HEALUTOPIA TERMS AND CONDITIONS

Please thoroughly review these Terms of Use and Conditions of Sale prior to making an online purchase or utilizing any Healutopia website. These terms establish a legally binding agreement between you and Healutopia. Your compliance is essential for a mutually beneficial and professional relationship.

The website located at www.healutopias.com and all its features, content, and materials, are the property of Healutopia (USA), LLC, and its affiliates. This Agreement, along with our Privacy Policy, constitutes a legally binding contract between you and Healutopia governing your access to and use of our websites, products, and services.

By accessing or utilizing the websites, including placing an online order for any products offered on or through the websites (referred to as "such products"), you hereby acknowledge that you have thoroughly read, comprehended, and consented to be bound by this agreement. This agreement shall be enforceable with the same effect as if you had physically signed it. If you do not agree to the terms and conditions outlined in this agreement, you shall refrain from accessing or using the websites or placing an order online.

We hereby retain the prerogative, at our exclusive discretion, to alter or amend sections of these Terms at any given time. Should such adjustments occur, they will be duly posted on this page, with the date of the last revision clearly indicated at the top. Access to the most recent and effective version of these Terms can be obtained by visiting the "Terms & Conditions" link on the Websites. Your ongoing utilization of the Websites subsequent to the implementation of such modifications signifies your acknowledgment and adherence to the updated Terms. It is advisable to periodically revisit this page to remain informed about any revisions. Should you disagree with these or any subsequent Terms, you are hereby advised against accessing, browsing, or utilizing (or continuing to access, browse, or utilize) the Websites.

Please carefully review these terms, as they contain important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate necessitates that you submit any claims against Healutopia to binding arbitration, with few exceptions. Additionally, you may pursue claims only on an individual basis, not as part of a class action. Furthermore, relief sought, including monetary, injunctive, and declaratory relief, is limited to individual claims. Please note that jury trials or resolution in a court of law may not be available for your claims against us.

 
Eligibility

To access the Websites, individuals must be at least 18 years old and possess the legal capacity to enter into contractual agreements with us, without any restrictions imposed by applicable laws. The Websites are not designed for individuals under 18 years of age, and no such individuals may utilize them. By using the Websites, you confirm that you are at least 18 years of age.

 
AUTOMATIC RENEWAL TERMS FOR SUBSCRIPTIONS

Healutopia provides consumers with the opportunity to acquire "products" through a subscription model, which automatically renews unless explicitly canceled. Upon subscribing, your chosen payment method will be billed every 30 days or according to your selected delivery frequency.

Should you wish to terminate your subscription, you may do so at any time. To prevent recurring charges, it is necessary to cancel your subscription by the final day of your billing cycle. You can initiate the cancellation process electronically by contacting our Customer Happiness Team or by speaking with a Customer Happiness Service Representative at +18326793690. All cancellations become effective on the last day of the billing period.

You must furnish accurate and up-to-date information for your billing account. You are responsible for promptly updating any changes to ensure the accuracy and completeness of your billing details (e.g., alterations to the billing address, credit card number, or expiration date). If your credit card information becomes invalid or is canceled, it is your responsibility to inform us promptly. Modifications to this information can be made by emailing or calling a Customer Service Representative at the provided telephone numbers on our websites or by dialing +18326793690.

Return/Refund Policy

If dissatisfied with our product, you may request a refund for your initial order within 30 days of purchase by contacting us at info@healutopias.com. Please include your name, order number, purchase date, and address/bank details in the email. The item must be returned unused, in original packaging, with all accompanying paperwork and accessories for full credit. Upon receipt, we will provide instructions for returning the product. Refunds will be processed within 6 weeks to your bank account, excluding shipping costs.

User-Generated Content

Subject to the limitations outlined herein, you or third parties may upload or submit any photographs, comments, video clips, reviews, and other communications and content to us (either directly or through our partners, including, without limitation, through Yotpo) on the Websites ("Your Content" or "Third-Party Content," as applicable). Unless otherwise indicated, by posting or submitting Your Content to the Websites, you grant HEALUTOPIA a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (directly and indirectly through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. 

HEALUTOPIA and its affiliates are free to use any ideas, concepts, or know-how contained in Your Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, distributing, and marketing products using such information. HEALUTOPIA is under no obligation (i) to maintain Your Content in confidence, (ii) to pay you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.

