TERMS OF USE
HarvestingWellness.com

Welcome to HarvestingWellness.com, a website owned and operated by Harvesting Wellness, LLC. Harvesting Wellness gives you the opportunity to purchase wide variety of health-related products, as well as to provide relevant health-related educational material, and information about our company and products.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Harvesting Wellness’s relationship with you in relation to this website.

DISCLAIMER.

Information provided on this website is intended for educational/informational purposes only, and should not be considered a replacement for the expert advice of a qualified health practitioner. Consult your doctor or other healthcare provider regarding your specific personal and health-related circumstances and needs before using information on these web pages. Information on this site is not intended to diagnose, treat, cure or prevent any disease.

Statements regarding some products on this website have not been evaluated by the Food and Drug Administration. Products available on this site are not intended to diagnose, treat, cure or prevent disease.

Harvesting Wellness LLC, and its principals, managers, members, and agents, are not manufacturers of the products sold on this website. Harvesting Wellness LLC makes no specific claims regarding the effectiveness or safety of any of the products available on this website; any and all claims regarding effectiveness or safety originate from the manufacturer. User agrees to indemnify and hold harmless Harvesting Wellness LLC, its principals, managers, members, and agents for any claims or responsibility and damages arising from use of the products sold on this website; and you accept sole responsibility for any legal, medical, or financial liability which may occur as a result of your usage of the pages and products on this site.

THE MATERIAL PROVIDED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR THE EXPERT ADVICE OF AN APPROPRIATE HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH QUESTIONS YOU HAVE REGARDING A MEDICAL OR NUTRITIONAL CONDITION.

WHILE REASONABLE EFFORTS ARE MADE TO ENSURE THAT INFORMATION ON THIS WEBSITE IS ACCURATE AND CURRENT, HARVESTING WELLNESS LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY OR ACCURACY OF THE INFORMATIONAL CONTENT ON THIS WEB SITE. INFORMATION HEREIN MAY NOT REFLECT NEW, RECENTLY CHANGED, OR MODIFIED FACTS, OPINIONS, STATISTICS OR OTHER INFORMATION POSTED TO THIS SITE. HARVESTING WELLNESS LLC HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE ACCURACY AND RELIABILITY OF THE INFORMATION ON THIS WEBSITE.

HARVESTING WELLNESS LLC MAKES NO WARRANTIES EXPRESS OR IMPLIED REGARDING THE EFFECTIVENESS OR SAFETY OF ANY PRODUCTS ON THIS SITE WITH RESPECT TO YOUR PERSONAL HEALTH AND NUTRITIONAL CIRCUMSTANCES. HARVESTING WELLNESS LLC HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE EFFECTIVENESS OR SAFETY OF PRODUCTS ON THIS SITE. YOU ASSUME ALL RISK OF ANY AND ALL DAMAGE, LOSS, OR INJURY FROM USE OF SAID PRODUCTS TO THE MAXIMUM EXTENT ALLOWED BY LAW.

The listing of any brand name products does not imply endorsement of or affiliation with said products by Harvesting Wellness LLC. Any links from this website to a third-party’s website does not imply endorsement of or affiliation with the third-party.

Harvesting Wellness LLC in its discretion reserves to right to refuse to sell products to anyone with pre-existing medical or physical conditions absent the individual’s pre-approval by a qualified healthcare provider.

Harvesting Wellness LLC offers products only to those between the ages of 18 and 65.

BINDING EFFECT. This is a binding agreement. By using the Internet site located at HarvestingWellness.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Harvesting Wellness LLC (”Company”) from time to time in its sole discretion. Harvesting Wellness will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. Harvesting Wellness may send registered users an email notifying them of any changes to these Terms, but is not obligated to do so.

It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

REGISTRATION. You are not required to register to view Harvesting Wellness or make a product purchase. However, to fully utilize the services offered by Harvesting Wellness, you will need to register with Harvesting Wellness. When you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. (You are not required to provide information where it is indicated as optional, however you are recommended to do so in order to enhance your browsing experience). You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Harvesting Wellness immediately of any unauthorized use of your account, user name, or password. Harvesting Wellness shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Harvesting Wellness, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

FEES; PAYMENT AND RENEWAL. Some products and services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. You hereby authorize the Company and its merchant provider to charge your credit card or PayPal in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. The Company reserves the right to change the amount of, or basis for determining, any fees or charges for services or products it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. Such new fees, charges, or terms for services only shall not take effect earlier than 30 days after the Company posts such modified fees on the Web site or communicates them to you by email. The Company reserves the right to terminate any account at any time for any reason.

