Terms of service
Welcome to HealYes.co (the "Website"), which is owned by by Babes & Babies, LLC, doing business as Heal Yes! Your use of the Website constitutes your agreement to follow these Terms of Use and to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. Heal Yes! may revise these Terms of Use at any time by updating this page and your use of the Website following any revisions is your agreement to be bound them. As such, you should periodically visit this page to review the current Terms of Use.
USE OF WEBSITE
The Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Heal Yes!'s goods and services and/or to otherwise transact business with or contact Heal Yes!, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). You are granted a limited, revocable and non-exclusive right to access and use the Website only for the uses described in these Terms of Use.
PLEASE NOTE THAT YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE.
PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE SITE.
GENERAL
We reserve the right to make occasional updates to these Terms of Use, which govern your use of our Site. If you continue to use our Site after such changes, it indicates your acceptance and agreement to adhere to the modified terms. We may modify, relocate, or remove sections of our Site, and these changes take effect immediately upon being posted on the Site. You acknowledge and consent to the fact that these Terms of Use, including our Privacy Policy, represent the comprehensive and exclusive agreement between you and us regarding your use of our Site. These terms replace and control all previous proposals, agreements, or other communications.
Privacy
All data collected on this Website is subject to our Privacy Policy. Your use of the Website signifies your consent to all actions taken by us concerning your information in accordance with the Privacy Policy.
WEBSITE CONTENT
Unless specified otherwise, all materials on this Site, including images, illustrations, designs, icons, photographs, video clips, and written or other materials (referred to as the "Contents"), are copyrights, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Heal Yes! collectively. The Site, as a whole, is protected by copyright and trade dress, with all worldwide rights, titles, and interests owned by Heal Yes!
All Contents on our Site and the Site itself are exclusively intended for personal, non-commercial use by our Site users. No right, title, or interest in any downloaded materials or software is transferred to you through downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or related software.
Occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions related to descriptions, pricing, and availability. We reserve the right to rectify any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (even after you've placed an order). We apologize for any inconvenience this may cause you.
TRADEMARKS
The website www.HealYes.co, along with all associated page headers, custom graphics, and button icons, are registered service marks, trademarks, and/or trade dress of Heal Yes! These marks shall not be employed in association with any product or service not offered by Heal Yes! in a manner that might cause confusion among customers, or in any manner that tarnishes or undermines the reputation of Heal Yes!
Any reference to other trademarks, product names, or company names or logos in this context is made in acknowledgment of the ownership of the respective owners.
COPYRIGHT NOTICE
All of the content on the Website, including, but not limited to, page headers, images, illustrations, graphics, photographs, audio and video clips and text (collectively the “Content”) is the exclusive property of Heal Yes! and/or is subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses (collectively “Intellectual Property”) held by Heal Yes! Except as expressly provided herein, your use of any of the Intellectual Property is strictly prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Heal Yes! reserves complete title and full intellectual property rights in any Content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content.
NOTICE OF COPYRIGHT INFRINGEMENT
TR respects the intellectual property rights of others. Please notify our Law Department at the address provided below if you believe that any of the Content infringes your copyrights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit Heal Yes! to locate the material on our websites and apps;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an 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 notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
All notices should be sent to:
Heal Yes!
Attention Customer Service
20540 State Highway 46 W Ste 115 # 449, Spring Branch, TX 78070
ORDERING POLICY
For policies related to orders made through our Site, such as order processing and shipping and handling, please refer to the footer of this site. Returns, exchanges, and warranties are addressed herein.
Additionally, some products purchased from the Heal Yes! Website may involve third-party processing, such as laboratories handling blood tests. These products and services are not provided by Heal Yes! Products and services obtained through or provided by third-party websites are subject to the terms and conditions of these third parties and their respective websites. Heal Yes! shall not be liable or responsible for such purchases.
All comments, feedback, postcards, suggestions, ideas, and other submissions (including audio or video recordings and still images) disclosed, submitted, or offered to Heal Yes! through this Site or in connection with your use of this Site (collectively, “Comments") shall become the property of Heal Yes! You hereby assign all worldwide rights, titles, and interests in all copyrights and other intellectual properties in and to such Comments to Heal Yes! Consequently, Heal Yes! will exclusively own all such rights, titles, and interests and is not limited in any way in its use, whether commercial or otherwise, of any Comments. You represent and warrant that no Comments submitted by you to the Site will infringe upon any third-party rights, including copyright, trademark, trade secret, privacy, or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will contain libelous or otherwise unlawful, abusive, or obscene material. You are and will remain solely responsible for the content of any Comments you make or submit.
