Terms and Conditions
Last updated October 29, 2024
Welcome to www.EmbraceHealthNaturals.com. This website is owned and operated by Embrace Health Inc. By visiting our website and accessing our information, Products, Services, Content and tools we provide, you understand and agree to accept and adhere to the following Terms and Conditions:
INTRODUCTION
Embrace Health, Inc., Embrace Health Naturals and it’s affiliates shall hereinafter be referred to as the “Company”. The terms “we”, “us” and “our” refer to the Company. We operate the “Website” EmbraceHealthNaturals.com as well as any other related Products and Services that refer or link to these legal terms (“Terms”)(collectively, the “Services”). “Content” is the information displayed at the Website including text, images, code, photographs, graphics, designs, downloadable guides, resources, videos, audios and any other materials available at the Website. “You” and “Your” refer to the visitor, user, customer or person accessing the website.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS GOVERN THE RELASTIONSHIP BETWEEN YOU AND THE COMPANY WHEN YOU USE THE WEBSITE OR PURCHASE PRODUCTS SHOWN OR DEPICTED ON THE WEBSITE (“PRODUCTS”).
BY ACCESSING THIS SITE, SUBMITTING PERSONAL INFORMATION AND/OR PURCHASING PRODUCTS, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. OUR PRIVACY POLICY ALSO GOVERNS YOUR VISIT TO OUR WEBSITE. IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITIONS AND PRIVACY POLICY, DO NOT USE THIS WEBSITE.
These terms of use apply to all users of this Website and are subject to change by the company at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly.
————————————
Table of Contents
Use these links to view any section below.
YOUR REPRESENTATIONS:
You may use this Website for purposes expressly permitted by these Terms and Conditions. You may not use this site for any other purpose, including any commercial purpose, without the Company’s express prior written consent.
By accessing our Website, Content, Products or Services you represent that:
(a) you are 18 years of age or older
(b) all registration information you submit will be true, accurate, current and complete,
(c) you are providing us with valid payment information which you are authorized to use;
(d) authorize us to make any and all such charges to the valid payment information for the price of the Products you order, together with any taxes, fees, or shipping charges;
(e) you will not use the Services for any illegal or unauthorized purpose: and
(f) your use of the Services will not violate any applicable law or regulation and generally accepted online practices or guidelines.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current and future use of the Services (or any portion thereof).
RESPONSIBLE USE AND CONDUCT
Wherein, you understand that:
1. You must be eighteen (18) years or older to access this Website. If you are under 18 years old, you are not permitted to access this Website for any reason or to use any of it’s services that require submission of personal information and you should not submit any personal information to us. This includes submitting personal information to this Website as part of a user profile or personalization profile. Due to the age restrictions for use of this Website, no personal information obtained by this Website falls within the Child Online Privacy Protection Act (COPPA) and it thus not monitored as doing so.
2. In order to access our Content and Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use our Content or purchase Products. You agree that any information you provide will always be accurate, correct and up to date.
3. You are responsible for maintaining the safety and confidentiality of any login information associated with any account you use to access our Resources and Services. You are responsible for all activities that occur under your account. The Company has the right to terminate or suspend your login information should we suspect non-compliance by you.
4. Engaging in any activity that interferes or disrupts (or attempting to disrupt) our Website, Content, Services and Products, including our servers or networks is strictly prohibited.
5. Accessing or attempting to access any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access or attempt to access any of our Resources or Services through any automated, unethical or unconventional means.
6. Access to our Services, Content and Products is solely for your personal, non-commercial use.
7. Your use of our Website, Content and Products does not include any right of copying, duplicating, selling, trading or commercial use. These activities are strictly prohibited.
8. Except as outlined elsewhere, no part of our Services, Content, Trademarks, or Products may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
9. You may not frame this site, hyper-link to this site, or co-brand this site without the Company’s prior written consent. You agree to cooperate with the Company in causing any unauthorized hyper-linking, framing or co-branding to immediately cease.
We reserve all rights not expressly granted to you and to the Services, Content and Trademarks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
User Content
Our use of your personally identifiable information is governed by our Privacy Policy. Personally identifiable information that you voluntarily post on any part of this Website or any Company social media accounts that is viewable by the public is not subject to our Privacy Policy and is considered User Content.
