TERMS & CONDITIONS

READ THESE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE WEBSITE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

IF YOU HAVE ANY QUESTIONS WITH RESPECT TO THIS AGREEMENT, PLEASE CONTACT AT:
E-MAIL: [email protected]

INTRODUCTION

This website (the "Website") is operated by DIY Health Naturally. Access and use of the Website (and its related services) is provided by DIY Health Naturally to you on condition that you accept this Agreement. By accessing, browsing, registering on, downloading pages from and/or otherwise using this Website, you agree to accept and comply with this Agreement. You further agree that this Agreement is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms and conditions.

DIY Health Naturally makes no representation that the information contained on the Website or the products described or offered on the Website are appropriate, available, or legal in any particular jurisdiction. Those who choose to access or otherwise use the Website (by, for example, purchasing products thereon) do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

YOU AGREE THAT YOU WILL NOT ACCESS THE WEBSITE FROM ANY JURISDICTION WHERE THE SERVICES AND PRODUCTS DESCRIBED OR OFFERED ON THE WEBSITE ARE ILLEGAL, AND THAT YOU, AND NOT DIY HEALTH NATURALLY, ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION AND ANY OTHER APPLICABLE LAW.

You agree to use the Website only for lawful purposes, and that you will not use the Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website. You further agree that you will not access the Website by any means except through the interface provided by DIY Health Naturally for access to the Website. Creating or maintaining any link from another website to any page on the Website without the prior written authorization of DIY Health Naturally is prohibited. Any permitted links to the Website must comply with all applicable laws, rule and regulations.

YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO USE THIS WEBSITE, AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.

If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to the Website (or any part thereof) and/or your user account, if any. In DIY Health Naturally's sole discretion and without prior notice or liability to you or any third party, we may suspend, discontinue, modify or alter any aspect of the Website including, but not limited to: (i) restricting the time the Website is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice.

You further agree that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by DIY Health Naturally in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate your subscription or registered user account, as applicable.

In order to make a purchase on the Website, you will be required to establish a user account (a "User Account"). To do so, you will need to provide us with certain information ("Account Information"). You agree that the Account Information you provide is true, accurate, current and complete. If any of your Account Information changes, you must update it by using the appropriate update mechanism on the Website, if available. If you provide any information that is false, inaccurate, outdated or incomplete, or DIY Health Naturally has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, DIY Health Naturally, in its sole discretion, has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.

You are solely responsible for all usage or activity on your User Account including, but not limited to, use of your User Account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. You may not sub-license, transfer, sell or assign your User Account, your Account Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Website.

Use of the Website is subject to the terms of our Privacy Policy (“Privacy Policy” ), which is hereby incorporated into and made part of this Agreement. By using the Website, you agree to be bound by the terms of our Privacy Policy.

AMENDMENTS TO THE WEBSITE

Although DIY Health Naturally does not constantly monitor the Website, it nevertheless expressly reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website, in its sole discretion, without notice. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Website.

AMENDMENTS TO THIS AGREEMENT

From time to time, DIY Health Naturally may amend this Agreement. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Website or the Website in its entirety ("Additional Terms"). Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.

INTELLECTUAL PROPERTY

All Website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of DIY Health Naturally or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep intact all copyright and other proprietary notices.

UNSOLICITED SUBMISSIONS

In order to avoid potential misunderstandings or disputes, DIY Health Naturally does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to DIY Health Naturally or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to DIY Health Naturally and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of DIY Health Naturally or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of DIY Health Naturally and its successors, assigns and licensees.

INDEMNIFICATION

You agree to indemnify DIY Health Naturally, and its respective affiliates, directors, employees, agents, representatives, suppliers, content providers, and the like (collectively, the "Affiliates") and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.

DISCLAIMER OF WARRANTY

You acknowledge that you are using the Website at your own risk. The website is provided "as is", and DIY Health Naturally and its "Affiliates" hereby expressly disclaim any and all warranties, express or implied, including but not limited to any warranties of accuracy, timeliness, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the products, or services offered or sold on or through the Website or any other website to which the Website may link ("3rd Party Websites"), as well as the accuracy or completeness of any information contained therein or provided by the website. DIY Health Naturally and its Affiliates do not represent or warrant that access to the website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the website. No oral or written statements by DIY Health Naturally or its Affiliates will create any warranty not expressly set forth herein.

Without limiting any of the foregoing, DIY Health Naturally is not responsible for any product or service sold on or through the Website or any claims of quality or performance made on or through the Website, including any claims of quality or performance made on or through any 3rd Party Websites. Unless explicitly indicated otherwise on the Website, DIY Health Naturally does not endorse or recommend any product or service offered, advertised or sold on or through the Website, including without limitation any product or service offered, advertised or sold on or through any 3rd Party Websites.

REGARDLESS OF ANY PERCEIVED SCIENTIFIC MERIT, THE PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON AND THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON ANY 3RD PARTY WEBSITES, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION, BUT RATHER TO PROMOTE OPTIMUM HEALTH AND GENERAL WELLBEING. THE SERVICES AND PRODUCTS OFFERED THROUGH THE WEBSITE HAVE NOT NECESSARILY BEEN EVALUATED BY HEALTH CANADA OR THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DIY HEALTH NATURALLY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, DIY HEALTH NATURALLY'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU TO DIY HEALTH NATURALLY FOR SUCH PRODUCTS OR SERVICES.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

This Website is controlled, operated and administered by DIY Health Naturally from the state of Washington in the United States. This Website can be accessed from all states within the US as well as provinces and territories of Canada, and other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Washington, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the state of Washington and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes arising hereunder, and which are not dealt with through arbitration in the manner described below, shall be submitted to the exclusive jurisdiction and venue of the courts of the state of Washington and acknowledge that you do so voluntarily.

If any controversy, dispute, claim, question or difference (a “Dispute”) arises with respect to this Agreement, the Website or its performance, enforcement, breach, termination or validity, the parties shall use their best efforts to settle the Dispute. To this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all Parties.

If the parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any party to the other, then upon written notice by any party to the other, the Dispute shall be finally settled by arbitration in accordance with the provisions of the state of Washington.

This Agreement, together with the Privacy Policy and any Additional Terms, is the entire agreement between you and DIY Health Naturally with respect to the Website and your use of same.

In the event of a conflict between or among this Agreement and any other documents referenced in this Agreement, the conflict shall be resolved by assigning precedence to this Agreement, then to any documents referenced herein

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect

All references in this Agreement to "DIY Health Naturally", "we", "us", "our" and like terms should be interpreted accordingly.

The insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement