Terms and Conditions of Website Use

1. Introduction

Our websites, healthitimprove.com and Health It!.custhelp.com (collectively, our “Websites”), are owned and operated by Health It!, Ltd. d/b/a Health It! + Outdoors, and/or its parents, affiliates, or subsidiaries (collectively, “Health It!,” “we,” “us,” or “our”).  We provide our Websites and corresponding features to you subject to the following Terms and Conditions of Website Use (these “Terms of Use”).  If you visit or shop at our Websites, you accept these conditions. Please read them carefully.

Health It! reserves the right to change these Terms of Use, and all other policies governing our Websites, privacy, and usage, at any time. We will alert you to these changes by noting the date that these Terms of Use, and all other policies governing our Websites, privacy, and usage, were last updated.  Your continued use of our Websites following the posting of changes means that you accept such changes. It is your responsibility to check these Terms of Use, and all other policies governing our Websites, privacy, and usage, each time you use our Websites, so that you can take note of any changes we may make.  Any changes apply only from the date on which they are reflected in these Terms of Use or other policies governing our Websites, privacy, and usage.

 


 

2. Accounts

Our Websites allow you to place orders quickly and easily by setting up a password protected account. If you create an account, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, username, or password. Your use of the registration process on our Websites is personal to you and is not transferable. You agree to: (a) provide true, accurate, current, and complete registration information about yourself on all forms you complete; and (b) maintain and update this information to keep it true, accurate, current, and complete; and (c) immediately notify Health It! of any suspected unauthorized use of your account, username, or password.

 


3. Ordering

When you place an order on our Websites, Health It! will not charge you for your order until we receive authorization for your payment method. Health It! reserves the right, at any time after receipt of your order, to accept, decline, or cancel your order, or any portion thereof, even after your receipt of an order confirmation. We also reserve the right, at our sole discretion, to limit the quantity of items ordered, refuse service to any customer, terminate accounts, remove or edit content, and/or prohibit sales to dealers. Some situations where we may cancel your order include inaccuracies or errors in product or pricing information, limited quantities, or problems with the chosen payment mechanism. In certain circumstances, we may require additional information or need to verify information before accepting your order.  The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.

 


4. Pricing

All prices, features, content, and specifications listed on our Websites for product or services are subject to change at any time without notice. Health It! strives to provide the most accurate pricing and product information possible. In spite of such efforts, however, pricing and product information errors on our Websites may occur. You agree that Health It! shall not be responsible for any such pricing or product information errors. Health It! cannot confirm the accuracy of the price of an item until after Health It! has processed and completed your order. In the event that an item is listed at an incorrect price, Health It! shall have the right to refuse or cancel any orders placed for that item.  In no case will Health It! charge you more than the listed price for an item without your consent.  Please note that sometimes a price of an item online may not match the price in our retail stores, and Health It! reserves the right to maintain different prices for items offered for sale through different channels.

 


5. Payment

Health It! reserves the right to change accepted payment methods at any time without notice.

 


6. Risk of Loss

All purchases from our Websites are made pursuant to a shipping contract, which means that the risk of loss and title for such purchases pass to you upon our delivery to the carrier designated for shipment.

 


7. Returns

Health It! is committed to customer satisfaction and keeping our prices low every day, and our return policy reflects this commitment.  Our complete return policy is available in our stores and online at healthitimprove.com.

 


8. Website Access

Health It! grants you a limited license to access and make personal use of our Websites, but not to download (other than page caching) or modify it, or any portion of it, without the express written consent of Health It!. This license does not include any resale or commercial use of our Websites or their contents; any collection and use of any product listings, descriptions, photos, or prices; any derivative use of our Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Our Websites or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Health It!. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Health It!, or use any meta tags or any other “hidden text” using Health It!’s name or trademarks, without the express written consent of Health It!. Any unauthorized use terminates the permission or license granted by Health It!. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Websites, so long as the link does not portray Health It!, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Health It! logo or other proprietary graphic or trademark as part of the link without the express written consent of Health It!.

By using our Websites, you certify that you are at least 18 years of age. If you are under the age of 18, you may use our Websites only with the permission of your parent or guardian who agrees to be bound by these Terms of Use and is responsible for your actions. If you are a parent or guardian, you are responsible for the use of our Websites by your child, including all purchases made by such child. Health It! does not knowingly collect personal information about children under the age of 13 without prior parental consent of such collection of personal information.