The Company may provide Tools on the Website such as comments, forums, or product reviews. You agree that we generally do not monitor User Content posted by other users of these various communication tools.
Any User Content you send to the Company, post on Company social media accounts or post using any Tools on our Website (including but not limited to comments, reviews, pictures, suggestions, ideas, questions, or other communications) will be considered non-confidential and non-proprietary. User agrees to assign all intellectual property rights to the Company from any User Content submitted regarding the Company Services. You agree that the Company shall own this User Content submitted and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree you are and shall remain solely responsible for the User Content of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
The Company is not responsible for the use or disclosure of any personal information that you voluntarily disclose as part of any User Content you submit. We reserve the right to remove any or all User Content that the Company deems inappropriate or unacceptable in any way. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Prohibited User Content
If you choose to use any of these Website Tools to submit User Content to our Website, it is your personal responsibility to use them in a responsible and ethical manner. You agree that you will not upload, post, share or distribute any content that:
a. Is illegal, threatening, defamatory, obscene, abusive, harassing, degrading, fraudulent, deceptive, invasive, suggestive inappropriate or contains explicit language.
b. Is false, inaccurate or misleading information.
c. Infringes on any Trademark, Copyright, or other proprietary right of any party.
d. Contains any form of unauthorized or unsolicited advertising.
e. Impersonates any person or entity including any Company employees.
f. Violates any applicable law, regulation or rule.
g. Violates or links to material that violates any provision of these Legal Terms or any applicable law or regulation.
h. Contains viruses, worms, Trojan horses or other harmful code.
i. Contains personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPPAA”).
You are solely responsible for your submission, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
INTELLECTUAL PROPERTY RIGHTS
The company is the owner or the licensee of all intellectual property rights in our Content and Services. All Content on this Website and all Company electronic and printed Content (except where otherwise noted) are protected as the proprietary information of the Company and are protected under copyright law. All rights not expressly granted are reserved.
Accordingly, any of the Company Website Content, published usage guides, protocols, published works, audio or video content, source code, databases, website designs text, photographs and graphics as well as the trademarks, service marks, and logos may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, unless permission is authorized in writing by the Company.
Materials downloaded may be printed out solely for your own personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, or any other proprietary notice appearing on any of the Company content or Services. Modification or use of the Content except as expressly provided in these Terms and Conditions violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website.
MEDICAL ADVICE DISCLAIMER
The information and Content on this Website is provided for informational and educational purposes only. Our content is not medical advice and is not intended to diagnose, treat, cure or prevent any disease. Our Content is not meant to be a substitute for the advice of your physician or other licensed healthcare provider. The Content on this Website and associated resources is not exhaustive and does not cover all facts that may be relevant to you. We are not responsible for your actions or decisions taken in reliance on the Content and information on this website.
You should always consult with your physician or licensed healthcare professional before beginning any diet, exercise or nutritional supplementation program, before taking any medication, or if you have or suspect you might have a medical condition, especially if you are pregnant or lactating. Please consult with your physician or licensed healthcare professional if you have any questions before using any of Our Products or relying upon our Content you obtain from our Website or Services.
Be sure to discuss with your physician or licensed healthcare provider any medications or nutritional supplements you are using before starting any new medications or supplements.
We, the Company make no Representations or Warranties (and hereby disclaim any representations or Warranties) that any Content, or Information, any Product on this Website, any associated Websites or Affiliate Websites will diagnose, treat, cure or prevent any disease, or contribute in any way to any particular desired result regarding your health and well-being.
THE STATEMENTS AND PRODUCTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA). THE COMPANY PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
TYPICAL RESULTS AND TESTIMONIAL DISCLOSURE
Examples, testimonials and reviews in the Company Website and associated User Content in Company social media platforms are not to be interpreted as a promise or guarantee of improved health and wellness. The testimonials and reviews used are often exceptional results and don’t apply to the average purchaser. As all health issues have inherent risk, the Company Content, reviews and testimonials are not intended to infer or guarantee that anyone will achieve the same or similar results.
PRODUCT SALES AND AVAILABILITY
All of the Products described on this Website are produced by third party companies. All prices displayed on the site are quoted in U.S. Dollars. The Company reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.