YOUR ACCOUNT
You have the option to register at our Site. If you choose to do so, you will have an email address/username and password for your account. It is your responsibility to maintain the confidentiality of your account, username, and password and to restrict access to your computer. You agree to accept responsibility for all activities under your account, username, and/or password. You also agree to provide accurate, truthful information. We retain the right to deny service and/or terminate accounts without prior notice if you violate these Terms of Use or if we determine, at our sole discretion, that it is in the best interests of Heal Yes! to do so.
PROHIBITED ACTIVITIES
You agree to utilize our Site in compliance with all regulations, laws, and rules, in accordance with these Terms of Use. You affirm and assure that your Comments and your actions on the Site will not violate the Terms of Use or any third party's rights. Additionally, you acknowledge and consent to the following:
- You will refrain from employing any robots, spiders, computer scripts, or other methods to access, retrieve, scrape, data mine, or index any part of the Site.
- You will not engage in any actions on the Site designed to interfere, disrupt, damage, disable, overburden, or restrict the functionality or performance of any software, hardware, telecommunications equipment, or the Site. This includes, but is not limited to, the submission of viruses, trojan horses, worms, or any other program or code.
- You will not attempt to circumvent or modify the Site's security technology or software.
- You will not use automated scripts to gather information from, or otherwise interact with, the Site.
- You will not impersonate any individual or entity (including merchants) or misrepresent your identity, age, or affiliation.
- You will not try to use another user's account, username, or password.
- You will not engage in stalking, intimidation, abuse, harm, or harassment of any other user of the Site.
If we have reason to believe that you have participated in any of these prohibited activities, we may, at our sole discretion, deny your access to the Site, remove your Comments, and/or pursue legal remedies against you.
LINKS TO OTHER WEBSITES AND SERVICES
In cases where this Site contains links to external services and resources over which Heal Yes! has no control, concerns related to these services, resources, or links should be addressed directly with the specific outside service or resource
ELIGIBILITY – Users Under 18
Our Site is exclusively intended for users aged 13 or older. Usage of the Site by anyone under the age of 13 violates our Terms of Use. By using the Site, you affirm and guarantee that you are 13 years of age or older. If you fall within the age range of 13 to 18, you must obtain permission from your parent or guardian to use the Site and post Comments. We reserve the right to deny access to the Site to any user at any time at our sole discretion.
MOBILE SERVICES
Certain mobile devices may access services and features offered by the Site. Standard rates and fees from your carrier apply. By using our mobile services, you consent to electronic communication to your mobile device and the sharing of specific information about your use of these services with us.
INTERNATIONAL ORDERS
The Site is operated and controlled from our offices in the United States. We do not assert that the content displayed on the Site is suitable or legal for use outside of the United States. If you opt to access the Site from locations outside the United States, you do so at your own initiative and risk. We do not ship to China, the EU, South America, and more; see details within our Shipping Policy section.
SHIPPING POLICY
Domestic Shipping
At Heal Yes! our standard processing time is approximately 2-9 business days. Please note that this timeframe is an estimate and may vary due to factors such as supply chain issues, seasonal demand, or unforeseen circumstances.
Once your order is processed and shipped, standard domestic shipping typically takes an additional 3-7 business days. Shipping times may vary depending on the destination and other external factors. We primarily use USPS for our shipments, but we reserve the right to utilize other couriers as needed to ensure efficient delivery of your products.
International Shipping
For our Canadian customers, we offer free shipping on orders of $150 USD or more. For orders below this threshold, shipping rates will be calculated at checkout based on the order's weight and destination.
For customers in other international locations, shipping rates are calculated at checkout using our shipping calculator, which provides accurate costs based on your location and order details. If your country is not listed at checkout, please contact us, as we may be able to make special arrangements for delivery.
Delivery times for international orders can range from 7-21 business days, depending on the destination and customs processing. While we provide all necessary documentation for smooth customs clearance, any customs fees, import taxes, or duties are the responsibility of the customer and are not included in our shipping costs or product prices.
Shipping Methods and Order Processing
Heal Yes! partners with reputable carriers, including USPS, UPS, and FedEx, to ensure safe and timely delivery of your wellness products. The specific carrier for your order may vary based on your location and selected shipping method.