You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) Your Content is accurate; and (c) use of Your Content does not violate this Agreement and will not cause injury to any person or entity.

We will not be responsible or liable to you or any third party in any way for the content, completeness, accuracy, or reliability of Your or Third-Party Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. HEALUTOPIA has the right, but not the obligation, in its sole discretion, to monitor, edit, or remove any activity or content or take legal action against you or the third-party responsible for such content. Any content, views, opinions, comments, or questions/responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Websites, HEALUTOPIA, or its products are solely the views, opinions, and responsibility of the parties expressing, submitting, publishing, posting, uploading, or transmitting them and do not necessarily reflect the opinions of HEALUTOPIA. HEALUTOPIA takes no responsibility and assumes no liability for Your Content or for any Third-Party Content.

You hereby authorize HEALUTOPIA and its third-party service providers to derive statistical and usage data relating to your use of the Websites or Products ("Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Websites or Products ("Submissions") provided by you to HEALUTOPIA are non-confidential, and HEALUTOPIA will be entitled to the unrestricted use and dissemination of these Submissions for any purposes, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

User Conduct

Users are required to utilize the Websites exclusively for lawful purposes and refrain from actions that infringe upon the rights of others or impede their enjoyment of the Websites. Prior written consent is necessary for:

(i) Reproducing, renting, leasing, loaning, or selling content obtained from the Websites.

(ii) Modifying, distributing, or reposting any content on the Websites for any purpose.

(iii) Engaging in any form of commercial exploitation of the content on the Websites.

In using the Websites, you further agree:

Certainly, here's the provided text revised into a formal and professional tone in American English:

(a) Refrain from disrupting or compromising the security of the Websites or any associated services, system resources, accounts, servers, or networks accessible through the Website or its affiliates or linked Websites.

(b) Avoid disrupting or impeding other users' enjoyment of the Websites or affiliated or linked Websites.

(c) Abstain from uploading, posting, or transmitting any viruses or other harmful files through or on the Websites.

(d) Obtain express written consent from HEALUTOPIA before using, framing, or employing framing techniques to enclose any HEALUTOPIA trademark, logo, or other proprietary information.

(e) Refrain from reverse engineering or creating derivative works based on the Websites or any content available through the Websites.

(f) Obtain express written consent from HEALUTOPIA before using meta tags or any other "hidden text" utilizing a HEALUTOPIA name, trademark, or product name.

(g) Obtain express written consent from HEALUTOPIA before deep linking to the Websites.

(h) Ensure the accuracy and legitimacy of your identity on the Websites and refrain from sharing your account information or allowing unauthorized access.

(i) Refrain from using the Websites to collect or store personal data about others.

(j) Refrain from attempting to gain unauthorized access to restricted portions of the Websites.

(k) Refrain from posting any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of privacy, or in violation of any law. Do not post copyrighted material unless you own the copyright.

(l) Understand and adhere to HEALUTOPIA's product submission policies, acknowledging that any product submissions made to HEALUTOPIA will not be held in confidence and may be used for any purpose at HEALUTOPIA's discretion.

(m) Ensure compliance with all applicable laws regarding your use of the Websites.

Protection of Intellectual Property Rights and License

You are hereby informed that all content accessible through the Websites, including but not limited to text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Websites solely for the purpose of using or placing an order via the Websites, on condition that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as explicitly provided in this Agreement, nothing contained in this Agreement or on the Websites shall be interpreted as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of HEALUTOPIA's or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

Health and FDA Disclaimer Regarding Information Provided on the Websites

The information provided on this website, including advice and recommendations, is not intended as medical or healthcare advice, nor should it be used for medical diagnosis or treatment of any individual condition. It is not a substitute for professional advice and services from a qualified healthcare provider who is familiar with your unique circumstances. Always seek the advice of your physician or other qualified healthcare provider before making any decisions regarding medical conditions, dietary supplements, or starting new treatments. Consult with a physician or healthcare provider before using any Healutopia products, especially if you are pregnant or nursing, anticipate surgery, are taking medications, have a known medical history, or are under medical supervision. Statements made about the products, including those on this website, have not been evaluated by the U.S. Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any diseases.

