STONEHENGE HEALTH – TERMS AND CONDITIONS
PLEASE REVIEW THIS TERMS AND CONDITIONS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THIS WEBSITE
TERMS AND CONDITIONS OVERVIEW
We may update or modify these Terms and Conditions at any time as needed in the future. If changes are made in the future, an updated version will be posted on this webpage. We encourage you to review these Terms and Conditions before making a purchase of Products from or otherwise using this Website. By deciding to use and/or purchasing from this Website, you agree to all of the Terms and Conditions that are posted on this page at the time of your access and/or purchase.
NON-COMMERCIAL USE ONLY - The Products and/or Services on this Website are intended for non-commercial, personal use/purposes only. You may not adapt, copy, display, distribute, frame, lease, license, link, loan, modify, publish, rent, reproduce, reverse engineer, sell, transmit, use, or in any way exploit the content or Products of this Website. When you do choose to use /purchase from us, you agree to use this Website, its Products and content lawfully and for non-commercial purposes, in compliance with all applicable international, federal, state, and local laws.
We do not permit or authorize resale of our Products by unauthorized retailers, resellers, or distributors. Any account we suspect related to the illegal distribution of our Products, or any other activity that was not approved in writing by an authorized officer of the Company, may be subject to termination and the user will be restrained from further access to this Website. Unshipped orders associated with such an account will be canceled and credited back to the original purchaser. The Company reserves the right to pursue any unlawful retailer, reseller, or distributor for violations under applicable law including, but not limited to, Trademark Act of 1946: The Lanham Act.
TRUTHFUL - The use of fictitious names, addresses, telephone/cellphone numbers and/or credit card information to purchase Products on this Website shall constitute fraud under the laws of the State of California. Providing information that is not accurate, you constitute your stipulation and admission that
1) Your use of a fictitious name, addresses, telephone numbers and/or credit card information was a fraudulent representation made at the time of transaction
2) Was knowingly false
3) Intention to defraud the Company
4) The Company reliance on your fraudulent representations was and is actual, justifiable and reasonable
5) That the Company was and is damaged by your fraud.
You further admit and stipulate that such conduct was/is carried out with fraud, malice, and oppression. An award of punitive damages is necessary and proper for such fraudulent conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
REFUSAL OF SERVICE – We reserve the right to refuse service or to sell our Products to anyone, for any reason, at any time.
YOUR DATA - You understand that your information (not including credit card information), may be transferred unencrypted via the internet including various networks. Credit card information is encrypted during transfer over internet networks.
COPYRIGHT – All content on this Website, including but not limited to written words, images, and source code is protected as a collective work under the United States and other copyright laws. All content is the property of the Company or has been licensed by the Company to be displayed on the Website from various sources.
ALL RIGHTS RESERVED - Permission is granted to digitally copy and/or to print a physical hard copy of public portions of this site for the sole purpose of placing an order. You may display, save downloads, or print portions of the Website solely for your own non-commercial use, or to place an order with the Company. Any other use, including but not limited to the display, transmission, reproduction, distribution, or commercial use of the content of this site is strictly prohibited unless authorized by the Company. You agree not to change or delete any proprietary notices from downloaded materials from the Website.
TRADEMARKS – All service marks, trade names, and trademarks on this Website are registered trademarks of the Company or associated third-party company and may not be used without written permission from the respective companies.
SITE PRODUCTS & CONTENT
We attempt to provide only accurate, complete, and current information on this Website, but we are not responsible if this information is not correct. No information provided on this Website should be relied on or used as the sole basis for decision making without considering other sources of information. Reliance on information provided on this Website is at the user's own risk.
There may be information on our Website that contains errors or omissions that may relate to pricing, promotions, offers, product descriptions, shipping charges, transit times and product availability. We reserve the right to correct any errors and update information or cancel orders if any information on the Service or any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain historical information that is no longer correct and is provided as reference only. The Company reserves the right to modify information provided at any time, but we are under no obligation to update this information. It is your responsibility to monitor any Website changes as they occur.