You agree that you will not do any of the following in connection with your use of our Websites: (a) fail to follow these Terms of Use; (b) abuse your Website privileges; (c) misrepresent personal information that is provided to Health It! by you or anyone else acting on your behalf; (d) act in a manner inconsistent with or in violation of any applicable local, state, federal or other applicable U.K. or foreign law, statute, regulation, directive or ordinance; (e) do anything detrimental to the interests of Health It!; (f) use, or attempt to use, any part of our Websites for purposes such as, by way of example and not limitation, tampering, hacking, spoofing, using robots or scripts, or otherwise corrupting the administration, security, or proper function of any part of our Websites; (g) reverse-engineer, decompile, disassemble or otherwise alter our Websites or otherwise attempt to discover the source code or structural framework thereto; (h) access or attempt to access any part of our Websites for which you do not have authorization; (i) do anything which would create or impose an unreasonable or disproportionately large burden or load on Health It!; (j) frame or link to our Websites except as permitted in writing by Health It!; or (k) interfere with or disrupt our Websites or servers or networks connected to our Websites, or disobey any requirements, procedures, policies or regulations of our Websites.

Health It! reserves the right at any time and from time to time to add, change, discontinue, remove or suspend any other content displayed on our Websites, including features and specifications of products and services described or depicted on our Websites, temporarily or permanently, at any time, with or without notice. You agree that Health It! shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Websites.

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

 


9. Third-Party Links and References

Our Websites may contain links or references to names, marks, products or services of third parties, or links to other websites on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply Health It!’s endorsement, sponsorship or recommendation of the third party or its information, products or services. If you use these references or links, you may leave our Websites and you do so entirely at your own risk. Health It! is not responsible for, and does not make any representations regarding any third party’s products, services, practices, policies, or website content.

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.

 


10.     Information Ownership and Accuracy

Any information communicated to Health It! through the use of our Websites, including but not limited to notes on message boards, suggestions, ideas, e-mails, or other similar content (collectively “User Generated Content”) become the property of Health It!. Other than personal or financial information submitted by a user, Health It! is entitled to use any User Generated Content without restriction or compensation to the person submitting the information.

Health It! is not responsible for monitoring any message boards, chat rooms, customized gift messages, or on-line forums that appear on our Websites, and Health It! reserves the right to remove or edit, in whole or in part, any material we deem objectionable, offensive or inappropriate at any time. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, discriminatory, harassing, pornographic, profane, racially-derogatory, ethnically-derogatory or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Health It! assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, error, omission, inaccuracy, obscenity, pornography, profanity or danger.

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.

Information on our Websites includes products, services and content that is available in or applicable to the United Kingdom and is in compliance with UK laws only. If our Websites are accessed from outside the United Kingdom, the user is responsible for compliance with all applicable local laws.

 


11.     Privacy

 

Our Privacy Policy governs your visit to and use of our Websites and all interactions with Health It! involving personal information, and it is located at: healthitimprove.com.

Your use of Google Maps within Health It!’s websites may involve use of Google Maps. Your use of Google Maps is subject to the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy and any other documents referenced therein), copies of which are located at:
Health It! is not responsible for Google’s terms and conditions and will not provide notification to you if those terms change. You are solely responsible to check Google’s terms and conditions for any updates or changes.

 


12.     Security

Health It! takes reasonable precautions to protect sensitive and personal information submitted by users of our Websites. For example, in order to protect your sensitive financial information, we encrypt your financial card information using the industry standard Secure Socket Layer (SSL) technology, thereby securing the transmission of such information over the Internet between your computer and the servers we use to process your order. Health It! also has satisfied its requirements under the Payment Card Industry (“PCI”) security standards, which protects your credit card information by ensuring that it is processed, stored, and transmitted in a secure manner. We use your personal information to fulfill your orders and requests, and we do not retain your credit card information. We currently use a third-party processor for credit card information, so you provide you information directly to that processor, not to us.  You can find more information on security in Health It!’s Privacy Policy located at: healthitimprove.com.

 


13.     Product Descriptions

Health It! attempts to be as accurate as possible in describing its products and services. In so doing, however, Health It! does not warrant that product descriptions or other content of our Websites are accurate, complete, reliable, current, or error-free. If a product or service offered by Health It! is not as described, your sole remedy is to return it pursuant to the Return Policy.

Certain products or services offered by Health It! may have special restrictions or conditions of use, and you can find these unique restrictions and/or conditions of use on the websites page associated with each specific product or service. Any listed restrictions and/or terms of use represent those provided to Health It! by the product manufacturer or distributor, or service provider, at the time Health It! posts such products or services for sale. Health It! provides these restrictions and conditions of use as a convenience to our customers, but Health It! does not warrant that such content is accurate, complete, reliable, current, or error-free. You agree to abide by any restrictions and terms of use for your purchases, and also any other restrictions and terms of use applicable to your purchases based on your jurisdiction.

 


14.     Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Health It! and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these Terms of Use, including any restrictions or prohibitions specified above or any other restrictions related to the products you have purchased; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law or regulation, including those applicable to the products or services sold by Health It!.

 

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.

 


15.     Disclaimer of Warranties and Limitation of Liability

OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Health It! MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES OR THE INFORMATION, CONTENTS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OUR WEBSITES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Health It! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Health It! DOES NOT WARRANT THAT OUR WEBSITES, THEIR SERVERS, OR E-MAIL SENT FROM Health It! ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Health It! ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN OUR WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS FROM OUR WEBSITES.

