I. Introduction and Intended Audience
These Terms and Conditions set forth the agreement between You and AIHF governing your use of the Website. You agree that all purchases that You make through the Website are subject to these Terms and Conditions.
The Website is intended for use only by natural persons 18 years old and over. By using the Website, you represent that you are 18 years old or over.
II. Privacy Statement
Our Privacy Statement describes how we use and protect your personal information and how and when we share your personal information with others. You should read our Privacy Statement periodically as it is subject to change.
III. Accounts, Usernames, Passwords and Security
You may establish an account and an associated username and password on the Website. You represent and warrant that all account information that you provide to us is complete and accurate. If you set up an account, you are solely responsibly in all respects for all use of the Website made using your account, username and/or password and for keeping them confidential. You agree to notify us immediately if you become aware of any unauthorized use of your account, email address, user name or password or any other breach of the security of the Website.
YOU MAY NOT SHARE YOUR USERNAME OR PASSWORD WITH ANYONE, AND YOU MAY NOT USE ANYONE ELSE’S USERNAME OR PASSWORD. AIHF will not ask you for your username or password via email, telephone or letter. If you know or suspect that your username or password has been compromised, change your password immediately.
Unauthorized use of or access to restricted areas of the Website is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on the Website. If you are not an authorized user of such areas or do not consent to such monitoring, you should not attempt to access such areas.
IV. Intellectual Property Rights
The Website and its contents, including its design, text, graphics, sound, and software are the property of AIHF and/or its licensors and are protected by United States and international copyright law and by trademark law. You may print hard copies of individual pages for your personal, non-commercial use, provided that you retain all copyright, trademark or other notices. You may also make such copies of the Website’s content solely as is reasonably required for you to use, view and interact with the Website in your browser. ALL OTHER USES AND COPYING OF THE WEBSITE AND ITS CONTENT ARE PROHIBITED.
AIHF, American Institute of Healthcare & Fitness, AIHF Online, and the AIHF logo are all trademarks and service marks of AIHF. Other trademarks and service marks referenced in the Website are the property of their respective owners. All use of AIHF trademarks and service marks is strictly prohibited.
V. Not Healthcare Advice
AIHF may use the Website to sell, among other things, herbs, vitamins, nutritional supplements, exercise equipment and instructional material. In addition, the Website may contain health-related information, including but not limited to information about health-related services provided by AIHF and its affiliates.
The information on the Website, including without limitation information relating to medical and health conditions, products and treatments, may be provided in summary or aggregate form and is not necessarily complete. You should not use the information on the Website or products or services sold or referred to therein to diagnose or treat any health issue. Any information on the Website is provided to facilitate your discussions with your physician or health-care provider, and should not be used as a substitute for professional advice.
You should always consult your doctor before starting any nutritional supplement, vitamin, diet change, exercise regime, or other health care-related activity. In particular, before taking any vitamins or other nutritional supplement, you should consult your doctor or healthcare provider regarding interactions between any medication you are current taking and the supplement. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
VI. Product Descriptions, Availability and Orders
All prices, descriptions and features of the products and services described on the Website are subject to change at any time without notice. Content and similar descriptions may be approximate and are provided for your convenience only. The actual colors of items may differ from how they are displayed on your computer screen.
The Website may contain pricing, typographical or other errors. If an item is listed at an incorrect price, or if an item is listed with an incorrect description due to an error in pricing or other product information, we reserve the right, in our sole discretion, to refuse or cancel any orders placed for that item. Some products displayed on the Website may be temporarily or permanently unavailable.
We may limit the quantity of items purchased per person, per household or per order based on your account, credit card information or address.
We may refuse or cancel any order for any reason in our sole discretion, even after you have placed the order on the Website. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
The prices displayed on the Website are quoted in U.S. dollars and do not include shipping and handling costs or sales taxes, if applicable. In addition to the amount you pay us, you may be also liable for tariffs, duties or value-added taxes. You agree that you will pay these to the appropriate authority and will not rely on AIHF to do so.