SHIPPING
See our Shipping page for details.
RETURNS, CANCELLATIONS AND REFUNDS
See our Returns page for details.
SUBSCRIPTIONS
Billing If you choose to order a product using a subscription, your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The typical length of the billing cycle is monthly.
Cancellation You can cancel your subscription at any time by calling us or using our email contact form on our contact page. Your cancellation will take effect at the end of the current paid term. If you have any questions or have any concerns with our Services, please call or email us using our contact form here.
AFFILIATE DISCLOSURE
Please be aware of the following about details about affiliate relationships the Company has with other companies and products. In compliance with FTC guidelines, please assume the following about all links, posts, photos and other material on this website:
- Some links and/or products recommended on this site may be affiliate links, from which the Company receives a small commission from sales of certain items, but the price is the same for you.
- Affiliate products help the Company offset the growing costs of maintaining websites, providing customer support and creating valuable and informative products.
- Links to products on this Website are products Michelle and Les Moore personally use and recommend to their friends and family, and would recommend without an affiliate link.
- Unless noted otherwise, product reviews are for items that the Company has purchased and for which the Company is not paid or compensated in any way. The Company does not receive free products for review.
- The Company does not allow ads this Website. Therefore, clicking on non-affiliate external website links will not earn the Company any commissions.
- Our primary purpose is to provide high quality, effective and valuable products and information to help you on your journey to optimal health and healing. Therefore, We only link to products or resources that adhere to this purpose.
COPYRIGHTS, TRADEMARKS AND LOGOS
All content and materials available on EmbraceHealthNaturals.com are the intellectual property of the Company.
Trademarks and logos appearing on this Website and within the Company materials and content are property of the Company. All of Our trademarks, service marks and trade names used herein (including but not limited to: the name Embrace Health Naturals, Embrace Health, the Embrace Health Naturals logo, the Embrace Health logo, the Website name, the Website design, and any logos) are our trademarks or registered trademarks of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent.
The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Any reproduction, modification, or transmission in any form for any reasons other than a personal use or short credited quotes is strictly prohibited and will result in legal prosecution. In other words we will prosecute those who copy our Website and electronic or published works in order to sell it, market it under another name, change its content, plagiarize it, or claim to be the inventor of this formula or an essentially similar process.
IMAGES
All images on this Website, as part of our Content and within our published resources are (a) our own images (b) were purchased from stock agencies or are (c) to the best of our knowledge, public domain, non-copyright protected images. If you own an image on the Company Website that is a copyright-protected image, please contact us here.
LINKS TO OTHER WEBSITES
Some links on the site will allow you to connect with sites that are not under our control. The Company provides these links to readers only as a convenience. The appearance of a link does not imply endorsement by the Company. The Company is not responsible for the contents of any linked site. Access them at your own risk.
PRIVACY AND SECURITY
We care about data privacy and security. For an explanation of practices and policies of the Company, related to the collection, use and storage of our online guests’ information, please read our Privacy Policy. For information about the security of your ordering information and credit card number while shopping at the Website, please also refer to our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
ACCESSIBILITY STATEMENT
The Company is committed to ensuring digital accessibility for all users, including those with disabilities. We have made significant efforts to make our Website accessible, and we are continually working to improve the user experience and applying relevant accessibility standards.
Feedback
We welcome your feedback on the accessibility of this Website. If you encounter any accessibility issues or barriers while using this Website, please report them to us.
Click here to send us an email via our contact form or call us at 1-888-660-8944. We will try to respond within 5 business days.
TERMINATION OF USE
You agree that the Company reserves the right to, at our sole discretion and without notice or liability, deny access, refuse Services (including blocking certain IP addresses) cancel orders, close your account, suspend or terminate your access to all or part of our Website, Content and Resources with or without notice and for any reason or no reason, including, without limitation, breach of these Terms and Conditions, reselling any supplements purchased from our Website, or if we believe your conduct is harmful to our interests.
Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Content and Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, and User Content posted at any time, including any account or login information.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
INDEMNITY
In no event shall the Company be liable for any consequential damages arising out of any use of, or reliance on any Content, Services or Products contained herein, nor shall the Company be liable for any corresponding Content, Services or Products of any external Websites listed.