Customer’s right to use the Service is subject to any expenditure limits established by the Company or by Customer’s credit card issuer or other means of payment that may be made available to you. If payment cannot be charged to Customer’s credit card, or collected by other available means on the Site, or Customer’s charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate Customer’s access and account, thereby terminating this Agreement and all obligations of Company hereunder.

If Customer has reason to believe that Customer’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer’s ID, password, or any credit, debit, or charge card number stored), notify the Company of the problem to avoid possible liability for any unauthorized charges to Customer’s account.

It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.

PAID CONTENT. We may charge a fee to post Content in some areas of the Service. This Content may include banner and text advertisements, sponsorships, business listings, etc. The fee may be an access fee permitting Content to be posted in a designated area, and/or paid advertising. Each party posting Content to the Service is responsible for said Content and compliance with this Terms of Use and any other applicable agreement between the parties. All fees paid will be non-refundable in the event that Content is removed from the Service for violating these Terms.

SPECIALS, PROMOTIONS, SWEEPSTAKES. Please read the official rules that accompany any gift opportunity, special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Rules for any of the above are incorporated into this Agreement by this reference.

PRIVACY POLICY. Harvesting Wellness respects your privacy and permits you to control the treatment of your personal information. A complete statement of Harvesting Wellness’s current privacy policy can be found by clicking here. Harvesting Wellness’s privacy policy is expressly incorporated into this Agreement by this reference.

USE OF THE SITE. Harvesting Wellness grants you permission to use the Site subject to the restrictions in these Terms of Service. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Harvesting Wellness does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Site at your own risk.

USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (”User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your user name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

(a) violates any of the terms of this Agreement, or any agreement with Harvesting Wellness or its partners and affiliates; or
(b) creates a false identity for the purpose of misleading others; or

(c) is libelous, defamatory, obscene, pornographic, abusive, or threatening; or

(d) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or

(e) includes surveys, contests, pyramid schemes, chain letters, junk mail, spam, or unsolicited messages; or

(f) includes stock quotes, online trading, investment offers or similar financial advice; or

(g) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; utilizes metatag searches of the website or the service.

Harvesting Wellness reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Harvesting Wellness intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

ALLEGED VIOLATIONS. Harvesting Wellness reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

COPYRIGHT INFRINGEMENT. Harvesting Wellness has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Harvesting Wellness has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Harvesting Wellness’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

CSC Services of Hawaii, Inc.
1003 Bishop Street
Suite 1600 Pauahi Tower
Honolulu, HI 96813
USA

TYPOGRAPHICAL ERRORS: ACCURACY OF INFORMATION. In the event a product or service, is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product or service information received from our suppliers, Company shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. Harvesting Wellness shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Company shall immediately issue a credit to your credit card account in the amount of the charge.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

The availability of products, services, and other items on the Site may change at any time, without notice.

NO WARRANTIES. HARVESTING WELLNESS HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. HARVESTING WELLNESS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED AND THIRD PARTY SITES. Harvesting Wellness has no control over, and no liability for any third party websites or materials or products and services provided therein. Harvesting Wellness works with a number of partners, affiliates, and advertisers whose Internet sites may be linked with or incorporated into the Site. Because neither Company nor the Site has control over the content and performance of these third party sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. .

PROHIBITED USES. Harvesting Wellness imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INTERNATIONAL AND U.S. USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. The Site is based in the State of Hawaii, USA. Harvesting Wellness makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Hawaii.

INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its partners, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

COPYRIGHT; TRADEMARK. All contents of Site or Service are: Copyright © 2010 Harvesting Wellness LLC, 1888 Kalakaua Ave., Suite C312, Honolulu, HI 96815. All rights reserved.

No material can be downloaded, except for your own personal use provided you have retained any relevant copyright and other proprietary notices which may be contained on the images. You may not reuse, distribute, modify, repost any content of this site for public or commercial uses such as logos, text, images, without the express written permission of Harvesting Wellness, LLC.

“Harvesting Wellness,” “HarvestingWellness.com,” “Healing We Can Achieve,” as well as all logos and similar images and text found on HarvestingWellness.com or any other sites controlled or operated by Harvesting Wellness, are trademarks of Harvesting Wellness, LLC.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Hawaii, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Honolulu, Hawaii, USA in all disputes arising out of or related to the use of the Site or Service.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

MODIFICATIONS. Harvesting Wellness may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Harvesting Wellness shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Amended March 30, 2010

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