Under normal circumstances, orders are processed within 1-2 business days. During peak seasons or special promotional periods, processing times may be slightly extended. We will keep you informed via email if there are significant delays in processing your order.
Once your order has shipped, you will receive a confirmation email with tracking information, allowing you to monitor your package’s journey and anticipate its arrival.
Split Shipments: At our discretion, we may choose to ship items in your order separately, especially but not limited to personalized or custom-made products. In such cases, you may receive your items in multiple packages. We will cover any additional shipping costs associated with split shipments, so there is no added expense to you.
Product Care During Shipping
At Heal Yes! we prioritize the integrity of our products during transit. We carefully package items using tissue paper, bubble wrap, and envelopes or boxes, as deemed appropriate and to our discretion.
While we do not use special insulated packaging, please note that some makeup and/or wellness products, such as but not limited to creams, may experience "sweating," and liquid formulas may require gentle but consistent shaking upon receipt. Rest assured, these conditions do not affect the efficacy of the products. However, we advise against leaving packages or formulas in extreme temperatures, as such conditions can compromise formula integrity. Therefore, please choose your delivery location accordingly.
Address Accuracy and Special Requirements
To ensure timely and accurate delivery, please verify that the shipping address you provide is correct and complete. Heal Yes! cannot be held responsible for packages that are undeliverable due to incorrect or incomplete address information.
We are pleased to inform you that we do ship to P.O. boxes.
Lost or Damaged Packages
In the unlikely event that your package is lost or damaged during transit, please contact us promptly. For domestic orders, we request that you reach out within 14 days of the expected delivery date. For international orders, please contact us within 30 days of the expected delivery date.
In addition to reaching out to us, you may also want to contact your local post office or courier for assistance. They may be able to provide information about the status of your package or help you locate it.
If your order includes shipping insurance, this can facilitate the claims process for lost or damaged packages. In such cases, we will assist you in filing a claim with the shipping carrier. Please retain all packaging materials and documentation, as they may be required for the claims process.
Policy Updates and Customer Support
Our shipping policy is subject to change as we continually strive to enhance our services. For the most current version of our shipping policy, please refer to this section in our Terms of Service. In the event of any variances between this shipping policy and the Terms of Service, the Terms of Service will prevail.
PERSONALIZED PRODUCTS
The engraving/personalization services available to our Website customers are subject to the certain guidelines, which prohibit obscene, profane, harassing, threatening, discriminatory, abusive, invasive of privacy rights or otherwise objectionable language in gift messages, as we may determine.
Heal Yes! reserves the right, but is not obligated, to restrict or remove any and all content from a personalized product that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other Heal Yes! customers, or to any other person or entity.
PRODUCT INFORMATION
Most products displayed on the Website are available in select Heal Yes! stores. In some cases, merchandise displayed for sale on the Website may not be available at Heal Yes! stores.
MEDICAL INFORMATION
Heal Yes! products are expressly not intended for the purpose of diagnosing, treating, curing, or preventing any disease or medical condition. It is essential to understand that any attempts to address a medical condition should be undertaken under the careful supervision and guidance of a qualified medical professional. Your role extends to ensuring that our products align with your unique needs and are used in accordance with their intended purpose.
Please be aware that the articles and content provided on this site are for informational purposes only and do not constitute medical advice. The views and opinions expressed in these articles are those of the respective authors and do not necessarily reflect the stance or endorsement of Heal Yes!. It is highly recommended that you consult with a healthcare professional before making decisions related to your health or well-being.
Furthermore, it is of utmost importance to exercise diligence when using our products, particularly in cases where you may have known intolerances, sensitivities, or potential allergic reactions to specific ingredients. Always perform a patch test or consult a healthcare provider if you have concerns about how our products may interact with your individual health profile.
Additionally, these products are not intended for use by persons under 18 years of age unless expressly stated on the product label, and then only under adult supervision.
PROHIBITED RESALE OF PRODUCTS
The products available on HealYes.co are intended solely for personal use and are not for resale, except within the context of wholesale distribution as expressly authorized by us. By using our services and purchasing products from our shop, you acknowledge and agree to abide by this policy.
Reselling products purchased from our ecommerce shop for commercial purposes, other than through authorized wholesale channels, is strictly prohibited. This includes, but is not limited to, selling our products through other online marketplaces, physical retail locations, or any other means of distribution for commercial purposes.
