Welcome to The Healtheory (“Healtheory”, “we”, “us”, or “our”) website, thehealtheory.com (the “Site”), owned and operated by Break North LLC. By using www.thehealtheory.com, you agree to these Terms of Service (“Terms of Service”, “Service” “Terms”, “Conditions”), and to the related Privacy Policy for www.thehealtheory.com.

 

These Conditions apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content. To the extent any other conditions on the Site conflict with any of these terms and conditions, these terms and conditions will take precedent. We reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITIED FROM USING THE SITE AND PLEASE DISCOUNTIUE USE.

 

You should always speak with a healthcare or skincare professional if you have questions about your health or medical conditions. Break North LLC does not warrant and shall have no liability for information provided on this Site regarding recommendations for any and all health purposes. The information on this Site is solely as a guideline to be used when discussing a program with a healthcare or skincare professional.

INTELLECTUAL PROPERTY

Unless otherwise noted, the Site is our proprietary property and all images, illustrations, designs, icons, photographs, video clips, source code, databases, functionality, software, website design, audio, text on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, and international copyright laws. The Contents, and the Site as a whole, are provided “AS IS” and intended solely for informational, personal, non-commercial use by the users of the Site. Except as expressly provided in these Terms of Service, none of the Site and no Content or Marks may be copies, reproduced, republished, uploaded, publicly displayed, transmitted, distributed, sold, licenses, or otherwise exploited for any commercial purposes whatsoever, without our prior express written permission. As the user of the Site, you are granted a limited license to use the Site, and to download or print a copy of any portion of the Content. However, no right, title or interest in any downloaded materials, software, or other Content is transferred to you as a result of such downloading or copying.

 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Healtheory without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Healtheory’s trademarks without the express written consent of The Healtheory. Any unauthorized use terminates the permission or license granted by The Healtheory. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Healtheory.com so long as the link does not portray The Healtheory, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Healtheory logo or other proprietary graphic or trademark as part of the link without express written permission.

 

USER ACCOUNT

 

If you use this Site, you may be asked to register with the Site for the convenience of future use of the Site. When you register with the Site, you warrant that: i) all registration information you submit will be true, accurate, current and complete; ii) you will maintain the accuracy of such information and timely make the update if there is any change of the such information; iii) you have the legal capacity and you agree to comply with these Terms of Service; iv) you are not a minor in the jurisdiction in which you reside; v) you will not access the Site through automated or non-human means, such as a robot, script; vi) you will not use the Site for any illegal or unauthorized purpose; and vii) your use of the Site will not violate any applicable law or regulation.

 

You are responsible for keeping your account log in information confidential and for all activities that occur under your account or password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

PRODUCT INFORMATION

 

We try to be as accurate as possible. However, we do not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a product offered by The Healtheory itself is not as described, your sole remedy is to return it in unused condition. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

PRICE MODIFICATIONS

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

PRODUCT AND SERVICE AVAILABILITY

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to make modifications to product offerings including accessories which may vary due to availability. Images displayed on marketing materials may vary from actual product shipped. All orders are subject to product availability.

 

ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SITE TRANSACTION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether the order has been confirmed or not, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, we shall issue you a refund.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Site. You agree to promptly update your account and other information, including your email address and payment method, so that we can complete your transactions and contact you as needed. All payments shall be in U.S. dollars.

 

You agree to pay all charges at the prices then in effect for your purchase and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested and received the payment.

 

SHIPPING AND DELIVERY POLICY

 

Unless otherwise noted in the ordering pipeline, we ship all items within 2-3 business days after receiving an order. You will receive notification of any delay or cancellation of your order. In the shopping cart, you will receive an Estimated Delivery Date. Please note that this is not a guaranteed delivery date for your order. Shipping rates and delivery depend on the selected shipping speed and weight/size of the items and are subject to carrier delays.

 

Shipping rates will be listed when you process your purchase and before you finalize the order. These shipping charges vary from time to time so please review carefully. Shipping fees are subject to change at any time at our discretion and without prior notice.

 

We offer free shipping on purchases over $100 within contiguous U.S. only. 

 

RISK OF LOSS

 

Items purchased from us may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

 

Due to the nature of our products, RESALE is prohibited. Buyer shall use the device delivered to buyer for the buyer’s user only, and shall not resell, transfer, exchange, or otherwise assign the device without first obtaining the prior written consent from us, which consent may be granted or withheld in our sole discretion. We are not responsible for products that are not sold by us directly, or indirectly through our distributors.

 

RETURN POLICY

 

Please review our Return Policy prior to making any purchase.

 

PRIVACY POLICY

 

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Service. Please note that the Site is hosted in the United States. If you access the Site from another 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 Site, 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.

 

Please review our Privacy Policy posted on the Site.

 

THIRD-PARTY WEBSITES AND CONTENT

 

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We provide these links to you only for convenience and informational purposes only. You agree and acknowledge that we do not endorse the products or services offered on the third-party’s website and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally,  you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting from any third-party content or any contract with third-party websites.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold us (and our officers, directors, agents, contractors, subsidiaries, licensors, service providers, joint ventures, interns and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

DISCLAIMER

 

THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY AND/OR VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE PART TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).  WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU.

 

LIMITATION OF LIABILITY

 

IN NO CASE SHALL BREAK NORTH, LLC, THE HEALTHEORY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOAST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.  BECAUSE SOME STATES OR JURISTIDCTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Virginia applicable to agreements made and to be entirely performed within the State of Virginia, without regard to its conflict of law principles.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT

 

Questions, comments, and requests regarding this Terms of Service are welcomed and should be addressed by post to 1544 Spring Hill Rd. Unit 9013, McLean, VA 22101-0015 or by email to breaknorthllc@gmail.com.