Terms of Service

TERMS AND CONDITIONS OF USE

Welcome to HealthybyNature.net and HBNWellnes.com. This site is owned and operated by HBN Wellness, an LLC based in the State of North Carolina. Throughout the site and this agreement, the terms “we”, “us”, and “our” refer to HBN Wellness. By shopping, browsing, or visiting the HBNWellness.com or HealtybyNature.net site, you agree to the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”). Please read these Terms and Conditions carefully before using the site. All terms, conditions, policies, pricing or guarantees are subject to change without notice. You are advised to review these Terms and Conditions as well as other policies listed on this Site from time to time to be informed of any updates or changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, that you will not use our products or services for any illegal or unauthorized purpose, or that in the use of the Service, you will not violate any laws in your jurisdiction. Any breach or violation of any of the Terms will result in immediate termination of your Services. You also acknowledge that we reserve the right to refuse the Service to anyone for any reason at any time.

Non-Medical or Non-Health Care Advice Disclaimer

ANY AND ALL CONTENT, INFORMATION, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE, AND IS NOT INTENDED TO AND  SHOULD NOT BE RELIED UPON TO PREVENT, DIAGNOSE, TREAT, OR CURE ANY MEDICAL DISEASE OR MEDICALLY DIAGNOSED CONDITION. IT IS RECOMMENDED THAT YOU SEEK CONSULTATION WITH A QUALIFIED HEALTH PRACTITIONER FOR ADVICE REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY DIETARY SUPPLEMENT OR VITAMIN REGIMEN, OR BEGINNING ANY DIETARY, NUTRITIONAL, EXERCISE, OR MEDICAL PROGRAM. AS THE USER, YOU AGREE THAT ANY USE OF THIS SITE OR THE INFORMATION PROVIDED IS YOUR OWN RESPONSIBILITY AND RISK.

Disclaimer of Warranties & Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free and do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Prices for our products and information are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right, but are not obligated, to limit the sales of or quantities of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, for example, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

In no case shall HBN Wellness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless HBN Wellness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual Property

All text, logos, images, graphics, information, designs, trademarks, and other content on this Site are the sole property of HBN Wellness and its subscribers, partners, or content providers unless otherwise noted, and may be subject to United States copyright and trademark laws. No content from the Site may be reproduced, copied, republished, electronically posted, transmitted, altered, or otherwise distributed without the expressed written permission of HBN Wellness.

If you discover a copyright or trademark infringement on our Site, please contact us at hello@healthybynature.net and please include the following information: 1) the specific content or work that is allegedly infringing 2) a link and location of the allegedly infringing material,  3) your name and contact information, and 4)  a statement of how the allegedly infringing material may be in violation of copyright or trademark law 5) identification of the supposed rightful copyright owner. 

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Third Party Websites

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Although we do our very best to provide you with helpful information and choose sites that may be helpful to you, we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Updates & Changes to Terms and Conditions

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time at this page. Notice of an update will be reflected in the modification date listed below.

Inquiries Regarding Terms and Conditions

If you have any questions or concerns regarding the Terms and Conditions of this Site, you may contact us by email at hello@healthybynature.net, by phone at (208) 718-2644, or by mailing us directly at: HBN Wellness, 81 Broadway St Suite #201-66, Asheville, NC 28801. 

Notice of Jurisdiction

These Terms and Conditions as well as all other policies posted on this Site shall be governed, construed and enforced with the internal laws of the State of North Carolina. Any claims, disputes, or legal proceedings arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of, and the venue shall lie exclusively in Buncombe County, North Carolina.

Last updated: September 21, 2023