We reserve the right to investigate and take appropriate action against any user found in violation of this policy, including but not limited to suspending or terminating your account, canceling orders, and pursuing legal action if necessary.
If you are interested in wholesale opportunities, please contact our wholesale department for further information and authorization; email hello@livelifepurely.com.
EXCHANGES AND REFUNDS
REFUND POLICY
Definitions/Concepts:
Return for Refund: A "return for refund" refers to the process by which a customer returns a product, and upon successful evaluation, a refund is issued to the original payment method used for the purchase.
Exchange: An "exchange" is the process by which a customer returns a product and, upon successful evaluation, receives a store credit in the form of a discount code that can be used for future purchases on the site. This store credit does not expire and allows the customer to shop again on the site using the provided discount code.
If the customer is not completely satisfied with your order, initiate a return or exchange by emailing hello@livelifepurely.com.
Upon providing you with the return address within the initial 30-day return/exchange period, please ensure the return of your items within seven (7) working days. Items returned after this seven-day timeframe will not qualify for an exchange or refund.
Shipping Costs
When returning an item for a refund to the original payment method, you will be responsible for covering the shipping fees for sending the item(s) back to us. However, if you opt for an exchange, we will cover the shipping costs to dispatch the new item(s) to you.
Processing Time
Upon receiving your package at our facility, there will be a processing period of a few business days (Monday to Friday). In rare cases, this process may take up to 14 days. During this period, our team will verify and account for the items you have returned. Once we receive confirmation from our warehouse, we will contact you via email to acknowledge the receipt of your return and finalize the process.
PRODUCT WARRANTY
Returns and Exchanges Policy
Within 30 Days of Receipt
The customer may request a return or exchange within 30 days of receiving their order. To initiate the process, the customer should contact Heal Yes! at hello@livelifepurely.com, and Heal Yes! will provide guidance.
Return Window Extension
After receiving the return address within the initial 30-day period, items must be returned within seven (7) working days. Items returned after this period will not qualify for an exchange or refund.
Shipping Responsibility
When returning an item for reimbursement to the payment method used for the order, the customer assumes responsibility for the shipping costs. However, if an exchange is requested, Heal Yes! will cover the shipping expenses for sending the new item(s).
Processing Time
Upon the package's arrival at Heal Yes! facility, processing typically takes a few business days (Monday to Friday). In exceptional cases, this process may extend to up to 14 days. During this period, Heal Yes! staff will inspect and account for the returned items.
Confirmation and Finalization
Once the warehouse confirms receipt of the return, Heal Yes! will contact the customer via email to confirm receipt and finalize the return process.
To be eligible for a refund or exchange, items must be full-sized, with at least 90 percent of the product remaining. This measure ensures the policy's integrity and fairness. Items returned broken, defective, or with less than 90 percent remaining will not qualify for a refund. Additionally, please note that gift cards are non-refundable.
Warranty Policy
30-Day Warranty Coverage
All items are covered by a 30-day warranty. During this period, customers may request a full refund, replacement, or exchange for their items. If a defective item needs to be returned, Heal Yes! will provide a prepaid shipping label for exchanges or store credit.
Handling of Issues
In the event of a broken item upon delivery, the customer must notify Heal Yes! within 48 hours of the delivery date. Please attach a picture displaying the issue(s) and provide a description for our records.
Missing Item Resolution
If an item is missing from the package, customers should inform Heal Yes! within 48 hours of the expected delivery date. Heal Yes! may provide a discount code for the missing item's value (with USA shipping covered) or refund the item's value.
Non-Receipt of Package
If tracking confirms delivery but the customer has not received the package, please contact Heal Yes!. If the package is en route back due to an address error not on our end, Heal Yes! will cover the USA re-shipment (at a rate of 4.99 USD) once per year per customer. Multiple address errors will be addressed on a case-by-case basis.
Heal Yes! strives to maintain fairness and integrity in its policies. Therefore, if Heal Yes! determines that a customer is taking unfair advantage of its policy provisions, Heal Yes! reserves the right to discontinue this courtesy for that specific customer.
FINAL SALE ITEMS
To qualify for a refund or exchange, items must be full-sized, with at least 90 percent of the product remaining. Refunds cannot be honored for items that are broken, defective, or more than 90 percent used. Certain items are considered final sales and are not eligible for return, exchange, or refund. These items include the following:
Personalized Products: Any product that has been customized or personalized to your specific requirements.
