In addition to the user responsibilities described for each benefit below and rules associated with each transaction you perform, you agree to the following:
Profile. You agree to provide true, accurate and complete information (including username and a active cell phone number) in your Profile and to maintain and promptly update it as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, we have the right to terminate your use of the Service and to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Healthy Place Botanicals to make any inquiries it considers necessary to validate your profile information.
Email address. You have the sole responsibility for providing us with a correct and operational email address. Many notifications that we normally provide will be made to this email address and may not be available by mail. We will not be liable for any undelivered email communications or any costs you incur for maintaining Internet access and an electronic mail account. You must promptly notify us of any change in your email address. If you do not have an email address and wish to provide us with the email address of another person who will forward any email communications to you, you may do so at your own risk. If you provide us with an email address, then you consent to the transmission of related information via unsecured electronic mail.
Hacking. If you use or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Protecting Against Unauthorized Use. You agree to keep your User Name and Password (collectively "Access ID") confidential and to contact us IMMEDIATELY if you have any reason to believe that another person has obtained or has the means to obtain your Access ID. You agree that you will not reveal your Access ID to any other person, or take actions that could cause your Access ID to be revealed to any person, whether intentional or not (e.g., writing down your Access ID in a document easily seen by others, using an unsecured electronic mailing to transmit your Access ID, providing your Access ID to your administrative assistance to check your account balance). Do not reveal your Access ID to any person who contacts you (e.g., who calls you or sends you an electronic mail) even if that person claims to be from Healthy Place Botanicals. Our customer service agents may request your Access ID to verify your identity, but only on a telephone call that you have placed to us. If we believe that someone else other than you is accessing or modifying your account information or calling us claiming to be you, we will immediately take action to protect your account, including deactivating your account and/or notifying you.
You represent and warrant that you own the copyright to or have obtained the written permission of the copyright owner to use the images, photographs and materials submitted, posted or displayed by you on any Healthy Place Botanicals replicated web site or mobile application (the “User Content”). You, and not Healthy Place Botanicals, are entirely responsible for all User Content that you upload, post, transmit, or otherwise make available on or through any Healthy Place Botanicals replicated web site or mobile application. By submitting User Content to us or posting or displaying User Content on a Healthy Place Botanicals replicated web site or mobile application, you agree that (i) the User Content shall not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, (ii) the User Content shall not contain any viruses or other contaminating or destructive devices or features, (iii) the User Content shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content, and (iv) the User Content shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Healthy Place Botanicals assumes no responsibility or liability for the deletion, corruption or loss of any User Content, or for our failure to receive or store User Content for any reason, including, without limitation, malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.
Electronic Delivery and Communication
By using this Service, you agree to form a contractual relationship with Healthy Place Botanicals using electronics means. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Healthy Place Botanicals web site and/or delivered to your electronic mail address. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right but assume no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by terminating this Agreement.
There are no fees associated with becoming a Healthy Place Botanicals’ wholesaler. There are no fees associated with the administration of your wholesale account. You acknowledge that an account is considered to exist once you enroll as a wholesaler. Healthy Place Botanicals will process payments for products associated with your account and reserves the right to assess fees directly to you for any services you request that are outside the scope of services agreed to by Healthy Place Botanicals (such as for stopping payment on and reissuing a reimbursement or direct payment).
Use of the Service as a wholesaler gives you the option to pay via a variety of preferred payment methods including; Yocoin, Etherium, Bitcoin, Check (USA only), Money Order, or PayPal to purchase products
Advantages and Disadvantages
The advantage of using YoCoin as a payment method for Service will guarantee a 10% discount on product purchases. The advantage of using Etherium as a payment method for Service will guarantee a 5% discount on product purchases. The advantage of using Bitcoin as a payment method for Service will guarantee a 2.5% discount on product purchases. The disadvantage of using PayPal as a payment method for Service will cost an additional 5% fee on product purchases. Use of the Service as a retail distributor may produce income and could result in substantial profits. The tax benefits of operating the Service as a home-based business can be lucrative. If your situation qualifies, you can deduct a portion of your home’s expenses, such as mortgage interest, property taxes, utilities and repairs and maintenance, against your business income. To qualify, your home office must be your principal place of business and you can only deduct the proportionate amounts of the total expense which are directly related to your business. There is no guarantee you will earn money by using the Service unless you make sales.