You agree to take full responsibility for your health and well being and you agree to INDEMNIFY, DEFEND and HOLD HARMLESS the Company and their employees, subsidiaries, managers, contractors, affiliates, partners, officers, directors, agents, licensors, service providers, consultants and suppliers (“Indemnified Parties”) from and against all loss, damage, expenses, damages and costs, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) use of the Services; (b) breach of these Terms and Conditions; (c) any breach of your representations and warranties set forth in these Terms and Conditions (d) your violation of the rights of a third party, including but not limited to intellectual property rights; (e) any overt harmful act toward any other user of the Services with who you connected via the Services; or (f) resulting in any violation of these Terms and Conditions.
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, and attorney’s fees of the Indemnified Parties in connection therewith.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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.
LIMITATION OF WARRANTIES
By using the Company Website, you understand and agree that all Content, Services, Software, Information, Products, and Resources we provide are “as is” and “as available” without any warranty whatsoever either expressed or implied.
YOU AGREE THAT YOUR USE OF THIS WEBSITE, SOFTWARE, PRODUCTS, INFORMATION, RESOURCES AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEROF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTEIS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMGEMENT OR THAT THE SERVERS THAT MAKE SERVICES AVAIALBLE WILL BE VIRUS-FREE OR OTHERWISE FREE OF HARMFUL COMPONENTS.
The Company makes no representations about the accuracy or completeness of the Services’ Content or the Content of any Websites or mobile applications linked to the Services and we will assume no liability or responsibility for:
a) Errors, mistakes, or inaccuracies of Content and materials
b) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, Products, Software, Information, and Resources.
c) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
d) Any interruption or cessation of transmission to or from the Services
e) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party and/or
f) Any errors or omissions in any content and materials or for any loss of damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Services.
The Company does not guarantee that the Website, Content, Software, Resources, Products and Services will meet your needs and requirements. The Company does not guarantee that said Content will be free from errors or that said Content will be accurate or reliable or that any defects in operation or functionality will be repaired or corrected.
The Company cannot and does not guarantee or warrant that downloadable files from the Website will be free of viruses or harmful components that may produce destructive properties, or that defects will be corrected even if the Company is aware of them. If you download any information from the Website or its Services, you do so at your own risk. You are responsible for maintaining and securing your devices and for reconstruction of any lost data. The Company cannot and does not assume any responsibility or risk for your use of the internet.
You understand and agree that no advice or information, whether expressed, implied, oral or written, obtained by you from the the Company, Website, Resources, Content, Downloads, Products or through our Services will create any warranty or guarantee except those expressly outlined in these Terms and Conditions.
JURISDICTIONAL
Any dispute arising from these Terms and Conditions shall be resolved exclusively in the state and federal courts of the State of Idaho. The Company make no representation that materials in this site are appropriate or available for use in other locations. If you access this site from outside the United States, be advised this site may contain references to information and services that are not available or are prohibited in your country.
LIMITATION OF LIABILITY
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE WESITE: THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT BE INTENDED AS MEDICAL ADVICE, AND SHOULD NOT REPLACE YOUR RELATIONSHIP WITH YOUR PHYSICIAN OR HEALTHCARE PRACTITIONER.
The Company will not assume any liability or will be liable for any damages to, or for any viruses that may infect your computer, phone, tablet or other device, or other property due to Your access and use of our Website.
YOU EXPRESSLEY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST THE COMPANY SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IN NO EVENT WILL WE OR OUR DIRECTORS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, CONTRACTORS, OR AGENTS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGAES INCLUDING LOST PROFIT, LOST REVENUE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
GOVERNING LAW
These Terms and Conditions will be governed and interpreted pursuant to the laws of Idaho, USA, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Idaho, USA in connection with any dispute between you and the Company arising out of these Terms and Conditions or pertaining to the subject matter hereof. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the State and Federal District Courts in Idaho. The right to trial by jury in any such action is waived by us and by you.
NOTICE FOR CALIFORNIA USERS
If any compliant with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
If any part of these Terms and Conditions 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 and Conditions 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. The Company may revise these Terms and Conditions at any time by updating this posting.
The Company reserves all rights not expressly granted here.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions or if you have any questions or comments, please reach out to us on our contact form.