Sample Sizes: Products offered in sample or trial sizes.
Lab Tests: Products or services related to lab tests or diagnostic services.
Products Marked 'Final Sale': Items specifically labeled as 'final sale' at the time of purchase.
Gift Cards: All gift card purchases are considered final and non-refundable.
Digitally Downloaded Products: This category includes products such as ebooks and digital content, which are not eligible for return.
Please carefully consider these factors before making a purchase decision, as these items are not subject to our standard return and refund policies.
Refund and Return Limitations
Refunds for eligible orders are limited to a maximum of $300 per order. This means that if you qualify for a refund, the total refund amount will not exceed $300. This limitation is in place to ensure fair and consistent processing of refunds while maintaining the quality of our service.
Customer Order Returns Limitation
To provide an efficient and streamlined shopping experience, we also impose a reasonable limitation on customer order returns. Each customer is allowed a maximum of two returns or exchanges per calendar month. This limitation is designed to strike a balance between accommodating customer needs and preventing abuse of our return policy. We understand that there may be exceptional circumstances, and we will review and address those on a case-by-case basis.
WARRANTY DISCLAIMER
THIS SITE AND ALL ITS CONTENTS ARE OFFERED ON AN "AS IS" BASIS WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, TITLES OR IMPLIED ASSURANCES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, OR SUITABILITY FOR SPECIFIC PURPOSES.
DISCLAIMER AND LIMITATION OF LIABILITY
THE WEBSITE AND ALL CONTENT AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT HEAL YES! AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEAL YES! OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Heal Yes! from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
DISPUTE RESOLUTION, MANDATORY MEDIATION, AND BINDING ARBITRATION AGREEMENT
You and Heal Yes! agree that we will resolve any disputes between us through a mandatory three-step process: (1) informal negotiation, (2) mandatory mediation, and (3) binding arbitration. You and Heal Yes! hereby waive any right to a jury trial or court proceedings for any Claim, except as expressly provided herein.
Informal Negotiation
Before initiating any formal dispute resolution process, you agree to first contact Heal Yes! with a description of your complaint or concern, and allow us 30 days to respond and attempt to resolve the issue informally.
Mandatory Mediation
If informal negotiation does not resolve the dispute, you and Heal Yes! agree to participate in mandatory mediation before a mutually agreed-upon mediator. The mediation shall be conducted in accordance with the American Arbitration Association (AAA) Mediation Procedures. The costs of mediation shall be shared equally between the parties.
Binding Arbitration
If mediation does not resolve the dispute, all controversies, claims, counterclaims, or other disputes arising between you and Heal Yes! relating to these Terms of Use or the Website (each a "Claim") shall be submitted for binding arbitration in accordance with the Federal Arbitration Act and the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential to the extent permitted by law.
Arbitration Costs: You will be responsible for an initial filing fee of $250, which will be refunded if you prevail in the arbitration. If you demonstrate that the remaining costs of arbitration will be prohibitive as compared to the costs of litigation, Heal Yes! will contribute up to a maximum of $1,000 towards the administrative costs and arbitrator's fees required for the arbitration. The arbitrator may reallocate the costs of arbitration in the final award if they determine that your claim was frivolous or brought in bad faith. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate, subject to the limitations described in this paragraph.
This agreement to arbitrate does not preclude you or Heal Yes! from seeking action by federal, state, or local government agencies. You and Heal Yes! also have the right to bring qualifying claims in small claims court. In addition, you and Heal Yes! retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor Heal Yes! may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and Heal Yes!'s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Heal Yes!.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HEAL YES! WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Opt-Out Right: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Agreement by sending written notice of your decision to opt out to the following address: Heal Yes! 20540 State Highway 46 W Ste 115 # 449, Spring Branch, TX 78070, United States. The notice must be sent within 30 days of your first use of the Heal Yes! service or website, whichever is earlier. If you opt out of the arbitration agreement, Heal Yes! will not be bound by it either.
By using Heal Yes!'s services or website, you acknowledge that you have read and understood this agreement and agree to be bound by its terms. If you do not agree to these terms, you must not use Heal Yes!'s services or website.