Limitation On Availability
The availability of the Service may be subject to interruption and delay due to causes beyond our reasonable control (e.g., power outages, acts of nature, acts of war or terrorism) and causes within our reasonable control (e.g., routine maintenance). We are not liable for damages due to interruption or delay in the availability of the Service.
Changes To This Agreement
We may amend this Agreement at any time by posting the amended terms to the Healthy Place Botanicals web site. Amendments will generally be effective immediately without notice to you unless required by applicable law. In such instances, those amendments will be effective on the effective date stated in such notice. Your continued use of the Service constitutes acceptance of the amended terms. If you do not agree to the amended terms, you may terminate your use of the Service by contacting us. You may request a paper copy of this Agreement as amended at any time by calling our toll free number. This Agreement was last modified on 10/28/2016.
"Healthy Place Botanicals", and its logo are registered trademarks of Healthy Place Botanicals, Inc. All Healthy Place Botanicals line of products are registered trademarks of Healthy Place Botanicals, Inc. Other marks may be owned by their respective holders. No license for these marks is granted to any end-user.
The Healthy Place Botanicals Service, web sites, mobile applications, data and other contents, paper forms, brochures and materials, and downloadable documents are copyrighted and/or proprietary properties of Healthy Place Botanicals. During the term of this Agreement, we grant to you a non-exclusive, non-transferable, limited license to use the Service at such time as it is generally available solely in accordance with the terms of this Agreement. You agree not to alter or remove any copyright or other proprietary notices or any disclaimers included within the Service.
Term And Termination
This Agreement will remain in force until terminated. You may terminate this Agreement by contacting us via electronic mail or our toll free number. We may terminate this Agreement at any time without notice to you, and will do so if you violate any of the terms of this agreement. If you as a wholesaler, cease to be a customer of Healthy Place Botanicals, or if there is a material breach of any provision of this Agreement other than in the case of fraud, termination will have no impact on any payments outstanding.
Not a Bank
You acknowledge that (1) the Service is not a banking service, (2) Service accounts are not insured by any government agency of any nation, and (3) the Service is not subject to banking regulations.
Disclaimer of Warranty
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY WHATSOEVER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, USEFULNESS, COURSE OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
WITH THE EXCEPTION OF ACTUAL DAMAGES CAUSED BY ITS OWN WILLFUL MISCONDUCT OR FRAUD, HEALTHY PLACE BOTANICALS IS NOT LIABLE FOR ANY LOSSES OR DAMAGES TO YOU OR ANY OTHER PERSON AS A CONSEQUENCE OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Healthy Place Botanicals from and against any and all claims, suits, proceedings, disputes, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or in any way connected to: (i) your use of and access to the Service; (ii) your violation of any term of this User Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this User Agreement and your use of the Service.
This Agreement may not be assigned, sublicensed or otherwise transferred by you. Should any provision of this Agreement be held to be unenforceable by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. All remedies are independent of each other.
This Agreement shall be governed by and construed under the laws of the State of Delaware without regard to conflicts of laws and provisions. You hereby consent to the jurisdiction of the state courts of Delaware and the federal courts within the state with respect to any claim relating to this Agreement. The Disclaimer of Warranty, Indemnity and the Other Provisions sections of this Agreement shall survive the termination of this Agreement. The terms specified herein set forth the entire understanding and Agreement between Healthy Place Botanicals and you and supersede any prior or contemporaneous oral or written agreements or representations.
For assistance, contact Healthy Place Botanicals customer service at (800) 555-5555 or (800) Healthy Place Botanicals