The description and pricing of Products list on this Website are subject to change at any time without notice and at the sole discretion of the Company. We reserve the right to modify or discontinue Products or Services at any time without notice. We shall not be held liable to you or third-parties for any information or price changes, suspension or discontinuance of the Service or Products provided. Any offer for any Product or Service made on this Website is void where prohibited. On a case-by-case basis, we may limit the quantity of items sold to any one person, household, account, geographic region or jurisdiction.
The Products offered for sale are sold exclusively online through this Website. These Products sold may have limited quantities available and may go out of stock. Every effort has been made to display accurate images and colors of Products offered on our Website. Your device display may not be accurately calibrated to show the images correctly. We make no warranties of any kind regarding the content of this Website whether expressed or implied. The Company does not warrant or represent that the functions of our Website will be error-free or uninterrupted, that the error will be corrected, or that this site or the servers are free of viruses or other harmful components. The Company does not make any warrantees or representations regarding the use of the materials in this site concerning their accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Limitations or exclusions on warranties in select geographical areas may limit the preceding, so may not apply to you.
Select content, sources or links may be material provided by third-parties that are not directly affiliated with us. We are not responsible for the accuracy of third-party content, and we do not warrant, will not have liability or responsibility for it on websites, products or services provided by the third-parties. We are not liable for harm or damages related to the sale or use of goods, services, resources, content, or any other transactions made regarding any third-party websites. Carefully review third-party policies before you engage in any transactions. Any concerns regarding third-parties should be directed to the party in question.
YOUR REPRESENTATIONS AND WARRANTIES
By using the Company Website, you represent and agree that:
1) You are or are above the legal age of majority in your location of residence, or that you are above the age of legal majority and are granting a minor dependent access to use this Website.
2) You have not previously been suspended or removed from this Website
3) You do not currently, nor will you at any time in the future, have more than one (1) user/customer account for this Website
4) You will/have provided us with truthful, accurate, current and complete information if you place an Order and/or register an account
5) You have the authority and the capacity to enter into this agreement and in doing so, will not violate any other agreement(s) to which you are a party. If we believe that your submitted information is not true, accurate, current, or complete, we may deny or terminate your access to this Website and other Company affiliated websites as necessary.
TRADEMARK AND INTELLECTUAL PROPERTY RIGHTS
This Website and all of its information contained herein including, but not limited to, articles, audio material (including any music compositions and sound recordings), buttons, icons, characters, graphics, illustrations, images, logos, names, photographs, software, text, titles, trademarks, trade names, video material, excluding User Generated Content (collectively, “Proprietary Material”), are protected by copyright, trademark, and other laws of the State of California and the United States of America, as well as international convention and the laws of other countries. All Proprietary Material on the Website is owned or controlled by the Company or by third parties that have provided rights to the Company.
Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not display, use, publish, reproduce, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, publicly perform or display, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any technology or media now known or later developed.
Modification of the Proprietary Material on this Website or use of such Proprietary Material for any purpose is a violation of our copyright and other proprietary rights.
The Company imposes restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any of the security features of the Website or Service for any unlawful purpose, including, without limitation:
(a) Accessing data or Website content not intended for you, or by logging onto the Company servers or accounts that you are not authorized to access
(b) Attempting to scan, probe, or test the vulnerability of our Website, or any associated network or system, or to breach security
(c) Trying to interfere with the service to any user, host, or network, including, but without limitation, submitting a virus to the Website or Service, overloading, flooding, spamming, mail bombing, phishing, pharm, spider, crawl, scrape, or crashing the Website
(d) Using the Website to send unsolicited messages / e-mail, including, without limitation, promotional advertisements for services or products (e) Forging any part of the TCP/IP packet header or the header information in any e-mail or any posting using the Website Services
(f) Attempting to reverse-engineer, change/modify, decompile, disassemble, or otherwise reduce to a human-perceivable form any of the source code used by Company in providing the Website. You may be subject to civil and/or criminal liability if you violate any Company system or our network security.
LIMITATION OF LIABILITY
The Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or Products on this site, even if the Company has been advised of the possibility of such damages, to the maximum extent permitted by law. In no event shall the Company be liable for damages of any kind. These including, but are not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages arising out of or regarding your use of the Website or any other materials or services provided to you by the Company. Your local law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you.