OTHER PROVISIONS
Any action relating to the use of the Website, or any transaction with Heal Yes! must be brought in the state or federal courts located in Spring Branch, Texas. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms of Use will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Customer Reviews
At Heal Yes!, we value the authentic feedback of our customers and encourage the sharing of honest, unbiased reviews of our products and services. We are committed to maintaining the integrity of our review system in compliance with Federal Trade Commission (FTC) guidelines.
By submitting a review, you grant Heal Yes! permission to display your review on our website and potentially use it for marketing purposes. We do not alter or edit customer reviews beyond formatting for readability or removing personal identifying information. All reviews, whether positive or negative, are treated equally as long as they comply with our review guidelines.
Our review guidelines prohibit the use of offensive language, personal attacks, false statements, spam, or content that violates applicable laws. We reserve the right to not publish or to remove reviews that violate these guidelines. We do not remove or refuse to publish reviews solely because they are negative.
Heal Yes! does not offer compensation for reviews, nor do we guarantee the publication of every review submitted. If you have received free products or compensation from Heal Yes! in exchange for your review, you are required to clearly disclose this fact in your review as per FTC guidelines.
We encourage our customers to use reviews as one of many factors in making purchasing decisions. While we believe the reviews on our site to be genuine and accurate, we cannot verify the experiences described in each review. The opinions expressed in customer reviews are those of the reviewer and do not necessarily reflect the views of Heal Yes!.
Product Reactions and Skin Sensitivity
Heal Yes! is committed to providing high-quality, natural products. However, it's important to note that, as with any skincare or wellness product from any company, individual responses can vary significantly. Some users may experience skin reactions or sensitivity to certain ingredients, even those that are natural or organic.
We strongly recommend that all customers perform a patch test before using any new product, regardless of the brand. To conduct a patch test, apply a small amount of the product to a discreet area of skin and wait 24-48 hours to check for any adverse reactions. If you experience any discomfort, redness, itching, or other signs of irritation, discontinue use immediately and consult a healthcare professional.
In the event that you experience an adverse reaction to one of our products, please discontinue use immediately and seek medical attention if necessary. We appreciate being informed of such reactions, as it helps us improve our products, but please understand that reporting a reaction to us does not constitute a formal medical complaint or legal claim.
It is the responsibility of the customer to review product ingredients carefully and consult with a healthcare professional if they have any concerns about using our products, particularly if they have known allergies or sensitivities. This is true for products from any company, not just Heal Yes!.
By purchasing and using Heal Yes! products, you acknowledge that you have reviewed the ingredients and determined that the product is suitable for your use. Heal Yes! shall not be held liable for any adverse reactions or other negative effects resulting from the use of our products, except where such liability cannot be excluded by law.
Packaging and Product Variations
At Heal Yes!, we strive to provide accurate and up-to-date product information and images on our website. However, please be aware that product packaging, formulations, or appearances may change over time. The images displayed on our website are for illustrative purposes only, and actual packaging may vary from what is shown.
Variations in packaging may occur due to various factors, including product updates, seasonal changes, supply chain modifications, or improvements in our packaging processes. These variations do not affect the quality, efficacy, or contents of the product unless explicitly stated otherwise.
Product colors may appear differently on your device's screen compared to the actual product due to variations in display settings and color calibration. While we make every effort to display colors accurately, we cannot guarantee that your device's display of colors will be precise.
In some cases, product formulations may be updated or modified. We always strive to improve our products based on new research, customer feedback, and advances in natural ingredients. We make every effort to update our website promptly with any such changes, but we encourage customers to always review the ingredient list on the physical product packaging before use, as this will be the most up-to-date and accurate information.
By placing an order with Heal Yes!, you acknowledge that the product you receive may differ in appearance from the images displayed on our website, and that formulations may be subject to change. These variations do not constitute a defect in the product or a breach of our agreement with you.
If you have specific concerns about product packaging or formulations, we encourage you to contact our customer service team before placing an order. Heal Yes! reserves the right to discontinue or modify products at any time. We shall not be liable for any loss or damage suffered by you as a result of such discontinuation or modification, except where such liability cannot be excluded by law.
SOCIAL MEDIA LICENSE TERMS
PLEASE READ THESE SOCIAL MEDIA LICENSE TERMS (“TERMS”) THOROUGHLY. THESE TERMS HAVE IMPACT ON YOUR LEGAL RIGHTS. WHEN YOU UTILIZE THE HASHTAG #HEALYES, WHETHER INITIATED INDEPENDENTLY OR IN RESPONSE TO A REQUEST FOR PERMISSION FROM HEAL YES!, YOU CONSENT TO BE BOUND BY THESE TERMS.
