Terms and Conditions

Welcome to ihearthealthrd.com, Brocha Soloff Nutrition (BSN), provides website features to you subject to the following conditions. If you visit or shop at ihearthealthrd.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future BSN service or business (e.g., ihearthealthrd.com, Blogs, YouTube, Facebook, Instagram or Twitter) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control. You represent and warrant that you are at least 13 years old. If you do not agree to any of these terms, then you are not permitted to use the Services.

We may change these Terms of Use from time to time. If so, any such changes will be posted on this page. We recommend that you review these Terms of Use on a regular basis. Your continued use of the Site or otherwise interacting with this Site shall constitute your acceptance of such revised Terms of Use. We reserve the right to deny access to anyone who violates these Terms of Use.

THESE TERMS OF USE REQUIRE YOU TO ARBITRATE ANY AND ALL CLAIMS AGAINST BSN, AND FURTHER REQUIRE YOU TO WAIVE IMPORTANT RIGHTS, INCLUDING THE RIGHT TO JOIN IN ANY CLASS ACTIONS AGAINST BSN AND A RIGHT TO TRIAL BY JURY.

DESCRIPTIONS AND PRICING

Through the Site, we promote and offer for sale a variety of products. We attempt to be as accurate as possible with descriptions within FDA guidelines. However, we do not warrant that descriptions will always be 100% accurate because certain product characteristics, such as color and flavor, may be subjective. We do not guarantee that all products described on our Site will be available. We reserve the right to revise or discontinue any products available on the Site at any time without notice. We also reserve the right to change the prices of our products at any time.

PRIVACY

Please review our Privacy Notice, which also governs your visit to ihearthealthrd.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit ihearthealthrd.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of BSN, or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BSN and protected by U.S. and international copyright laws. All software used on this site is the property of BSN or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

In addition, ihearthealthrd.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of BSN in the U.S. and/or other countries. BSN’s trademarks and trade dress may not be used in connection with any product or service that is not BSN’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BSN. All other trademarks not owned by BSN that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BSN.

PATENTS

One or more USA and Worldwide patents and/or patent applied applications owned by BSN apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more USA and Worldwide patents and /or patent applications.

LICENSE AND SITE ACCESS

BSN grants you a limited license to access and use for personal use the information contained on this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BSN. This license does not include any reuse, resale or commercial use of this site or its contents; any health information and /or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of BSN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, videos, page layout, or form) of BSN without express written consent. You may not use any meta tags or any other “hidden text” utilizing the BSN name or trademarks without the express written consent of BSN. Any unauthorized use terminates the permission or license granted by BSN. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ihearthealthrd.com so long as the link does not portray BSN, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any bsn logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use 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. BSN does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use ihearthealthrd.com only with involvement of a parent or guardian. BSN reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BSN reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant BSN a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BSN and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BSN for all claims resulting from content you supply. BSN has the right but not the obligation to monitor and edit or remove any activity or content. BSN takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMERS

BSN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, IT’S OPERATION, OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BSN makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site, the Internet, or other technology utilized to present access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. BSN reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while BSN utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.

IN NO EVENT SHALL BSN BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF BSN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL BSN’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO BSN IN CONNECTION WITH THE SITE.

BSN may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by BSN of such sites or an affiliation between BSN and the owners of such sites, nor shall BSN be liable for the contents of such sites. BSN will also not be liable for any errors in such links, or for any malfunction of such links.

To the extent that BSN shall offer any sweepstakes or other prize promotions (“Promotions”) via the Site, such Promotions shall be subject to the rules published with the Promotions, which will be in addition to these Terms. Similarly, to the extent that BSN may provide you with an opportunity to obtain software or other proprietary content owned by BSN or a third party, such content may be subject to its own license agreement, in addition to these Terms.

BSN does not give medical advice. All content, including text, graphics, images, and information available on or through this web site are for educational purposes only and are not sufficient for medical decisions. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE. NEVER RELY ON INFORMATION ON THIS WEB SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.

GOVERNING LAW

THE INTERPRETATION, APPLICATION AND ENFORCEMENT OF THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO NEW YORK’S CONFLICTS OF LAW PRINCIPALS.