Harassment, use of obscene or abusive language in any form on the Company Website, including contact via posted reviews, e-mail communication, or via chat is strictly forbidden. Impersonation of Company employees, including third-party companies, or any site visitor is prohibited. You may not upload, distribute, or otherwise publish through the site any content posts which are abusive, harass, insult, harm, defame, slander, disparage, defamatory remarks, illegal, invasive of privacy or publicity rights, libelous, obscene, threatening, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability will not be tolerated or allowed at any time.
USER GENERATED CONTENT
The Company welcomes the user to submit comments about our Company and Products. We may use such submissions you or others provide on our Website. That includes photography, graphics, videos, music, sound, information, ideas, data, text, messages, comments, facts, advice/tips, opinions, events, or other types of material (collectively known as “User Generated Content” or “UGC”)
You are under no obligation to submit any form of content to our website, but if you select to, any UGC submitted is deemed non-confidential and non-proprietary. Any submitted UGC may be used by us, our affiliates or others of our choosing without restriction. If you have confidential information you do not wish others to see, do not post it to this Website. The Company is not responsible for misuse or misappropriation of any UGC that you post on this Website by other users.
If you choose to submit or provide UGS to this site, whether solicited or unsolicited, you grant the Company and our affiliates royalty-free, fully compensated, unrestricted, never ending, global, non-exclusive, irrevocable, fully transferrable, assignable and sub-licensable right and license. We have the right to copy, adapt, use, modify, publish, translate, create derivative works, distribute, commercialize, perform, or display such UGC in whole or in part. You grant the right to incorporate the UGC in other works in any form, media, or technology (now known or later developed). These rights include for any purpose, without limitation, advertising, and promotional purposes.
By submitting any UGC to us and/or our Website, you further represent and warrant that you own or otherwise control all rights in and to the UGC. You represent and warrant that our posting and use of that UGC will not infringe or violate the rights of any third parties in any manner including, without limitation, any copyrights, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. You may not upload any commercial content on the Website or use the Website to solicit others to join or become members of any other commercial organization or online service.
You agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all expenses, losses, damages, and costs, including reasonable attorney fees, resulting from any violation of these terms or any activity related to your account (including wrongful or negligent conduct) by you or any other person accessing the site using your IP tagged device.
The Company offers a 90-Day 100% Satisfaction Money Back Guarantee on all Products purchased through our Website. This Guarantee comes into effect when your Product is delivered to you (as confirmed by the tracking number issued with each shipment) and expires ninety (90) days after that. If you do request a refund, you will be responsible for shipping charges related to the return of Product(s). We require all returns to have a tracking number and Return Authorization Number in advance of the return shipment. Please contact our friendly Customer Service department at 800-930-5965 for prompt assistance with your return.
All packages returned "Refused / Return to Sender" or "Undeliverable" will be refunded the cost of the Product minus the order shipping fee. A minimum fee of fifteen dollars ($15) will also be deducted to cover the return shipping cost.
We strongly discourage customers from opening a billing dispute, known as a chargeback, with their credit card company. Billing disputes can significantly delay the resolution of issues. Please allow our Customer Service team to assist with any concerns. They are trained to help find an amicable solution. Suppose a chargeback is filed and subsequently decided in favor of The Company. In that case, The Company may, at its sole discretion, may agree to issue a refund for returned Product(s). Under these circumstances, a fee of twenty dollars ($20) will be deducted from any refund to cover The Company's costs related to the chargeback issuance.
To read more on our Exchange and Returns Policy, please click here.
These Terms and Conditions and any additional agreements shall be construed to and governed by the regulations of the United States of America and the State of California, without reference to their rules regarding conflicts of law. Binding arbitration shall resolve any dispute regarding this agreement or any transaction between you and the Company under the Consumer Rules of the American Arbitration Association which shall will be conducted in Los Angeles County in the State of California, United States. By using this Website, you are accepting the terms and conditions of this agreement you also agree to submit yourself to the jurisdiction and venue of Los Angeles County.
EMAIL SIGN-UP TERMS AND CONDITIONS
By submitting your email address on a website form you are agreeing to receive email communications from the Company, including:
- Special discount offers, Promotions, transactional confirmations, product notifications, information and/or services offered by the Company; and
- When you provide your email address, you are guaranteeing that you are the user/owner that is authorized to use the email address.
