In these terms and conditions, "we" "us" and "our" refers to HEALTHY TIMES, INC., a California corporation. Your access to and use of all information on this website (healthytimesca.wpengine.com), including but not limited to the purchase of our products, general website access and browsing and content contribution, is provided subject to the following terms and conditions.
We reserve the right to amend these terms and conditions at any time, and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We recommend that each time you access our website, you read these terms and conditions. If you do not consent to all terms and conditions, then you are not authorized to access the website or its services.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will be required to provide a password and you agree to pay for our services, as set out on our website.
- We reserve the right to suspend or terminate your access to all or any part of our website at any time, including your registration, if you breach these terms and conditions or we believe in our reasonable opinion that you are misusing our website.
- We strive to ensure that our products or product pricing are described as accurately and up to date as possible on our website. Where we become aware of the need to update a description or product pricing, we reserve the right to do so at any time without notice, in our sole discretion.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.
Our Website Services
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to become a registered user or purchases through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current, however we give no guarantee as to the availability of any product advertised on our website.
- All prices are in US Dollars (USD). We reserve the right to amend our prices at any time.
- Shipping is an additional charge, calculated at the time of purchase in accordance with your address for delivery.
- We undertake to accept or reject your order within 3 days. If we have not responded to you within 3 days, your offer is deemed to be rejected. We are not required to give a reason for rejecting your offer to purchase, however the most likely reason is that we do not currently have that product in stock. We reserve the right not to sell our product to any person, region or jurisdiction, for any lawful reason.
- Once you have submitted an order, you may not cancel your order (even if our acceptance or rejection of your offer is still pending).
- Legal title to all products purchased on this website passes to you when we receive payment (“Product Sale”). By purchasing, you agree that the relevant Product Sale is to be taken to have occurred and the sales contract formed in the State of California and is to be governed by the laws of the State of California, notwithstanding the location in which you reside or are located at the time you place your order or make your payment. Following the Product Sale, the transportation of your ordered product to your address for delivery is undertaken by the transportation carrier acting as your agent (“Delivery”). For the avoidance of doubt, Product Sale or Delivery shall not be construed or interpreted as creating any agency relationship between us and any person, including you.
- Delivery of your ordered product will be as set out on our website. Our terms of payment are set out on the order page.
- All risk of loss or damage to your ordered product passes to you when we dispatch the product.
Order Cancellation Due to Error
- Where a product has been listed at the incorrect price, with incorrect descriptive information or image due to a typographical error, or with a similar oversight, we reserve the right to cancel your transaction.
- Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- We undertake to replace any product delivered to you that is faulty or is in a damaged condition.
- If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage, where we set out our requirements relating to return of such goods.
- If we are unable at the time of return to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase, including packaging and postage charges.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only and provided you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Our website is protected by the laws of the United States and other international trademark and copyright laws. You are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice and terminate your access if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website, nor of the information, goods or services which they provide. We do not warrant and will not be liable for any such information, goods or services.
- You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text is owned or licensed by us.
- All trademarks, brands and logos whether or not identified with the symbols TM or ® which are used on this website are either owned or licensed by us. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (“Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material, including its legality, originality and copyright. We assume no responsibility or liability for any comments provided by you or any third party. You agree to indemnify and defend us from all claims arising from any comments which we receive from you.
- While we have taken due care in providing the information on our website, we do not provide any warranty either express or implied, including without limitation warranties of title or implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability and non-infringement.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website, such as advertisements and endorsements belonging to other traders or merchants. Responsibility for the content of such material rests with the owners of that material, and we are not responsible for any errors, inaccuracies or omissions in such material.
Limitation of Liability
- The laws of certain states and jurisdictions provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in these terms and conditions is taken to exclude, restrict or modify any guarantee, condition or warranty that we are prohibited by law from excluding, restricting or modifying. If such a statutory guarantee applies to these terms and conditions and we breach it, we accept liability for such breach. But, where it is lawful, and fair and reasonable to do so, our liability is limited to the, resupply of the relevant product or payment of the costs of resupplying the relevant product.