 
DISCLAIMER OF WARRANTIES

Please note that the websites and products provided by Healutopia are offered on an "as is" and "as available" basis, unless expressly stated otherwise. Healutopia expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the websites will meet your requirements or that access will be uninterrupted, timely, secure, or error-free. Healutopia makes no warranties regarding the accuracy, quality, or reliability of any information obtained through the websites.

You understand and agree that any material or data downloaded or obtained through the websites is at your own risk, and you will be solely responsible for any damage to your computer system or loss of data. Information provided on the websites is for informational purposes only and should not be considered a substitute for professional medical advice. You should not use the information for diagnosing or treating a medical condition. Please carefully read all product instructions before use. Any advice or information obtained from Healutopia or the websites does not create any warranty not expressly stated herein.

 
Links to Other Websites That HEALUTOPIA  Does Not Control

The website may contain links to external websites or resources, including advertisements, over which HEALUTOPIA has no control. These links are provided for user convenience and should not be construed as HEALUTOPIA's endorsement of third-party content, products, or services. Users access these links and their associated content at their own risk. HEALUTOPIA makes no representations or warranties regarding the content, ownership, or legality of linked websites. Users acknowledge that HEALUTOPIA bears no responsibility or liability for the availability or content of external websites or resources, including any products, advertising, or materials therein. Users leaving the website via such links are subject to the Privacy Policy and Terms of Use of the linked website.

Purchasing Items from Us

HEALUTOPIA reserves the right to modify or discontinue, without prior notice, the specifications, content, messaging, products, and other information, and may adjust prices prospectively without incurring any obligations. While we endeavor to ensure the accuracy, completeness, and currency of website content and prices, we cannot guarantee error-free product descriptions or packaging depiction. Should a product received not match its description or packaging, your sole recourse is to return it in unused and undamaged condition according to our Return Policy, available under Customer Service on our website, for a refund or credit. Descriptions or references to products not owned by HEALUTOPIA do not imply endorsement or constitute a warranty.

Pricing Errors and Omissions: Please be advised that prices, availability, and other purchase terms are subject to change without notice. We endeavor to maintain accuracy on our websites and promptly rectify any discovered errors. However, the presence of a product on our website at a given time does not guarantee its availability at another time. In the event that an error is detected after your credit card has been charged and your order is consequently canceled, a full refund will be issued to your credit card.

Order Placement and Acceptance: Payment must be received by HEALUTOPIA prior to the acceptance of any order. Additional information may be requested if necessary, and HEALUTOPIA reserves the right to cancel or limit an order at any time after it has been placed.

Your agreement to this contract is contingent upon its acceptance. In regard to participation in HEALUTOPIA's auto-renewal subscriptions, you explicitly acknowledge that by submitting your initial order, you accept and understand the terms of the auto-renewal offer and the cancellation policy. Upon receipt of a duly completed order, your authorization, and payment, we will promptly procure the item(s) you have ordered for shipment. Availability of items is subject to change, and we will promptly notify you if any ordered product(s) are unavailable, providing alternative options of equal quality and value.

HEALUTOPIA exclusively accepts orders for personal use, and it is prohibited to resell items offered on the Websites. Should HEALUTOPIA discover any indication of orders being placed with the intention of resale or inappropriate/illegal use of products, we reserve the right to immediately cancel your order, suspend or terminate your account, and pursue all available legal remedies under applicable law. Instances of fraudulent conduct, such as purchasing products with fake or stolen cards, will be reported to relevant law enforcement authorities at the federal, state, and/or local levels. It is incumbent upon you to comprehend and adhere to all applicable local, state, federal, and international laws concerning the possession, use, and sale of any item purchased from this Websites. By placing an order, you affirm that the products ordered will be utilized solely in a lawful manner.

Shipping and Risk of Loss: HEALUTOPIA will include applicable shipping and handling fees in your order. We endeavor to ship products promptly upon receipt of your completed order. Estimated delivery times provided are good-faith estimates and subject to change. Product availability may vary, with some items not available for immediate delivery. In such cases, we will dispatch them as soon as they become available. If there are delays exceeding 30 days from the order date, we will make reasonable efforts to contact you. Should we fail to reach you or if you opt not to proceed with the delayed item, we will promptly issue a refund. Please note, orders with delivery addresses outside the United States may be declined.