- Your contact info will be used only within our company by employees, agents, contractors, business partners, companies working on our behalf, and other related groups within our control, except as required by law. Your contact information will not be passed on to any third parties outside our direct control for their own use. If it is required to do so by law, the Company may be required to disclose your information to third parties.
- If you would prefer to not be included, you may opt out by unsubscribing via the links on each Company email. There is a provided Unsubscribe link in the header and footer of each email message sent to you, clicking this link will remove you from the list.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS and MMS) from The Company, including text messages that may be sent using an automatic telephone dialing system, to the phone number associated with your opt-in. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: https://simpletexting.com/what-carriers-can-simpletexting-reach/.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from the Company in order to opt out of the Program. After texting STOP, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Company and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Company through any other programs you have joined until you separately unsubscribe from those programs.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD THE COMPANY HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, order, and sale of the Company, Stonehenge Health’s health supplement products, promotions, educational, and general information.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us. You agree that you are solely responsible for all message and data charges that apply to mobile messages. All such charges are billed by and payable to your mobile service provider.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS Fallback Messages if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be always available in all areas and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); an
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and The Company, or between you and SimpleTexting LLC (“SimpleTexting”) or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY LEGAL NAME]’s principal place of business is located, without regard to its conflict of laws. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your Agreement to participate in any of our Programs.
You understand and agree that, by agreeing to these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action and that these Terms shall be subject to and governed by the Federal Arbitration Act.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
THIS ARBITRATION AGREEMENT (HENCEFORTH "AGREEMENT") DICTATES THE MANNER IN WHICH ANY DISPUTES CONCERNING PRODUCT(S) PURCHASED BY YOU FROM US ARE TO BE RESOLVED. THIS AGREEMENT ESTABLISHES IMPORTANT LEGAL RIGHTS FOR ALL PARTIES INVOLVED AND SHOULD BE READ CAREFULLY BY ALL CUSTOMERS. WHEN YOU ORDER A PRODUCT FROM US, YOU CONSENT TO A BINDING INDIVIDUAL ARBITRATION PROCESS AS CODIFIED BY THIS AGREEMENT IN THE EVENT A DISPUTE ARISES BETWEEN US. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND ANY ABILITY TO JOIN OR REPRESENT A GROUP OF CONSUMERS IN A CLASS ACTION LEGAL PROCEEDING. ANY CUSTOMERS REFUSING TO BE BOUND BY THE TERMS OF THIS AGREEMENT HAVE FIFTEEN (15) DAYS TO RETURN THE ITEM(S) THEY ORDERED FROM THE DATE THEY WERE RECEIVED.
A1. RESOLUTION BY BINDING ARBITRATION: All disputes between you and us, including our affiliates and subsidiaries, regarding any of our products or this Agreement are to be resolved through binding arbitration. The nature of your claim does not affect this obligation to arbitrate, meaning that disputes concerning fraud, tort, negligence, product liability, misrepresentation, violation of a statute, or any other legal theories will be resolved in this manner (binding arbitration). You acknowledge and consent to waive your legal right to initiate a lawsuit against us for any dispute, including the right to have any issues resolved by a judge or jury.
A2. WAIVER OF CLASS PARTICIPATION: All arbitration hearings conducted under this Agreement are to be conducted on an individualized basis. Disputes concerning classes of individuals are specifically banned by this Agreement, and no arbiter will have the authority to award relief to more than one individual per claim. You also acknowledge and consent that you waive your legal rights to represent others in a dispute with us or join a claim brought by another individual. Furthermore, you acknowledge and consent that you are giving up any ability to serve as a representative, private attorney general, or in any other representative function in a joint claim against us, our affiliates, or our subsidiaries, nor may you join any class-wide legal proceeding against the same.