- To the maximum extent permitted by law, we do not accept liability for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, suffered by you arising from product(s) we have supplied or from your access and use of our website.
Your liability to us
- By accessing our website, you agree to indemnify, defend and hold us harmless for all claims, demands, actions, damages, costs and expenses including reasonable attorney’s fees, made by any third party arising from or in connection with your use of our website, any breach of these terms and conditions, or your violation of any law or the rights of any third party.
- These terms and conditions are entered into in the State of California and are governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. The venue for any legal proceedings involving these terms and conditions will be in the appropriate forum in the County of San Diego, State of California. You agree to submit to the jurisdiction of those courts and waive any jurisdictional objections If action is commenced to enforce these terms and condition, the prevailing party will be entitled to its reasonable attorney’s fees and costs.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.
Blog Access and Use
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered within this blog for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this blog is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any offerings or information available through our blog meet your specific requirements.
- Unauthorized use of this blog may give rise to a claim for damages and/or be a criminal offense.
- We reserve the right to moderate any and all posts, comments or other interactions with our blog.
- Posts which contain banning or other words that can be perceived as derogatory, strong and personal attacks on other participants in the comments, and opinions that essentially has nothing with the contents of the article to do are likely to be moderated.
If you wish to contact us about these terms and conditions, please use the following contact information: by email at [email protected] or by mail at Healthy Times, 225 Broadway, Suite 450, San Diego, California US 92101
TERMS & CONDITIONS
NO PURCHASE OR PAYMENT
NECESSARY TO ENTER THE SWEEPSTAKES. A PURCHASE DOES NOT INCREASE YOUR CHANCES
- SWEEPSTAKES PERIOD: The Healthy Times Sweepstakes (Sweepstakes) begins at 12:00 AM Eastern Time (ET) on August 25, 2019 and ends at 11:59 PM ET on September 15, 2019 (Sweepstakes Period). The Sponsor’s (as defined below) computer shall be the official timekeeping device for the Sweepstakes.
- ELIGIBILITY: The Sweepstakes is open to legal U.S. residents, who are 21 years of age or older as of date of entry. Employees of the Sponsor, its subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies (collectively, Released Parties), and their immediate family members (spouses, domestic partners, parents, children, and siblings) and household members of each (whether related or not) are not eligible to participate or win. Void wherever else prohibited or restricted by law. All applicable federal, state and local laws and regulations apply.
- HOW TO ENTER: During the Sweepstakes Period, post a picture of your little one enjoying Healthy Times products on the Sponsor’s Instagram page, @Healthytimesbaby (Website) and tag the Sponsor in the post for an entry into the Sweepstake (Entry). Entries will not be judged but must adhere to the Submission Guidelines indicated in Rule #4. Entries must be received during the Sweepstakes Period to be included in the draw. Multiple entrants are not permitted to share the same post to submit an Entry. Normal internet/phone access and data/usage charges imposed by your phone/internet service provider may apply. One (1) Entry is all that is needed to be eligible to during the Sweepstakes Period, but additional entries may be obtained via social sharing functionality within the Sweepstakes, in accordance and compliance with the rules and regulations of the social channel being used.
- SUBMISSION GUIDELINES: In the event the Sponsor, in its sole discretion, determines that any Entry contains content that does not comply with these Official Rules or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify and remove the Entry or, if Sponsor so determines, edit the content of the Entry. All Entries must comply with these Official Rules and the registration instructions in order to be eligible. Any Entry deemed inappropriate or unsuitable, in Sponsor's sole discretion, will be disqualified. Entry must not contain material that is inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group). Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Any Entry or portion thereof that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, or mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to, brand names, slogans, political, or religious statements), or is otherwise objectionable, will not be considered and will disqualify the Entry. Entries must be in keeping with Sponsor's image/brand image as determined by Sponsor, in its sole discretion, or Entry will be disqualified. The Entry must not disparage persons or organizations associated with Sponsor.