Sales Tax: In compliance with U.S. regulations, HEALUTOPIA is obligated to collect applicable state and local sales taxes on orders shipped to certain states. Taxes generally apply to most merchandise, with some exemptions for items such as food products. Taxing authorities may require the taxable amount to include shipping and handling charges, depending on the jurisdiction. HEALUTOPIA adheres to the tax rules of each state, ensuring your final order total includes the appropriate state and local taxes.

Payment Information: When ordering products through our Websites, you must provide accurate, current, and complete payment details. By placing an order, you confirm that the payment information provided is legitimate and authorized. HEALUTOPIA reserves the right to cancel orders or suspend accounts if fraudulent, inaccurate, or incomplete payment details are provided.

International Orders: HEALUTOPIA may not directly sell certain products in jurisdictions outside the United States. While we may accept orders from non-U.S. residents, such orders and sales are subject to conditions and approval. Please note that certain products may not be approved for sale outside the U.S.

(a) You acknowledge and agree that the purchase of any HEALUTOPIA products as a non-U.S. resident shall be subject to the following terms: (i) the products shall be provided ex works from HEALUTOPIA's facilities in the United States in accordance with Incoterms 2010, with all title risk and loss passing to you upon delivery in the United States; and (ii) the products are intended for your personal use only and not for resale or distribution in any manner.

(b) You hereby provide explicit authorization and instruction to HEALUTOPIA to arrange for the loading and shipment of the purchased products to your designated shipping address, and to engage a courier company on your behalf for this purpose.

(c) You assume the role of principal importer of record and agree to assume responsibility for all applicable taxes, shipping costs, customs clearance, duties, and import requirements from HEALUTOPIA's facilities in the United States to your foreign shipping address.

For Canadian Orders Only: You agree not to exceed a ninety (90) day supply of any consumable products within a ninety (90) day period. By placing orders with HEALUTOPIA, you hereby authorize a licensed Canadian customs broker designated by HEALUTOPIA to act as your agent in transacting with the Canada Border Services Agency (CBSA) to facilitate the clearance of your merchandise, account for applicable duties and taxes, arrange for merchandise returns to HEALUTOPIA, and prepare and submit refund claims on your behalf for any returned merchandise. You understand that any refunds of duties and taxes paid on returned merchandise will be sent by CBSA to the customs broker, and that you will obtain the refund directly from HEALUTOPIA. Additionally, you authorize the customs broker to endorse any refund check issued by CBSA in your name to facilitate reimbursement to HEALUTOPIA.

Electronic Communications, Signatures and Agreements

The information conveyed on the Websites constitutes an electronic communication. When engaging with HEALUTOPIA through the Websites or other electronic media such as email, you are communicating electronically. It is agreed that HEALUTOPIA may correspond with you electronically, and such communications, including notices, disclosures, agreements, and others, hold the same legal weight as written and signed communications.

You acknowledge and consent that by selecting the button labeled "SUBMIT," "DOWNLOAD," "I ACCEPT," or similar links as designated by HEALUTOPIA, you are providing a legally binding electronic signature and entering into a legally binding contract. It is recognized that your electronic submissions demonstrate your agreement and intention to be bound by this Agreement and any hyperlinks contained herein.

In accordance with applicable statutes, regulations, rules, ordinances, or other laws, including the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or similar statutes, YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITES OR SERVICES OFFERED BY HEALUTOPIA. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which necessitate an original signature, delivery or retention of non-electronic records, or the use of non-electronic means for payments or granting of credits.

Communications with HEALUTOPIA

Please be advised that telephone communications with HEALUTOPIA are subject to monitoring and recording in compliance with applicable laws. By engaging in such communications, you consent to this practice.

You affirm that all contact details provided to HEALUTOPIA, such as mailing address, email address, and phone numbers, are accurate. You further confirm ownership of any telephone numbers provided. By voluntarily supplying this information, you explicitly authorize HEALUTOPIA to contact you at the provided numbers.

You agree to receive communications from HEALUTOPIA, including emails, pre-recorded voice messages, and autodialed calls (including text messages), pertaining to this Agreement, transactions with HEALUTOPIA, account matters, and promotional offers. These communications may be initiated by HEALUTOPIA, regardless of your enrollment on any state or federal Do Not Call list. Please note that your telephone carrier may impose charges for these calls, for which HEALUTOPIA assumes no responsibility.

