Terms of Service

General

This website (the “Site”) is owned and operated by HORMONE BALANCE NUTRITIONALS, doing business as WWW.HORMONESBALANCE.COM and WWW.WELLENA.COM (“HORMONE BALANCE NUTRITIONALS”, “we”, or “us”). By using the Sites, you agree to be bound by these Terms of Service and to use the Sites in accordance with these Terms of Service, our Privacy Policy, our Refund Policy, and any additional terms and conditions that may apply to specific sections of the Sites or to products and services available through the Sites or from HORMONE BALANCE NUTRITIONALS. Accessing the Sites in any manner, whether automated or otherwise, constitutes use of the Sites and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Sites, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Sites after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You: This Sites and all materials available on the Sites are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Sites are provided solely for your personal noncommercial use. You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorized by us. Unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, exploit, create derivative works, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites. You may, however, from time to time, download and/or print one copy of individual pages of the Sites for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us: By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Sites, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text, deliver, or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to HORMONE BALANCE NUTRITIONALS from their creation. Thus, HORMONE BALANCE NUTRITIONALS shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as HORMONE BALANCE NUTRITIONALS determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey, and transfer to HORMONE BALANCE NUTRITIONALS all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title, and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. You acknowledge that HORMONE BALANCE NUTRITIONALS has the right but not the obligation to use and display any postings or contributions of any kind and that HORMONE BALANCE NUTRITIONALS may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing: You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your site by us or by the Sites. However, you may not, without our prior written permission, frame or inline link any of the content of the Sites, or incorporate into another website or other service any of our material, content, or intellectual property.

Disclaimers

Throughout the Sites, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Sites or on websites linked to by us on the Sites.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not HORMONE BALANCE NUTRITIONALS. Neither HORMONE BALANCE NUTRITIONALS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, HORMONE BALANCE NUTRITIONALS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized HORMONE BALANCE NUTRITIONALS representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITES AND BY HORMONE BALANCE NUTRITIONALS AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THESE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THESE SITES OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless HORMONE BALANCE NUTRITIONALS, its affiliates, their successors, transferees, assignees, and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Online Commerce

Certain sections of the Sites may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Sites or on a site linked to by the Sites, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Sites.

Export Policy

You acknowledge that the purchased goods licensed or sold on this website, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading, or using technology or software from this website, you agree to abide by the applicable laws, rules, and regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this software or technology to a foreign national or a foreign destination in violation of the law.

Applicable Law

The laws of the State of Colorado will govern these Terms of Service without giving effect to any principles of conflicts of laws.