- RANDOM DRAWINGS: One (1) winner will be randomly selected on October 1, 2019 from among all eligible Entries received by the end of the Sweepstakes Period. The Prize winner will win the Prize indicated in Rule #7. Random drawing will be conducted by the Sponsor and their decision is final on all matters relating to the Sweepstakes. The odds of winning will depend on the total number of eligible Entries by the end of the Sweepstakes Period.
- WINNER NOTIFICATION: The winner will be notified by email and subsequently sent their Prize within four to six weeks after October 1, 2019. Non-compliance with any specified timeframe or these Terms and Conditions, or declining the Prize for any reason, will result in disqualification without further notice and an alternate winner may be selected.
- PRIZES & APPROXIMATE RETAIL VALUES (“ARVs”): The winner will win a: one (1) year supply of Hugga Bear Vanilla Cookies (12 full size products) or any 1 flavor of the Sponsor’s Organic Baby Cereals (12 full size products); and one (1) $100 Amazon gift card, which may be used at Amazon.com, (ARV up to $175.00 USD) (Prize).
- GENERAL RULES: No transfer, assignment, substitution or cash equivalent for Prize will be permitted, except at the sole discretion of the Sponsor due to Prize unavailability for any reason. In such circumstance, an alternate Prize of equal value will be awarded (except as specifically stated above) and Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. The Released Parties assume no responsibility or liability for damages, losses or injury resulting from acceptance or use of any Prize. In no event will more than the stated Prizes be awarded. If an entrant submits more than the stated number of Entries permitted, and/or if the Sponsor suspects that an entrant attempted to obtain additional Entries by using multiple email addresses, registrations, identities or any other method, all Entries submitted by the entrant may be declared null and void. Entrants/winners/travel companion agree to release, discharge and hold harmless Released Parties from and against any and all liability (including damages caused or claimed to be caused) arising out of participation and/or acceptance/use of a Prize, and agree to be bound by the Official Rules and Sponsor’s decisions, which are final. Acceptance of a Prize constitutes permission for the Sponsor and its agencies to use winner’s names and/or likenesses and Entries for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. All Entry material submitted will not be returned. The Released Parties are not responsible for any typographical or other error in the printing of the Sweepstakes material, administration of the Sweepstakes or in the announcement of the Prize. The Released Parties are not responsible for faulty, incorrect, undeliverable or mis transcribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer, phone/device related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Sweepstakes. In the event of a dispute as to any Entry, the authorized account holder of the email address indicated on the Entry will be deemed to be the entrant. “Authorized email account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holders associated with the Entries. The Released Parties assume no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in their sole discretion. In the event of termination, a notice will be posted online and the drawing will be conducted from among all eligible Entries received by the end of each Entry Period and overall prior to termination. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized email account holder of the email address submitted at the time of Entry. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Winners are responsible for applicable federal, state and local taxes (if any). The Prize winner may be issued a 1099 tax statement with the IRS, based on the actual retail value of the Prize. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Released Parties are not responsible for faulty, incorrect, undeliverable or mis transcribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer, phone/device related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Sweepstakes. In the event of a dispute as to any Entry, the authorized account holder of the email address indicated on the Entry will be deemed to be the entrant. “Authorized email account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to show proof of being the authorized account holders associated with the Entries. The Released Parties assume no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in their sole discretion. In the event of termination, a notice will be posted online and the drawing will be conducted from among all eligible Entries received by the end of each Entry Period and overall prior to termination. Any damage made to the Website by an entrant will be the responsibility of the entrant and/or the authorized email account holder of the email address submitted at the time of Entry. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Winners are responsible for applicable federal, state and local taxes (if any). The Prize winner may be issued a 1099 tax statement with the IRS, based on the actual retail value of the Prize.
- DISPUTES: Except where prohibited, Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Sweepstakes, and the decisions by Sponsor are final and binding on all matters relating to the Sweepstakes. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the laws of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
- SPONSOR: Healthy Times Inc., 225 Broadway, Suite 450, San Diego, CA 92101.