Health It! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITES, MATERIALS ON OUR WEBSITES, OR THE PRODUCTS OR SERVICES OFFERED BY Health It! OR ON OUR WEBSITES. SINCE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Health It!’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITES.

FOR WARRANTIES ON PRODUCTS, PLEASE REFER TO PRODUCT(S) PRODUCT PACKAGING, AND PRODUCT-SPECIFIC PAGES ON OUR WEBSITES.  EXCEPT AS STATED HEREIN, Health It! MAKES NO IMPLIED WARRANTIES.

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.

 


16.     Copyright

The contents and compilation of our Websites are the property of Health It! or other respective owners that have granted Health It! the right and license to use such material and protected by United Kingdom and international copyright laws. All Rights Reserved. All software used on our Websites is the property of Health It! or its software suppliers and protected by United Kingdom and international copyright laws.

Health It! respects the intellectual property rights of others and will investigate notices of alleged copyright infringement related to our Websites.  If you believe any material accessible on or from our Websites infringe your copyright, you may request removal of that material (or access to it) from our Websites by submitting written notification to our copyright agent designated below. We will respond to properly submitted notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).  When a proper notice is received, Health It! will respond by either removing access to the material or by taking down the allegedly infringing material. Under the DMCA, Health It! is required to take reasonable steps to notify the user who posted the allegedly infringing content that Health It! has taken down the material and that user is allowed under the law to send a counter-notification.  If Health It! receives a proper counter-notification, Health It! will restore the relevant material and notify you of such events and provide you a copy of the counter-notification.

Your written notice (the “DMCA Notice”) should include the following:

1.     Identify the copyrighted work(s) you believe to have been infringed.

2.     Identify the material(s) the copyright owner believes to be infringing in a manner reasonably sufficient to allow us to locate that material on the Websites. If multiple copyrighted works are covered by a single notice, a representative list of such works should be provided.

3.     Adequate information by which we can contact the copyright owner directly: name, street address, telephone number, and email address (if available).

4.     Include the following statement:  “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or I am authorized to act on behalf of the owner with regard to the alleged infringement.”

5.     Include the following statement:   “I have a good faith belief that the use of the material in the notification is not authorized by the copyright owner, its agent, or the law.”

6.     A physical or electronic signature of a person authorized to act on behalf of the owner of the alleged infringed copyright.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

If you believe that your material was removed or disabled but is not infringing, or that you have proper authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the material, you may send a counter-notification to our DMCA Designated Copyright Agent.

Your written counter-notification should include the following:

1.     Identify the content that has been removed or to which access has been disabled and the location of the content before it was removed or disabled.

2.     Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.

3.     Provide your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located and that you will accept service of process from the person or an agent of such person or entity who provided the original notification of the alleged infringement.

If you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your DMCA Counter-Notification may not be effective.

All notices should be sent to our DMCA Designated Copyright Agent at either of the following addresses:

By Mail:
ACTIVE MENS HEALTH LIMITED
Attn: Legal – Intellectual Property (DMCA Designated Copyright Agent)
5 Manfred Rd, London SW15 2RS
+44 20 7946 0905

By Email:
Legal-IntellectualProperty@healthitimprove.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  The DMCA also provides substantial penalties for a false counter-notice. Those who make misrepresentations in their counter-notification statement may be liable for any damages (including costs and attorneys’ fees) incurred by any copyright owner, copyright owner’s authorized licensee or by Health It!, if injured by relying upon such misrepresentation.

 


17.     Trademarks

All trademarks, logos, service marks, and trade names are the property of Health It! or other respective owners that have granted Health It! the right and license to use such marks. Use of these marks without the written consent of Health It! or the owner of the mark is expressly prohibited.

 


18.     Applicable Law

Your use of our Websites shall be governed in all respects by the UK Law without regard to choice of laws provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in London. Any cause of action you may have with respect to the Site must be commenced within one year after the cause of action arises.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, as well as any other written policies referenced herein or posted on our Websites, represent the entire agreement between Health It! and you relating to the subject matter herein. Health It! reserves the right to make changes to our Websites, policies, and these Terms of Use at any time.

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 18.

 


19.      Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Health It! and you agree that Health It! and you will resolve any disputes, claims or controversies (“Claims”) on an individual basis, and that any Claims brought under these Terms of Use in connection with our Websites or any Health It! product will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Health It! and you further agree that Health It! and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with our Websites.

As set forth in SECTION 18 above, Health It! and you agree that all Claims must be litigated in the state courts located in London, UK.

The terms of this provision will also apply to any Claim asserted by you against any parent or affiliated company of Health It! to the extent that any such Claims arise out of your access to, and/or use of our Websites, and/or the provision of content, services, and/or technology on or through our Websites.

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 19.

 


20.     Limited Time to File Claims

You and Health It! agree that any Claim arising out of your use of any Health It! Website or application or claim regarding any Health It! product will be asserted within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 21 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 20.

 


21.     Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.