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Terms
and Conditions
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of
this site agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If you do not
agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates. The collective work includes works
that are licensed to Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates.
Copyright 2002, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates.
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates.
or purchasing Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized
affiliate
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
or to purchase Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
used in the site (including but not limited to the Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
name, Hydro Pulse Nasal / Sinus Irrigation System, Original
Sinus Irrigator Tip, Original Throat Irrigator tip, Clear-ease, and
Breathe-ease) are trademarks or registered trademarks of Health Solutions Medical Products Corp and its authorized affiliates.
Warranty Disclaimer
This site and the materials and products on this site are provided
"as is" and without warranties of any kind, whether express
or implied. To the fullest extent permissible pursuant to applicable
law, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates disclaims
all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
does not represent or warrant that the functions contained in the site
will be uninterrupted or error-free, that the defects will be
corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
does not make any warrantees or representations regarding the use of
the materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions on warranties, so the
above limitations may not apply to you.
Limitation of Liability
Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
has been advised of the possibility of such damages. Applicable law
may not allow the limitation of exclusion of liability or incidental
or consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors
In the event that a Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
product is mistakenly listed at an incorrect price, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
reserves the right to refuse or cancel any orders placed for product
listed at the incorrect price. Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
reserves the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order
is cancelled, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process. These
terms and conditions, or any part of them, may be terminated by Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates.
Miscellaneous
Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
products) must be commenced within one (1) year after the claim or
cause of action arises. Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
failure to insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and
conditions. Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
or other licensed employee, host, or representative, as well as other
members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is
libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of
any party or which may otherwise give rise to liability or violate any
law. You may not upload commercial content on the site or use the site
to solicit others to join or become members of any other commercial
online service or other organization.
Participation Disclaimer
Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates reserves
the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates in
its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or
any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
may link to sites operated by third parties. However, even if the
third party is affiliated with Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates,
Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates.
These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates
seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does
not work).
Return
and Exchanges
At Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates, we stand behind our
products 100 percent. Customer satisfaction is important to us. Unused
merchandise in original condition may be returned for exchange or refund
within 15 days of receipt. Your sales receipt or order number and
reason for return is required to process your return. Because
of state and federal regulations, some personal items such as, (nose drops,
sinus sprays, allergy and sinus supplements, and irrigators are not
returnable once the packaging has been opened. Defective merchandise is
under manufacturer warranty, please refer to the warranty information
enclosed with each product.
Shipping
and handling fees are not refundable. If an item has shipping included
in the price ("shipping included") the customer will be
responsible for the shipping upon return of the item. A return
authorization number MUST be
obtained prior to any return. Any item and/or items return to the Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates without the return authorization number will be
refused and returned back to the sender.
Please
email your request to sales@sinus-allergies.com Any
items returned without this tracking number are not the responsibility of Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates if lost.
Healthy Living Products and/or Health Solutions Medical Products Corp and its authorized affiliates cannot be responsible for lost or
misdirected returns, so for your protection, prepay and insure all returns.
Returns of unwanted merchandise or merchandise ordered in error by the customer must
be approved in advance and may be charged a 15% restocking fee, in addition
to freight charges. There is a minimum restocking charge of $10.
Restocking fees are applied per order, not per item. Returns of this
nature must be shipped freight prepaid by the customer.
We only charge a restocking fee on
non-defective, non-fault returns that are not returned in factory sealed
containers, show noticeable wear or are received after our return
terms expire. We are unable to sell these products as "new"
once they have been returned even though there may be absolutely nothing
wrong with the merchandise. The merchandise is no longer in new
condition or were returned after our defined return terms and cannot be sold
as such. The additional costs would have to be made up by increasing
our prices on our new merchandise. This would mean other customers
would pay for these customers returns, which is not fair and hurts our
business overall by having to increase our prices. The only fair way
to handle non-defective, non-fault returns is to have the person/company
returning the merchandise pay for the wages and loss in revenue incurred by
the return.
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