TERMS & CONDITIONS
Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree
that access to and use of this site are subject to the following terms and
conditions and other applicable laws. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of The Holistic Highway, LLC.
The collective work includes works that are licensed to The Holistic Highway,
LLC. Copyright 2023, The Holistic Highway, LLC ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of
this site for the sole purpose of placing an order with The Holistic Highway,
LLC or purchasing The Holistic Highway products. You may display and,
subject to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas of
the site solely for your own non-commercial use, or to place an order with The
Holistic Highway programs or to purchase The Holistic Highway products. Any
other use, including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless authorized
by The Holistic Highway, LLC. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Holistic Highway,
Uniquely Yours Skincare or Vedaceuticals used in the site are trademarks or
registered trademarks of The Holistic HIghway, LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and
without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, The Holistic Highway, LLC
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. The Holistic Highway, LLC does not represent or warrant
that the functions contained in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. The Holistic
Highway, LLC does not make any warranties or representations regarding the
use of the materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above limitations may
not apply to you.
Limitation of Liability
The Holistic Highway, LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if The Holistic Highway, LLC
has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Holistic Highway product is mistakenly listed at an incorrect
price, The Holistic Highway reserves the right to refuse or cancel any orders
placed for a product listed at the incorrect price. The Holistic Highway, LLC
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, The
Holistic Highway, LLC shall issue a credit to your credit card account in the
amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the
site and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by The Holistic Highway,
LLC without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
The Holistic Highway, LLC may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to The Holistic Highway, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of Rhode Island, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited to the
purchase of The Holistic Highway programs or products) shall be in the state
or federal courts located in Bristol County, Rhode Island. Any cause of action
or claim you may have with respect to the site (including but not limited to the
purchase of The Holistic Highway programs or products) must be commenced
within one (1) year after the claim or cause of action arises. The Holistic
Highway, LLC’s failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. The
Holistic Highway, LLC may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Holistic Highway, LLC or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join or
become members of any other commercial online service or other
organization.
Participation Disclaimer
The Holistic Highway, LLC does not and cannot review all communications
and materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, The Holistic Highway, LLC is
merely acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on the site.
However, The Holistic Highway, LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to The Holistic Highway, LLC in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Holistic Highway, LLC
its officers, directors, employees, agents, licensors and suppliers (collectively
the “Service Providers”) from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting from any violation of
these terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, The Holistic Highway,
LLCmay link to sites operated by third parties. However, even if the third party
is affiliated with The Holistic Highway, LLC, The Holistic Highway has no
control over these linked sites, all of which have separate privacy and data
collection practices, independent of The Holistic Highway, LLC. These linked
sites are only for your convenience and therefore you access them at your
own risk. Nonetheless, The Holistic Highway, LLC seeks to protect the
integrity of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well (including if a
specific link does not work).
SMS/MMS MOBILE MESSAGE MARKETING
PROGRAM TERMS AND CONDITIONS
The Holistic Highway, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and participate
in subject to these Mobile Messaging Terms and Conditions and Privacy
Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in
to or participating in any of our Programs, you accept and agree to these
terms and conditions, including, without limitation, your agreement to resolve
any disputes with us through binding, individual-only arbitration, as detailed in
the “Dispute Resolution” section below. This Agreement is limited to the
Program and is not intended to modify other Terms and Conditions or Privacy
Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile
messages by affirmatively opting into the Program, such as through online or
application-based enrollment forms. Regardless of the opt-in method you
utilized to join the Program, you agree that this Agreement applies to your
participation in the Program. By participating in the Program, you agree to
receive autodialed or prerecorded marketing mobile messages at the phone
number associated with your opt-in, and you understand that consent is not
required to make any purchase from Us. While you consent to receive
messages sent using an autodialer, the foregoing shall not be interpreted to
suggest or imply that any or all of Our mobile messages are sent using an
automatic telephone dialing system (“ATDS” or “autodialer”). Message and
data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or
no longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out
of the Program. You may receive an additional mobile message confirming
your decision to opt out. You understand and agree that the foregoing options
are the only reasonable methods of opting out. You acknowledge that our text
message platform may not recognize and respond to unsubscribe requests
that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or
QUIT keyword commands, such as the use of different spellings or the
addition of other words or phrases to the command, and agree that The
Holistic Highway and its service providers will have no liability for failing to
honor such requests. You also understand and agree that any other method of
opting out, including, but not limited to, texting words other than those set forth
above or verbally requesting one of our employees to remove you from our
list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that
opt into the Program can expect to receive messages concerning the
marketing, promotion, payment, delivery and sale of The Holistic Highway’s
coaching programs or products. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to
receive messages periodically at Our discretion. Daily, weekly, and monthly
message frequency will vary. The Program involves recurring mobile
messages, and additional mobile messages may be sent periodically based
on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the
number you received messages from or email us at
info@theholistichighway.com. Please note that the use of this email address is
not an acceptable method of opting out of the program. Opt outs must be
submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages)
if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and
may not be available in all areas at all times and may not continue to work in
the event of product, software, coverage or other changes made by your
wireless carrier. We will not be liable for any delays or failures in the receipt of
any mobile messages connected with this Program. Delivery of mobile
messages is subject to effective transmission from your wireless service
provider/network operator and is outside of Our control. Carriers are not liable
for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and
be a wireless service subscriber with text messaging service. Not all cellular
phone providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are
under thirteen (13) years of age. If you use or engage with the Platform and
are between the ages of thirteen (13) and eighteen (18) years of age, you
must have your parent’s or legal guardian’s permission to do so. By using or
engaging with the Platform, you acknowledge and agree that you are not
under the age of thirteen (13) years, are between the ages of thirteen (13) and
eighteen (18) and have your parent’s or legal guardian’s permission to use or
engage with the Platform, or are of adult age in your jurisdiction. By using or
engaging with the Platform, you also acknowledge and agree that you are
permitted by your jurisdiction’s Applicable Law to use and/or engage with the
Platform.
