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Terms & Conditions

TERMS OF USE

Welcome!

Thanks for visiting the To Your Health (TyH) website. Your access to and use of this website (the "Website") is conditioned on acceptance of the terms and conditions set forth in this Terms of Use. Read these terms before using the Website. By using this Website, you agree to these terms. If you do not agree to these terms, do not access or use this Website. These Terms of Use may change from time to time and we encourage you to revisit them often. You may wish to also review our Privacy Policy which explains how we protect your privacy during your visit. While the language is legally formal, reading the Terms of Use will explain what we (TyH) and you (the user) can expect from one another.


MEDICAL DISCLAIMER
Information on this Website, including any information contained on or in a product package or labeling, is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use any information on this Website for the purpose of diagnosing or treating a health problem or disease, or for prescribing any medication or other treatment. Before taking any product or service or before trying any treatment described on this Website, you should discuss such with your physician or other healthcare professional. You should read all product labeling and instructions for any products or services purchased from this Website. Contact your doctor or healthcare professional if you have or suspect that you have a medical problem. You should never delay or forgo a consultation with or disregard professional medical advice due to any information you have read or is contained on this Website. 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. / Back to top.

DOCTOR-PATIENT DISCLAIMER
Information provided on this Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our Website. COPYRIGHT & TRADEMARKS "To Your Health, Inc." "TyH", "TyH, Inc." and any and all custom logos, icons, graphics, product names and specific product verbiage are trademarks and/or service marks owned by To Your Health, Inc. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners. Additional information (collectively known as the "Content") which includes graphics, photographs, data, text and typefaces, any sounds or software, and other material on our Website is protected by copyrights, trademarks, or other proprietary rights. These proprietary rights are valid and protected in all technologies, forms and media in existence now or any developed in the future. All Content is copyrighted as a collective work under the United States copyright laws and we own the copyright for all content contained on this Website in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Website for the sole purpose of placing an order with www.e-tyh.com. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content. / Back to top.

YOUR ACCOUNT OBLIGATIONS
As a user of e-tyh.com or tyhonline.com you agree to give TyH complete, current and accurate account information about yourself on all Website forms. You also agree to maintain and provide timely updates to your account information. Deliberately providing inaccurate or false information may result in suspension, termination or denial of future access rights to the Website. If we have reasonable grounds to suspect deliberate falsification of any account information, Website access may be also be denied. Information you provide, account or otherwise, is subject to the terms of our Privacy Policy. You will receive a Login Password only after completing required account information. It is your responsibility to maintain the security of your account on our Website, including your password confidentiality and any other account information. You agree to be fully responsible for all activities and use that occur under your password or account, including all charges resulting from authorized or unauthorized use of your account. You agree to immediately notify us of any known or suspected breach of security or any unauthorized use of your password or account. / Back to top.

USAGE OF OUR WEBSITE BY MINORS
All purchases of products and/or services on our Website must be made by adults 18 years of age or older. All users who register on our Website must be 18 years of age or older (or provide parental consent, see Privacy Policy). Due to the very nature of the internet, we cannot prohibit or be responsible for minors who visit our Website. YOUR CONDUCT ON OUR WEBSITE You agree to use our Website in a manner which will not, according to our sole discretion, inhibit or restrict any other user's use or enjoyment of our Website. While on our Website, you are prohibited from transmitting or posting any unlawful or objectionable material of any kind which includes but is not limited to abusive, defamatory, fraudulent, threatening, harmful, profane, vulgar, sexually explicit, harassing, hateful, ethnically or racially intolerant forms. You are prohibited from using or encouraging conduct that would be unlawful, constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree that you will not intentionally transmit, upload, post, e-mail or otherwise make available any viruses or components that may sabotage any operational aspect of our Website and understand that such action may result in legal process for compensation for any hardships such action would cost us emotionally, financially or physically. You agree not to exploit for commercial purposes by way of reproduction, duplication, copying, selling or otherwise, any portion or use of or access to our Website. You further agree to access our Website only through the interface channel we provide for use in accessing our Website. You hereby acknowledge and agree that violation of any of the Terms of Use or other posted Website policy may result in termination of your access to our Website; deletion of your account, its related files and information; and denial of possible future access to our Website, without any prior notice. / Back to top.

DISCLAIMERS
This Website is provided for your use on an "as is," "as available" basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, "Associates"), do not make any representations or warranties of any kind, express or implied, with respect to our Website or its Content, including, without limitation, the products, services or information offered or sold on or through our Website or any other Website to which our Website links and the uninterrupted or error-free use of our Website. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our Website or files available on our Website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this Website and any site linked to our Website is expressly at your own risk. All information contained on our Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on this Website for the diagnosis of a health problem or the prescription of medication. You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our Website. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our Website. Information provided on this Website and the use of any products or services purchased from our Website by you DOES NOT constitute a doctor-patient relationship between you and any of the physicians affiliated with our Website. 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. Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other Websites that contain links to or from our Website. Because some Websites employ automated search results or otherwise link you to Websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party Websites, and you hereby irrevocably waive any claim against us with respect to such Websites. Price and availability information on our Website are subject to change without notice. / Back to top.

LIMITATION OF LIABILITY
Under no circumstances shall we or any other party involved in creating, producing, or distributing our Website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Website or any data or information transmitted in connection with the use of this Website. (ii) personal injury or death caused by your use or misuse of our Website, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our Website, or (vi) any other matter relating to our Website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our Website. / Back to top.

INDEMNITY
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through our Website, your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another person. / Back to top.

PRIVACY
We respect and protect your privacy as if it were our own. We use the information you provide to us for purposes of servicing your account only. We will not give, sell, or rent your personal information, including email address, or specific account activity to anyone for any reason without your prior consent except as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with any law, regulation, subpoena, or government request, to operate our Website, or to protect our rights or property or the rights or property of our users. Read our full Privacy Policy for additional information. Contact Customer Service if you have any questions regarding your privacy on our website. / Back to top.

EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content derived from our Website to either a foreign national or a foreign destination in violation of such laws. / Back to top.

OUR RIGHTS
We may elect to electronically monitor areas of our Website. We are not responsible for screening, policing, editing, or monitoring Content on our Website. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our Website. We may terminate your access, or suspend your access to all or part of our Website, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. / Back to top.

APPLICABLE LAW; JURISDICTION AND VENUE
We control our Website from our offices within the United States. We make no representation that the Content on our Website is appropriate, legal or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Website, the services provided through our Website or the Content shall be governed by the internal laws of the state of Arizona, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Phoenix, Arizona. / Back to top.

TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our Website. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Website with or without notice. You agree that any termination of your access to our Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Website. / Back to top.

FUNDING
All funding and support of this Website is provided by TyH, Inc., a private, for-profit corporation unless stated otherwise. / Back to top.

ADVERTISING POLICY
All products and services advertised on this Website are for TyH's private, for-profit purposes unless stated otherwise. / Back to top.

GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you (the User) and TyH and govern the use of our Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. / Back to top.

COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on our Website where the material that you claim is infringing your copyright interest is located; Your address, telephone number, and e-mail address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on our Website can be reached as follows:

By mail:
To Your Health, Inc.
12005 Saguaro Blvd, Suite 102
Fountain Hills, AZ 85268

By e-mail
: customerservice@e-tyh.com

COPYRIGHT NOTICE
Copyright ©1994 to Present TyH, Inc. doing business as e-tyh.com, tyhonline.com. All rights reserved. Any rights not expressly granted herein are reserved. / Back to top.