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 law. If you do not agree to these terms and conditions contained in this agreement, you may not access or otherwise use this site.
This Terms of Use agreement is available for users on every page of the High Level Wellness website. By using this site, or ordering products from High Level Wellness, you signify your assent to this agreement. (References to "you" or "your" shall relate to the Customer; references to " High Level Wellness " shall relate to High Level Wellness Information Services Ltd and its affiliates.) High Level Wellness is providing this site and its contents on an "as is" basis. High Level Wellness and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. High Level Wellness and its affiliates 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. No oral or written statements by High Level Wellness or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.
HEALTH DISCLAIMER NOTICE
High Level Wellness recommends that you consult with a healthcare professional prior to taking any nutritional supplements or discontinuing/changing your use of any medications. For any suspected or known illness or health concern always consult with a physician or healthcare provider prior to the purchase or use of any health related product. The products offered by High Level Wellness in our store and online are not offered as a treatment or cure for any medical conditions, but only as nutritional support for various health concerns. The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information on this website is often provided in summary or aggregate form, and may not be construed as medical advice or instruction. All information and product descriptions on this website are provided for educational purposes only. No action should be taken solely on the content of this website, regardless of perceived scientific merit. Users should consult their health care professionals on any matter related to their health.
Information contained within this site, from High Level Wellness and/or its affiliates, has not been evaluated by Health Canada or the FDA in the United States, and is not intended to diagnose, treat, cure or prevent any disease. The information on this website should not be used as a therapeutic modality or as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging. Any information presented herein, or information received via telephone or email, should not be construed as the practice of medicine. High Level Wellness is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using this website, nor is High Level Wellness responsible for any problems or difficulties which may arise though consumer use of products sold by High Level Wellness. Website users, previous and future customers who fail to consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.
CONTENT
This website, including text, graphics, articles, audio and video files, and other content are the property of High Level Wellness Information Services Ltd. Any use of these materials, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of High Level Wellness Information Services Ltd, is prohibited.
Product images and descriptions are the property of their respective manufacturers. Product images are for illustrative purposes only. Pictures shown may not accurately reflect current product packaging.
MANUFACTURER'S / DISTRIBUTOR'S WARRANTY
Some products offered by High Level Wellness are backed by manufacturer's or distributor's limited warranties. Any and all warranties for products purchased from High Level Wellness are the responsibility of the respective manufacturer or distributor. All issues, claims and questions concerning product warranties must be directed to the appropriate manufacturer or distributor. No other warranty of any kind, express or implied is made by High Level Wellness respecting products offered for sale. Purchasers assume all risk and liability resulting from the use of these products.
ADDITIONAL TERMS OF USE
High Level Wellness takes all reasonable actions to ensure that the information, product details, descriptions and prices on this website are current, correct and error free. We make every attempt to maintain the accuracy of all information contained within this website. Some information, including product descriptions are not warranted or bound by any such inaccuracies.
Articles, news and postings posted by High Level Wellness staff, as well as by any user on our message board or chat room, are expressions of individual personal opinion. These articles and postings are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatments, and should not be construed as medical advice or instruction.
TYPOGRAPHICAL ERRORS
As product descriptions are often provided by the specific product manufacturer, High Level Wellness is not responsible for these typographical errors. We reserve the right to correct any errors, inaccuracies or omissions, edit content, product availability and pricing at any time without prior notice. These changes may take place even after an order has been placed. If your order is found to contain a typographical error in pricing or availability, you will be contacted about any error as soon as possible to arrange for a resolution of the discrepancy. If you find what you believe to be an error, please contact us and we will investigate and edit the content accordingly.
In the event that a High Level Wellness Information Services Ltd product is mistakenly listed at an incorrect price, High Level Wellness Information Services Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. High Level Wellness Information Services Ltd 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 cancelled, High Level Wellness Information Services Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
PRODUCT AVAILABILITY
Product availability is subject to supply limitations. Many offers are only valid while supplies last. High Level Wellness reserves the right to add or withdraw any product(s) from this website at any time and/or remove or edit any materials, articles or content on this website at any time. High Level Wellness reserves the right to refuse to process any transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to any party by reason of our withdrawing any product(s) from this website, or refusal to process any order.
High Level Wellness is not responsible for any product sold on or through this site for any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, High Level Wellness Information Services Ltd may link to sites operated by third parties. However, even if the third party is affiliated with High Level Wellness, High Level Wellness Information Services Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of High Level Wellness Information Services Ltd. These linked sites are only for your convenience and therefore you access them at your own risk.
You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. High Level Wellness expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services that appear on any Linked Site or any site that links to this site.
LIMITATIONS TO LIABILITY
High Level Wellness Information Services Ltd and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any Linked Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between High Level Wellness Information Services Ltd and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some provinces, states and countries may not allow for the exclusion of certain damages, in such locations liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of High Level Wellness Information Services Ltd and its affiliates for any reason, 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 High Level Wellness Information Services Ltd on this site.
You agree to indemnify, defend and hold harmless High Level Wellness Information Services Ltd and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.
YOUR USAGE OF THIS SITE & TERMINATION OF USAGE
You agree to maintain the security of your High Level Wellness customer account on this site, including the security of your password and other confidential information relating to the use of this site and your account on this site. You agree to be responsible for all charges resulting from the use of your account on this site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent/stop such occurrence and notifying High Level Wellness Information Services Ltd.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access by any means except through the interface provided by High Level Wellness for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not High Level Wellness and its affiliates, are responsible for compliance with applicable local laws.
You agree that High Level Wellness may terminate or suspend your access to all or part of this site, without notice, for any conduct that High Level Wellness, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, High Level Wellness or its affiliates.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless High Level Wellness Information Services Ltd, its employees 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.
GOVERNING LAW; JURISDICTION
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF ONTARIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR PROVINCIAL COURTS LOCATED IN CANADA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
High Level Wellness strives to follow all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within Canada or abroad.
SEVERABILITY; INTERPRETATION
If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."
PRIVACY
Please review our Privacy Notice, which also governs your visit to this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. High Level Wellness Information Services Ltd reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
COMMUNICATIONS TO HIGH LEVEL WELLNESS
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by High Level Wellness Information Services Ltd for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, High Level Wellness Information Services Ltd is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to High Level Wellness Information Services Ltd or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
ENTIRE AGREEMENT; AMENDMENTS
This agreement constitutes the entire and only agreement between High Level Wellness and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site or placing any order. Your use of this site shall be deemed acceptance of and assent to this agreement by you. High Level Wellness may, in its sole discretion, amend this Terms of Use agreement from time to time without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
MISCELLANEOUS
The failure of High Level Wellness or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. Provisions of this agreement are for the benefit of High Level Wellness and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
YOUR CONSENT
When using this website and/or ordering product from High Level Wellness Information Services Ltd, you are automatically agreeing that you are of legal age in your country, state or province; you consent to our Privacy & Security Policies; and that both your access to the site and your use of it are:
DISAGREEMENT WITH THESE TERMS AND CONDITIONS
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
If you have any questions or concerns regarding our terms of use or policies, please contact us.