10. Prohibited Content: You acknowledge and agree to not send any
prohibited content over the Platform. Prohibited content includes: – Any
fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
stalking activity; – Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and discrimination on the basis of
race, sex, religion, nationality, disability, sexual orientation, or age; – Pirated
computer programs, viruses, worms, Trojan horses, or other harmful code; –
Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received; – Any content that implicates and/or
references personal health information that is protected by the Health
Insurance Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health Act (“HITEC” Act);
and – Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or
controversy between you and Us, or between you and any other third-party
service provider acting on our behalf to transmit the mobile messages within
the scope of the Program, arising out of or relating to federal or state statutory
claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of
the scope or applicability of this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law, determined by
arbitration in Rhode Island before one arbitrator. The parties agree to submit
the dispute to binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) then in
effect. Except as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which The Holistic
Highway’s principal place of business is located, without regard to its conflict
of laws rules. Within ten (10) calendar days after the arbitration demand is
served upon a party, the parties must jointly select an arbitrator with at least
five years’ experience in that capacity and who has knowledge of and
experience with the subject matter of the dispute. If the parties do not agree
on an arbitrator within ten (10) calendar days, a party may petition the AAA to
appoint an arbitrator, who must satisfy the same experience requirement. In
the event of a dispute, the arbitrator shall decide the enforceability and
interpretation of this arbitration agreement in accordance with the Federal
Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing
Emergency Measures of Protection shall apply in lieu of seeking emergency
injunctive relief from a court. The decision of the arbitrator shall be final and
binding, and no party shall have rights of appeal except for those provided in
section 10 of the FAA. Each party shall bear its share of the fees paid for the
arbitrator and the administration of the arbitration; however, the arbitrator shall
have the power to order one party to pay all or any portion of such fees as
part of a well-reasoned decision. The parties agree that the arbitrator shall
have the authority to award attorneys’ fees only to the extent expressly
authorized by statute or contract. The arbitrator shall have no authority to
award punitive damages and each party hereby waives any right to seek or
recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both
parties agree otherwise in a signed writing, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form
of a representative or class proceeding. Except as may be required by law,
neither a party nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent of both parties,
unless to protect or pursue a legal right. If any term or provision of this Section
is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality,
or unenforceability shall not affect any other term or provision of this Section
or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This arbitration
provision shall survive any cancellation or termination of your agreement to
participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act
and the Florida Do Not Call Act as applicable to Florida residents. For
purposes of compliance, you agree that we may assume that you are a
Florida resident if, at the time of opt-in to Program, (1) your shipping address,
as provided is located in Florida or (2) the area code for the phone number
used to opt-into the Program is a Florida area code. You agree that the
requirements of the Florida Telemarketing Act and the Florida Do Not Call Act
do not apply to you, and you shall not assert that you are a Florida resident, if
you do not meet either of these criteria or, in the alternative, do not
affirmatively advise us in writing that you are a Florida resident by sending
written notice to us. Insofar as you are a Florida resident, you agree that
mobile messages sent by Us in direct response to mobile messages or
requests from You (including but are not limited to response to Keywords,
opt-in, help or stop requests and shipping notifications) shall not constitute a
“telephonic sales call” or “commercial telephone solicitation phone call” for
purposes of Florida Statutes Section 501 (including but not limited to sections
501.059 and 501.616), to the extent the law is otherwise relevant and
applicable. 13. Miscellaneous: You warrant and represent to Us that you have
all necessary rights, power, and authority to agree to these Terms and perform
your obligations hereunder, and nothing contained in this Agreement or in the
performance of such obligations will place you in breach of any other contract
or obligation. The failure of either party to exercise in any respect any right
provided for herein will not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force and effect
and enforceable. Any new features, changes, updates or improvements of the
Program shall be subject to this Agreement unless explicitly stated otherwise
in writing. We reserve the right to change this Agreement from time to time.
Any updates to this Agreement shall be communicated to you. You
acknowledge your responsibility to review this Agreement from time to time
and to be aware of any such changes. By continuing to participate in the
Program after any such changes, you accept this Agreement, as modified.