VII Shipping
When an order is placed, it will be shipped to an address designated by You so long as that shipping address complies with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. All risks of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
VIII. Methods of Payment and Credit Card Terms.
Prior to the purchase of any goods or services on the Website, You must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, You hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
All payments must be made by VISA, MasterCard or American Express. Unless expressly set forth on the Website, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT AIHF, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify AIHF of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If AIHF does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by AIHF or its agents.
IX. Account Suspension and Termination
We may suspend or terminate your account or your use of the Website at any time in our sole discretion. You are personally liable for any orders placed or charges incurred through your account before such suspension or termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.
X. Links to Other Web Sites
The Website may contain links to other sites. These links are provided solely as a convenience to the users of the Website and AIHF is not responsible for the content of such websites. If you choose to use the services provided by those web sites, you may be asked by those web sites to provide certain personal information. You should read and familiarize yourself with the contents of the terms of use and privacy policies of those web sites before giving them your personal information. Our Privacy Statement and these Terms and Conditions apply only to the Website.
XI. Disclaimer of Warranties and Limitation of Liability
THE WEBSITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS;” YOUR USE OF THE WEBSITE IS COMPLETELY AT YOUR OWN RISK. AIHF AND ITS AFFILIATES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABILE FOR ANY DAMAGES OF ANY KIND THAT ARISE IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY (1) FOR ANY DEFECTIVE PRODUCTS OR SERVICES, (2) FOR ANY INCORRECT OR INACCURATE INFORMATION; (3) FOR ANY STATEMENTS OR CONDUCT MADE BY A THIRD PARTY ON THE WEBSITE; (4) AS A RESELLER OF ANY PRODUCTS OR SERVICES; OR (5) AS A PUBLISHER OF INFORMATION. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM A LOSS OF BUSINESS, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, OR LITIGATION) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), AND PRODUCT LIABILITY, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AIHF DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER AIHF NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. AIHF EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
IF THE LAWS OF YOUR STATE DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIHF AND THE USERS OF THE WEBSITE. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND DISCLAIMERS.
In the event the foregoing limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that AIHF’s aggregate liability shall not exceed the larger of thirty dollars ($30) and the total amount of any order in question.
XII. Prohibited Activities
You agree to comply with all applicable local, state, federal, and international laws, rules, and regulations in connection with your use and purchase of any products or services on the Website.
You may not create or maintain any link from another website to any page on the Website other than the main page, without our prior written permission. Running or displaying the website or any information or material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited.
XIII. Changes to these Terms and Conditions
We may revise these Terms and Conditions at any time and from time to time. You should visit this page periodically to review the then-current Terms and Conditions as they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Website.
XIV. Miscellaneous Provisions
Choice of Law and Jurisdiction: These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict-of-laws provisions. Any suit or proceeding regarding the Website or to purchases made thereon shall be brought only in the federal or state courts located in Wake County, North Carolina. You consent to the exclusive personal jurisdiction of such courts and agree that venue therein is proper.
Domestic Use and Export Restrictions: The Website is controlled and operated in the United States of America. We make no representation that the Website, its content or any products or services made available on or through the Website are appropriate or available in other locations. If you access the Website from outside the United States of America, you do so on your own initiative and bear all responsibility for complying with your local laws. You also agree that United States export control laws prohibit the export of certain technical data and software to certain countries and agree not to download or otherwise export any technical data, software, or content from the Website in violation of United States Law.
Non-Waiver: Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver by us of that right or provision.
Captions: The captions in these Terms and Conditions are for the convenience of the reader only and form no part of these Terms and Conditions.
Full Agreement: You agree that these Terms and Conditions contain the full understanding between you and AIHF regarding its subject matter and that they supersede any agreement or understanding between you and AIHF and any prior statement by AIHF to the contrary. You agree that no customer service agent, employee, contractor or consultant of AIHF shall have the power to modify these terms and conditions except (a) by posting a new version of them on the Website or (b) in a written statement signed by such person having legal authority to bind AIHF.
© 2007 AIHF LLC. All Rights Reserved.
