Welcome and thank you for visiting Healthy On You^®. The HealthyOnYou.com website and its associated products and services (collectively, "Website") are provided by HealthyOnYou.com. ("Healthy On You"), is a California LLC. By accessing or using the Website, however accessed, you manifest your intent and agree to be bound by this Terms of Service ("Agreement").

This Agreement and the terms contained herein is subject to change by Healthy On You^® at any time, in its sole and absolute discretion, and without notice. Therefore, you are instructed to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.

Healthy On You^® hereby incorporates its Privacy Policy as if fully restated herein. You are instructed to review the Healthy On You^® Privacy Policy to understand the personal and personally identifiable information that Healthy On You^® may collect from you when you use the Website and how Healthy On You^® may use that personal or personally identifiable information.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND HEALTHY ON YOU^® WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Eligibility to Use the Website

The Website is open to use to those who are age eighteen or above. By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

Acceptable Use of the Website

When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Healthy On You^® for such a breach, including, but not limited to, monetary damages, costs, and attorneys' fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

*Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Healthy On You® through a separate, written agreement;
*Accessing or attempting to access the Website through automated means;
*Circumventing the technological protection measures of the Website;
*Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
*Disrupting or otherwise interfering with the Website or its associated servers or networks;
*Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
*Diverting or attempting to divert customers of the Website to another website or service;
*Reverse engineering, decompiling, translating, or disassembling the Website or its content;
*And encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Healthy On You^® reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Healthy On You® also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

Limited License to Use the Website

You acknowledge and agree that the Website is the property of or is licensed by Healthy On You^® and is protected under the United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Healthy On You^® reserves all rights not expressly granted through this Agreement.

Healthy On You^® provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

User Account

Healthy On You^® may provide you with the ability to register a user account ("User Account"), which may provide access to additional areas of the Website, including, but not limited to, those areas or functions of the Website that are only open to wholesale accounts. Your User Account is protected by a username and password. You recognize that you are solely responsible for maintaining the security and confidentiality of your username and password and that you are responsible for any unauthorized access to your User Account. In the event your User Account is accessed without your authorization, you agree to notify Healthy On You^® immediately. Healthy On You^® reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. By creating a User Account, Healthy On You^® may contact you by any available means, including, but not limited to, by email.

Ordering and Website Policies

You understand and agree that the Website and your User Account may be subject to additional terms or policies, including, but not limited to, Healthy On Yous’ Wholesale Policies and Shipping Policies. Healthy On You^® reserves the right to discontinue, modify, amend, or replace these policies at any time, without prior notice, and in its sole and absolute discretion. Your continued use of the Website after a change in any such policies constitutes your agreement with and manifestation of assent to any such changes.

Payment

Each order submitted to Healthy On You^® through the Website is an offer to Healthy On You^® to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, Healthy On You^® will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute Healthy On Yous’ acceptance of your order. No order will have been deemed to have been accepted by Healthy On You^® until the product(s) contained within the order is shipped by Healthy On You^®  to you.

Payment for all orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Healthy On You^® is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Healthy On Yous’ payment processor. You agree that you will not initiate any chargebacks to Healthy On You^® unless otherwise authorized by Healthy On You^® in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Healthy On You^®.

Product Pricing and Availability

Though Healthy On You^® makes reasonable attempts to ensure that the products listed on the Website are in stock and that the prices for all products are accurate, from time to time Healthy On Yous’ Website may contain incorrect prices or incorrectly reflect the amount of stock of a particular product. All listings for products on the Website are an invitation to deal and Healthy On You® reserves the right to modify the pricing of any products prior to shipment. If Healthy On You^® identifies that a price reflected on the Website is incorrect or a product listed on the Website is out of stock, Healthy On You^® will contact you in a reasonable time frame to advise you of the issue.

Proprietary Right

You understand and agree that the Website, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Healthy On You^®. Under the terms of this Agreement, you do not acquire any ownership rights to the Website or the data or content contained therein. You acquire only a limited license to use the Website subject to the terms of this Agreement. All other rights are reserved by Healthy On You^®.

Trademarks

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Website by Healthy On You^® including, but not limited to, Healthy On You^®, are common law or registered trademarks owned by or licensed to Healthy On You^®. You are expressly prohibited from using the trademarks of Healthy On You^®to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Healthy On You^® in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.