Rights You Grant to Heal Yes!
By participating, you hereby grant to Heal Yes! a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sub-licensable right and license to use any and all Content you submit or provide to us (each a “Submission”). This license encompasses our right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display the Content on any of Heal Yes!'s social media accounts, on any digital platforms of Heal Yes! (including websites and email), and on third-party websites, for any purpose, including promotional, publicity, and paid advertising endeavors. If you delete or edit the applicable Submission after agreeing to these Terms or if you later restrict or make the Submission non-public, these Terms will continue to apply with respect to the Content. "Content" in these Terms refers to any social media content, including but not limited to photographs, text, user names, handles, artwork, graphics, moving images, sound, illustrations, or any other materials (including any associated metadata or location information) linked to a Submission.
Our Commitments
It is important to understand that we are not under any obligation to post, publish, or feature the Content in any media. However, should we decide to do so, we reserve the right, at our sole discretion, to remove the Content at any time without notice to you. No monetary compensation will be provided to you by us for the use of the Content in accordance with these Terms. However, we may, at our sole discretion, choose to offer you a promotional item (e.g., a discount or merchandise). Any promotional item provided to you will be considered a gift from us and will not be regarded as compensation for the Submission.
Your Commitments
You affirm and warrant the following:
(1) You own or possess all necessary licenses, rights, consents, and permissions, including the right to use the names, images, and likenesses of any third party referenced or appearing in the Content, to grant Heal Yes! the license and rights described in these Terms.
(2) You and any person whose image appears in the Content are 18 years of age or older.
(3) The Content complies with all terms and conditions of any third-party website or application where you post the Submission.
(4) You will not provide any Content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, disparaging of Heal Yes! or any other brand or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, gender identity, or age.
You agree that any statements, remarks, or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products, or services in your Content, you also agree to disclose any material connections you may have with Heal Yes! or other third-party brands or sellers (e.g., if you are an employee, paid blogger, or recipient of free products/services).
Limitations
You comprehend and consent to waive, to the fullest extent permitted by law, any and all claims against us related to moral rights in the Content. In no circumstance will we be liable to you for exercising any of our rights in and to the Content. You further agree to indemnify, defend, and hold harmless Heal Yes! and its employees, contractors, agents, and affiliates from any and all third-party claims, damages, liabilities, costs, and expenses, including legal expenses and reasonable attorneys' fees, arising from any Submissions and/or Content. These Terms constitute the entire agreement between you and Heal Yes! regarding your Submission(s) and Content. If a court deems any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will be enforced to the maximum extent deemed legally enforceable by the court. These Terms will be governed exclusively by applicable federal law and the laws of the State of Oregon, without reference to its choice of law rules. Nothing in these Terms will be interpreted as a waiver of Heal Yes!'s rights to the Content under federal and state common law and statutes (e.g., rights of public domain and fair use).
Copyright Notices
If you believe your copyright-protected work has been posted by us without your authorization, you may submit a copyright infringement notification to us at hello@livelifepurely.com or by mail at the following:
Heal Yes!
Attn: Privacy
20540 State Highway 46 W Ste 115 # 449, Spring Branch, TX 78070
These requests must comply with the Digital Millennium Copyright Act and should be sent by the copyright owner or an agent authorized to act on the owner’s behalf.
ADDITIONAL SOCIAL MEDIA TERMS
PLEASE READ THESE ADDITIONAL SOCIAL MEDIA TERMS ("ADDITIONAL TERMS") THOROUGHLY. THESE ADDITIONAL TERMS HAVE IMPACT ON YOUR LEGAL RIGHTS AND SUPPLEMENT THE EXISTING SOCIAL MEDIA LICENSE TERMS. THESE TERMS APPLY SPECIFICALLY TO YOUR INTERACTIONS WITH HEAL YES! AND DO NOT OVERRIDE OR SUBSTITUTE THE POLICIES OR TERMS OF SERVICE OF ANY THIRD-PARTY SOCIAL MEDIA PLATFORMS. BY ENGAGING WITH HEAL YES! ON ANY SOCIAL MEDIA PLATFORM, YOU CONSENT TO BE BOUND BY THESE ADDITIONAL TERMS.