A3. ARBITRATION PROCEDURES
a) Any dispute or claim brought against us must first be presented to us through our Legal Representative's toll-free phone number, 800-805-6815, and providing all of the information asked of you. You may be asked to provide a written statement regarding the precise nature of your issue. We have forty-five (45) days from the receipt of your call or written statement to resolve your issue (the "Resolution Period"), after which you may begin the arbitration process described by this Agreement.
b) The actual arbitration hearing shall be conducted according to the American Arbitration Association's (henceforth "AAA") United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. You may call the AAA directly or visit their website (www.adr.org) for more detailed information on these procedures.
c) The arbitrator will not conduct class arbitration, meaning that you will not be permitted to serve as a representative, private attorney general, or in any other representative capacity for somebody else involved in the proceeding.
d) All arbitration hearings conducted according to this Agreement shall be held in Los Angeles County in the state of California.
The administrative expenses incurred as a result of arbitration under this Agreement shall be handled as follows:
a) If the dispute or claim serving as the subject of the arbitration proceedings is less than five thousand dollars ($5,000 USD), your share of the administrative costs will not exceed one hundred dollars ($100 USD);
b) If the dispute or claim serving as the subject of the arbitration proceedings is between five thousand dollars ($5,000 USD) and fifty thousand dollars ($50,000 USD), your share of the administrative costs will not exceed three hundred dollars ($300 USD); and
c) If the dispute or claim serving as the subject of the arbitration proceedings exceeds $50,000 USD, your share of the administrative costs will be dictated by the AAA's Commercial Fee Schedule.
d) Each party will be responsible for the fees and costs associated with their own council, witnesses, and experts.
A5. SMALL CLAIMS: This Agreement does not limit the ability of any party to seek adjudication through a small claims tribunal in the county you live in for any disputes that fall within that tribunal's jurisdiction. Any dispute that does not fall within the jurisdiction of such a tribunal must be resolved through the binding arbitration procedures set forth by this Agreement. In addition, any appeal made in response to a judgment by a small claims tribunal will be resolved by biding arbitration as described in this Agreement.
A6. SEVERABILITY: If any portion of this Agreement is found to be or declared unlawful, void, or unenforceable, that portion will be ineffective only to the extent that it was declared unlawful, void, or unenforceable. The Agreement will remain in full effect except for those portions specifically ruled otherwise.
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable as fully permitted by applicable law. The unenforceable portion will be severed from these Terms and Conditions. Such determination will not affect the validity and enforceability of any other remaining provisions.
RESULTS MAY VARY
*Results may vary. Always consult with your physician before using any supplement--including those mentioned on this website--especially if you have a serious medical condition or a history of heart problems. The information contained on this website is not intended to diagnose, treat, cure, or prevent any disease or condition, and it should not be considered medical advice. Rather, it is intended to be used only for general informational purposes.
DISCLOSURE OF MATERIAL CONNECTION
The post above may contain "associate sales links." If you click on one of these links and purchase a product from the link, this website will receive a commission. However, rest assured that we never recommend a product unless we personally use it or believe that it will improve our readers' lives in some way. This disclosure is in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials."
CLASS ACTION WAIVER
No claim may be arbitrated through a class action lawsuit or in a representative way. No claim brought to arbitration will be decided by a jury, and it may not be brought as a private attorney general. You waive the right to act as a representative or participate as a claimant in a class action lawsuit regarding any claim brought to arbitration. No arbitrator may consolidate more than one individual's claim against The Company. An arbitrator may not preside over any type of class proceeding against The Company. You agree that this waiver is material and crucial to the arbitration of any type of dispute between you, others, and The Company, and it can't be severed from the claims arbitration agreement. The parties' agreement to arbitrate is null and void if any part of this waiver is voided, limited, or can't be enforced.
You understand that your agreement to this class action waiver means that you may only bring individual claims against The Company and cannot act as a plaintiff or member of a class action lawsuit or representative proceeding. If you have purchased a product and don't agree to the aforementioned agreement, terms, and conditions, you agree not to use the product or website, and you agree to tell The Company in writing and return the product for a full refund within 30 days.
If you have questions about these Terms of Service, please email [email protected], calling 800-930-5965, or mailing us at Stonehenge Health, Re: Terms and Conditions Compliance Officer, 3857 Birch St., Suite #3025, Newport Beach, CA 92660, United States
BY ACCESSING AND USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Effective Date: November 28, 2017
Updated: December 15, 2020