HEALUTOPIA may obtain your contact information directly from you or through other lawful means, such as skip tracing. It is your responsibility to inform HEALUTOPIA of any changes to your contact information within 30 days by contacting us via mail or email. Please address any correspondence regarding contact information changes to HEALUTOPIA Customer Service at PO Box 29502 #20782, Las Vegas, NV 89126. Your consent to these communication terms is not contingent upon purchasing with HEALUTOPIA.

 
Limitation of Liability

Except where inapplicable or prohibited by law, such as in the state of New Jersey, it is expressly understood and agreed that under no circumstances shall Healutopia, its officers, employees, directors, service providers, suppliers, agents, or other representatives (collectively referred to as "Healutopia Parties") be liable for indirect, special, incidental, or consequential damages. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages. This applies regardless of the manner in which damages are caused and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from: (1) the use of, or the inability to use, the websites; (2) the use of, or the inability to use, items purchased on the websites; or (3) the cost of procurement of substitute services or items. In no event will Healutopia's total liability to you for all damages, losses, or causes of action exceed the amount you have paid Healutopia in the last six (6) months, or if greater, one hundred dollars ($100).

Because some jurisdictions (including, without limitation, the state of New Jersey) prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you or be enforceable with respect to you. If you are a user from such jurisdictions, the foregoing sections titled "Disclaimer of Warranties" and "Limitation of Liability" are intended to be only as broad as is permitted under the laws of such jurisdiction. If any portion of these sections is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections. If you are dissatisfied with your use of this website, with these terms, your sole and exclusive remedy is to discontinue use of the service.

 
Indemnification

Except where otherwise inapplicable or prohibited by law, and to the fullest extent permitted by law, you agree to indemnify and hold harmless the parties associated with HEALUTOPIA from any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including reasonable attorneys' fees and litigation costs arising from or related to your use or your breach of this Agreement.

 
Termination of Websites

HEALUTOPIA reserves the right, at its sole discretion and at any time, to terminate or suspend the operation of the Websites or your access to them, if HEALUTOPIA reasonably determines that you have violated any of the terms and conditions outlined in this Agreement. Upon termination, you will no longer have authorization to utilize the Websites, and HEALUTOPIA may, at its discretion, cancel any pending orders for products.

 
Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

Please carefully review this arbitration provision to understand your rights fully. Unless prohibited by applicable law, you consent to resolve all disputes arising from any purchases made via these websites, any information provided through these websites, this Agreement (including its formation, performance, or alleged breach), and your use of the websites exclusively through confidential binding arbitration. You acknowledge and agree that by entering into this agreement, you are waiving your right to bring a lawsuit against HEALUTOPIA in court, including the right to a trial by jury, and that certain rights available in court, such as discovery or the right to appeal, may be more limited or may not exist. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such disputes decided in a lawsuit, in court, by a judge or jury trial.

You agree that you may only bring a claim in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, you agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

Arbitration is generally a method of resolving a claim without filing a lawsuit. "Claim" means any dispute between you, HEALUTOPIA, and/or any involved third party relating to your account, your use (defined here), your relationship with HEALUTOPIA, or these Terms. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by HEALUTOPIA or any third party related to your use or attempted use of the products. You, HEALUTOPIA, or any involved third party may pursue a claim. HEALUTOPIA agrees to binding arbitration should it have any claims against you. Likewise, you agree to binding arbitration should you have any claims against HEALUTOPIA. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration: In deviation from binding arbitration, both you and HEALUTOPIA retain the right to pursue any claim within the jurisdiction of a small claims court on an individual basis, exempt from class action. HEALUTOPIA will not compel arbitration for any properly filed individual claim pending solely in such a court. Furthermore, binding arbitration does not extend to disputes involving trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

Mandatory Pre-Dispute Procedures: You acknowledge and agree that before initiating any Claim against HEALUTOPIA (subject to the exceptions above), you will afford us an opportunity to resolve your problem or dispute. This entails furnishing a written description of your issue or disagreement to us, encompassing, but not limited to, information or representations concerning our products upon which you rely. You may submit the written description via U.S. Mail to HEALUTOPIA (USA), Inc., PO Box 29502 #20782.