1. Platform Policies and Social Media Interactions
While interacting with Heal Yes! on social media platforms, you agree to comply with all relevant third-party social media platform policies and terms of service. Heal Yes! has no control over these external platform policies, and your use of third-party services is governed by their respective agreements. The terms provided herein are in addition to, and do not replace or modify, any obligations you may have under the policies of the social media platforms themselves. Furthermore, Heal Yes!'s responses or engagements on these platforms do not constitute official communications or endorsements unless otherwise stated. For official inquiries or concerns, we encourage you to use our customer service channels.
2. Content Moderation
Heal Yes! reserves the right to moderate discussions on its social media pages at its sole discretion. This may include removing comments, blocking users, or limiting interactions, especially in cases involving inappropriate language, harassment, off-topic remarks, or spam. Any comments making curative, controversial, or unsupported health claims, or promoting angles inconsistent with our guidelines or federal regulations, may also be removed to ensure legal compliance. Heal Yes! prioritizes a safe and constructive community, and decisions made regarding content moderation are final. By participating in our social media spaces, you acknowledge that moderation decisions will be in accordance with relevant laws and guidelines, including those surrounding health claims and public safety.
3. Social Media Campaigns and Promotions
Specific rules for social media campaigns or promotions will be posted separately. Heal Yes! reserves the right to modify or terminate campaigns without notice. Eligibility for campaigns or promotions may be restricted based on factors such as age, location, or account status. Any additional terms related to specific promotions or giveaways are meant to complement these general terms.
4. Influencer and Affiliate Relationships
Influencers and affiliates ("Affiliated Influencers") must establish an official, documented relationship with Heal Yes! through the completion and acceptance of our formal application process. This process includes agreeing to separate affiliate/influencer terms that are specific to Heal Yes! and must be honored throughout the relationship. Affiliation can be documented via email, text, or the Heal Yes! platform, but simply posting content related to Heal Yes! without this formal acceptance does not constitute an affiliation or influencer relationship. Affiliated Influencers are required to clearly disclose their relationship with Heal Yes! in all relevant posts, as mandated by applicable laws and regulations. Failure to provide appropriate disclosures or to comply with our terms may result in the termination of the relationship. Heal Yes! also reserves the right to review and approve influencer content and may request modifications or the removal of content that does not align with our guidelines.
5. Social Media Customer Service
While Heal Yes! strives to respond to social media inquiries promptly, we do not guarantee specific response times. Critical issues should be reported through our official customer service channels. You acknowledge that interactions on social media are public, and sensitive information should not be shared through these platforms.
6. Social Media Features and Functionality
Heal Yes! is not responsible for changes in social media platform features or functionality. Users should refer to platform-specific help resources for technical issues.
7. Social Media Metrics and Analytics
Heal Yes! is not responsible for the accuracy of metrics provided by social media platforms. Users should not rely on these metrics for critical business decisions without independent verification.
8. Cross-Platform Content Sharing
Heal Yes! may adapt content for different social media platforms. Adapted content may not include all information from original posts.
9. Social Media Account Security
Users are responsible for maintaining the security of their own social media accounts. Heal Yes! is not liable for unauthorized access to user accounts or any resulting damages.
10. Use and Remixing of Public Content
Any post that mentions the Heal Yes! brand, whether directly or indirectly, may be used, remixed, downloaded, shared, reused in audio or video formats, or otherwise repurposed by Heal Yes! without prior approval or notice. Heal Yes! may adapt such content for its own marketing, promotional, or creative purposes across various platforms. While Heal Yes! will make every reasonable effort to reach out to content creators when possible, it is not mandatory to obtain permission from the creator before proceeding with remixing, downloading, sharing, or reusing their publicly posted content. By engaging with Heal Yes! on social media, you acknowledge and consent to this potential use of your content. This applies only to public posts, and any private communications or restricted content are not subject to this policy unless explicitly agreed upon.
11. Updates to Additional Social Media Terms
Heal Yes! may update these Additional Social Media Terms without individual notification. Users are responsible for reviewing these terms periodically to stay informed of any changes.
These Additional Social Media Terms, together with the Social Media License Terms, constitute the entire agreement between you and Heal Yes! regarding your social media interactions with our brand. If a court deems any provision of these Additional Terms to be unreasonable or unenforceable in any respect, you agree that these Additional Terms will be enforced to the maximum extent deemed legally enforceable by the court. These Additional Terms will be governed by the same laws as specified in the Social Media License Terms aforementioned.
