY HOLISTIC BIOSCIENCES, INC. (referred to as “US,” “WE,” or “OUR” WHICH ARE CONSIDERED ONE AND THE SAME).

BY ACCESSING OUR WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS OF SERVICE AS DEFINED HEREIN. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY US AT ANY TIME IN OUR SOLE AND ABSOLUTE DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF SERVICE REGULARLY.

Product Purchases and Payment

Charges to your credit card will appear as “Descriptor” 
We accept Visa, Mastercard, American Express, and PayPal payments.

Product Returns

Please see our Return Policy for details about returns and refunds.

Privacy Policy

Please see our Privacy Policy for additional applicable terms that relate to the use of our website.

Access To This Site

YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCESS OUR WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY.

FURTHERMORE, YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY PERMITTED TO PURCHASE OUR PRODUCTS.

You may be asked to provide certain registration details or other information in order to access our website or some of its resources. It is your responsibility to provide true and accurate information to us. If we believe the information you provide is not correct, current, or complete or is the information of another person, we have the right to refuse you access to our website and its resources and to terminate or suspend your access without prior notice. Under such circumstances, we may also remove any posted information that was previously allowed to stand on our website.

IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL LIMITATIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OUR WEBSITE NOR MAY YOU BE PERMITTED TO PURCHASE ANY PRODUCTS FROM US.

By using our website or purchasing products from us, you are deemed by us to have accepted and agreed to our Terms of Service.

License to Use the Site

Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the content on our website. This permits you no rights nor any license allowing you to resell or make any commercial use of our website, its contents or our products sold through the website; you may not make any derivative use of any of our content; download, copy, or otherwise use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No content on, or product sold through, our website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or content. You may use our site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.

Usage Restrictions

You may use our website only for the purposes expressly permitted by this site. You may not use our website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, (ii) frame or use framing techniques to enclose any of our or our content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this site, or (iv) use any meta tags or any other hidden text using our name or trademarks without the express prior written permission of our attorney. For purposes of these Terms of Service, co-branding means to display a name, logo, trademark in such a manner as is reasonably likely to give a user the impression that associates our product with that of a third party that is not a part of Holistic BioSciences or that such a third party has the right to display, publish, or distribute our website or content from it. You agree to cooperate with our company in causing any unauthorized co-branding, framing, or hyperlinking to cease immediately.

No material from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Proprietary Information

The material and content (referred to as the “Content” below) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this site.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, us. Hyperlinks to such sites are provided as a service to our users and are not sponsored by or affiliated with this site or with us. Comprehensively, we have not reviewed such sites for accuracy and are not responsible for the content of those sites in any way, shape, or form.

Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these hyperlinks, or the sites hyperlinked to this site. Most importantly, any hyperlink to a third party site does not necessarily imply that we endorse that site.

Health Information

Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”).

In addition to the FDA having not approved or endorsed any of our products, no other regulatory agency has endorsed or approved the products offered for sale on our website, including having not approved many of the active ingredients listed on our product labels listed or described under supplemental facts.

Similarly, neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency.  The products on the site are not intended to diagnose, treat, cure, or prevent any disease.

The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care.

This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

Submissions

You hereby grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information you communicate to us through this site (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your Submissions. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including, but not limited to, for products or advertising) without incurring any liability for royalties or any other compensation of any kind, and we will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit through this site in accordance with our Privacy Policy as set forth on this site.

Disclaimer

We do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating, destructive, or damaging properties. You are responsible for implementing safeguards to protect your particular requirements for accuracy of data input and output. Any lost or damaged data will need to be reconstructed by you without any support from Holistic as we do not assume any responsibility for your use of the internet.

Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your need for information.

YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We make no warranty, express or implied, that the site or any services, products, or information obtained on or through the site will meet your requirements, be error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time.

YOU, AND NOT WE, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

By logging in on this site as a client, you hereby authorize the sharing of your product purchasing history with us for the purpose of greater statistical analysis.

Limitation On Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

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.

Indemnity

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees, and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks and Copyrights

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners, and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos, or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos, and copyrighted material appearing in this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our designated agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our designated agent.

The Notice of Claimed Infringement must include the following:

  1.  An electronic or physical signature of the owner or its assignee authorized to act on behalf of the copyright owner’s interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description and identification of the material that has caused the infringement including the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our site, including as applicable its URL, so that we can locate the material;
  5. Your name, address, telephone number, and email address;
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. A notarized statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted at admin@holisticbiosciences.com.

Information You May Not Post, Publish, etc.

You may not post, send, submit, publish, or transmit in connection with this site any material including:

  • anything you do not have the right to post;
  • proprietary material of any third party;
  • illegal activity of any kind, including the encouragement of any illegal activity of any kind;
  • anything vulgar, obscene, pornographic, or indecent;
  • anything irrelevant to our website;
  • anything threatening or abusive toward third parties, any libelous, defamatory, invasive, obscene, pornographic, racist, harassing, threatening or offensive statements;
  • anything seeking to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers, or sponsors;
  • includes programs which contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a pyramid or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, we reserve the right to monitor use of this site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password and you agree to accept responsibility for all activities that occur under your account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any Content that is believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.

U.S. Law Applies

Our website is intended for users located in the United States. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.

Miscellaneous

Dispute Resolution

In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this site or information obtained through this site, or any other claims, disputes, or controversies arising out of or relating to this site, or any other World Wide Web site owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through arbitration in the state of Nevada with the arbitrator being in good professional standing and selected by us.

THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.

No party to any arbitration under this clause shall be required to participate in any arbitration proceeding that involves more than one adverse party. The arbitration of any Dispute shall not be joined or consolidated with the arbitration of any other Dispute, even if such other Dispute relates to, arises out of, or raises similar factual or legal claims.

Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms of Service will be governed and interpreted pursuant to the laws of Nevada, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Nevada in connection with any dispute between you and us arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Nevada. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the site must be brought within two (2) years from the date on which such claim or action arose or accrued. If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service (including our Privacy Policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these Terms of Service at any time by updating this posting.

How To Contact Us

If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:

admin@holisticbiosciences.com