Commencement of Arbitration: Unless prohibited by law (including, without limitation, the State of New Jersey), You and HEALUTOPIA consent to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above), with any proceeding initiated thereafter being deemed time-barred.

Arbitration Venue: The arbitration proceedings may be conducted within the federal district where you currently reside, for your convenience. It may be convened via teleconference or through written submissions, subject to mutual agreement between you and HEALUTOPIA.

Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

Arbitration Administration: You consent to resolve any disputes through final and binding confidential arbitration, presided over by a single arbitrator selected from retired judges or experienced attorneys with relevant subject matter expertise. The arbitrator shall be chosen from the JAMS Comprehensive Arbitration Rules and Procedures, with the arbitration rules of the selected tribunal being applicable. These rules are obtainable by contacting the designated tribunal.

Authority of the Arbitrator: The arbitrator shall possess exclusive authority to adjudicate any disputes concerning the interpretation, validity, applicability, or enforceability of these Terms and the arbitration provision herein. Additionally, the arbitrator holds sole authority to determine the enforceability of this arbitration agreement against non-signatories and whether non-signatories can enforce this provision against you or HEALUTOPIA.

Arbitration Costs: HEALUTOPIA is responsible for covering all filing, administrative, and arbitrator fees for any arbitration initiated by either party. Each party shall bear their additional fees, costs, and expenses, including those related to attorneys, experts, documents, and witnesses. However, if HEALUTOPIA prevails in the arbitration, applicable law may permit the arbitrator to award attorneys’ fees and costs to HEALUTOPIA.

Arbitration Award. The arbitrator shall adhere to substantive law and may grant any relief permitted by law. Such relief may include individual remedies, such as injunctions and punitive damages, within the bounds of applicable law. Costs or fees may be awarded to the prevailing party only if expressly authorized by law. This provision shall not restrict the arbitrator's authority to grant remedies available under applicable law. Any rendered award shall be accompanied by a written opinion and shall be final, subject to appeal under the Federal Arbitration Act (FAA).

Enforceability. This provision shall remain effective following the termination of your account or relationship with HEALUTOPIA, in the event of bankruptcy, assignment, or transfer. Should the class action waiver be deemed unenforceable, thereby allowing arbitration to proceed as a class or representative action, the entirety of this arbitration provision shall be deemed null and void and shall not apply. If any portion of this arbitration provision (excluding the class action waiver) is deemed unenforceable, the remaining portions shall remain fully enforceable.

Miscellaneous. This provision constitutes the entire arbitration agreement between you and HEALUTOPIA and shall not be modified except in writing by HEALUTOPIA.

Amendments. HEALUTOPIA reserves the right to amend this arbitration provision at its discretion. Your continued use of any HEALUTOPIA websites, purchase of HEALUTOPIA products, or use or attempted use of HEALUTOPIA products signifies your consent to such changes. Material changes to this arbitration provision will be notified to you by HEALUTOPIA. Your continued use of any HEALUTOPIA websites, purchase of HEALUTOPIA products, or use or attempted use of HEALUTOPIA products following receipt of such notice constitutes your acceptance of such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN HEALUTOPIA PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO HEALUTOPIA (USA), INC., PO Box 29502 #20782, Las Vegas, NV 89126; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY HEALUTOPIA PRODUCT YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE HEALUTOPIA PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID, AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

Privacy:

In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Websites is subject to the Websites Privacy Policy, which is hereby incorporated by reference.

Exclusive Venue for Other Controversies:

Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in New York City, New York. Each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Remedies for HEALUTOPIA:

Notwithstanding the arbitration agreement contained in this Agreement, in order to prevent irreparable injury to HEALUTOPIA, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting HEALUTOPIA from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

Trademark Notices:

HEALUTOPIA® is a trademark of HEALUTOPIA (USA), Inc. All other trademarks and service marks displayed on the Websites are the property of HEALUTOPIA or their respective owners. You may not use or display any trademarks or service marks owned by HEALUTOPIA without HEALUTOPIA’s prior written consent. You may not use or display any other trademarks or service marks displayed on the Websites without the permission of their owners.

Copyright Policy

HEALUTOPIA is committed to upholding the principles of copyright and intellectual property rights. Any content suspected of infringing upon these rights may be removed, and access may be terminated for users engaging in such activities. Additionally, HEALUTOPIA complies with the Digital Millennium Copyright Act.

If you believe your copyright has been infringed, please provide the following information to HEALUTOPIA's Copyright Agent:

• An electronic or physical signature from the authorized representative of the copyright owner.
• Description of the copyrighted work being infringed.
• Clear identification of the location of the infringing material on the Websites.
• Your contact information including address, telephone number, and email address.
• A statement affirming your good faith belief that the disputed use is unauthorized.
• A statement, under penalty of perjury, attesting to the accuracy of the information provided and your authorization to act on behalf of the copyright owner.

We appreciate your cooperation in maintaining the integrity of intellectual property rights.

HEALUTOPIA Refer-a-Friend Program Terms & Conditions

As a participant in the HEALUTOPIA Refer-a-Friend program, herein referred to as the "Referrer," you are bound by the HEALUTOPIA Terms & Conditions and Privacy Policy (both available on our websites), in addition to the following supplementary Terms & Conditions:

Referrer Eligibility: Any individual may act as a Referrer, irrespective of their status as a new or existing HEALUTOPIA customer. The Referrer and the Referred Customer must be distinct entities, as determined at the sole discretion of HEALUTOPIA. Referrers are permitted to refer an unlimited number of customers.

Qualified Referral: A Qualified Referral is defined as a purchase made at www.drinkAG1.com by a person (the "Referred Customer") who accessed our website via your unique Refer-a-Friend program link.

Terms and Conditions:

Each Referrer is limited to one Qualified Referral for each Referred Customer. Additional or repeat purchases made by a Referred Customer are not considered additional Qualified Referrals.

Referred Customers must be new customers with no prior purchases at www.drinkAG1.com to qualify as a Referral.

Referred Customers must use the USA/CAN/AUS checkout system. HEALUTOPIA Refer a Friend promotions & rewards are not applicable to users on other storefronts.

Qualified Referrals are only accepted via the HEALUTOPIA websites. Referrals made through phone, email, chat, or any other means of communication will not be accepted.

Referral Rewards:

Referrers earn rewards when the Referred Customer completes their first purchase at www.drinkAG1.com. Referred Customers must have no prior purchases at www.drinkAG1.com (new customers only).

Rewards are delivered as a single, one-time-use promotional code for $15 off a future purchase.

Promotional codes may be used towards one purchase at a time and cannot be stacked or combined with other offers.

Promotional codes may be redeemed at checkout on www.drinkAG1.com or within the Customer Portal for HEALUTOPIA subscribers.

Promotional codes expire after one year.

Eligibility:

The Refer-a-Friend Program is open to individuals in the US only. Businesses, corporations, or affiliate lead generation are not eligible to participate.

No Spam:

Referrers must comply with all up-to-date "SPAM" laws. Distribution of referral links via unsolicited commercial email or "spam" is strictly prohibited.

 
Right to Close Accounts:

HEALUTOPIA reserves the right to close the accounts of any Referrer and/or Referred Customer if the program is used in a questionable manner or if these Terms & Conditions are violated.

Right to Cancel Program or Change Terms: 

HEALUTOPIA reserves the right to cancel the Refer a Friend Program or change these Terms & Conditions at any time in its sole discretion. Unclaimed referral rewards will be forfeited accordingly.
 

Other Important Terms

HEALUTOPIA may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.

You acknowledge and understand that if HEALUTOPIA is unable to provide the products as a result of an event outside of its control, HEALUTOPIA will not be in breach of any of its obligations to you under this Agreement.

Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with HEALUTOPIA. No delay by HEALUTOPIA in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect HEALUTOPIA's ability to exercise that right or remedy subsequently. These Terms (together with any terms incorporated by reference herein) constitute the entire agreement between you and HEALUTOPIA relating to the subject matter herein. HEALUTOPIA must agree to any waiver in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. With respect to any disputes or claims not subject to arbitration, as set forth above, you and HEALUTOPIA agree to submit to the personal exclusive jurisdiction of the state and federal courts located within New York County in New York State.

Contact Us

Questions about this Terms of Use should be sent to us at: info@healutopias.com