Terms and Conditions

Terms of Service

 

Welcome to Healthy Horizons! These Terms of Service (“Terms”) are a legally binding contract and govern your access to, and use of, the website at https://www.healthyhorizonsonline.com/ and other digital products and services (“Services”) offered by Healthy Horizons Corporate Lactation Services, Inc. a Delaware corporation and Healthy Horizons Breastfeeding Centers, Inc., a California corporation (together, “Healthy Horizons,” “we,” or “us”).

 

These terms provide important information, including your agreement to grant us rights to your content, our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and Healthy Horizons by binding individual arbitration. By using the Services, you agree to be bound by these Terms.

 

It is important that you carefully read and understand these Terms.  If you do not agree to these Terms, you should not use the Services.

 

Using Healthy Horizons’ Services

 

Healthy Horizon's services include anything made available through the Healthy Horizons website or other digital applications. This may include, but is not limited to, the website, online store, rental platform, blog, and any mobile applications. If you use the Services to rent equipment, you can read our policies for renting equipment here:Equipment Rental Terms

 

These Terms and our Privacy Policy apply to all of our users.

Changes to these Terms or the Services

 

We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.

Your Privacy

 

You acknowledge and agree that any personal information that you provide or that we collect in connection with the Services will be treated in the manner described in our Privacy Policy, which can be found at https://www.healthyhorizonsonline.com/privacy-policy. Our Privacy Policy is incorporated into these Terms.

 

Registration and Your Account

 

You will need to sign up for a user account to use some of our Services. Any use by anyone under the age of 13 is prohibited. If you are creating an account on behalf of a business, you represent and warrant to us that you are authorized to agree to these Terms on behalf of such Business.

 

You agree that the information that you provide us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password.

Payments

 

If you purchase any products or services ("Products") through our Services, you agree to pay all applicable fees and taxes. By providing your payment information to our third party payment processor, you represent and warrant that you are legally authorized to provide such information and that you are legally authorized to initiate payments using such information.

Products

 

We do not represent, warrant, or guarantee that Product descriptions are accurate, complete, reliable, current or error-free.  Any returns, refunds, exchanges must be made in accordance with our Return Policy. Unless otherwise stated products sold through the services are final sale, non-cancellable, and non-refundable, unless the Product is damaged or defective. If you have received a damaged or defective product, please contact us by e-mail at info@hh-bc.com.

 

Consultations and Classes

Our time is reserved exclusively for your care during your scheduled visit. If you are late for your visit, please keep in mind that your visit will end at the scheduled time to avoid delaying the next patient and you will be charged for the whole visit. All appointments require a credit card guarantee against late cancellations and missed appointments.

 

We have a 24-hour cancellation policy for lactation consultations and one-on-one appointments, and a 5-day cancellation policy for classes. If you cancel less than the allotted time above or fail to show for your appointment, you will be charged a fee that represents the full cost of your scheduled appointment. All lactation consultations canceled less than 24-hours and all classes canceled less than 5 days from the scheduled appointment time will be billed at the full rate.

 

If you need to cancel or reschedule your appointment, please your view appointment detail link in this email and cancel or reschedule. You may also do so by calling 650.347.6455. Cancellations left by voicemail or e-mail will not be accepted. If you qualify for a refund, email info@hh-cbc.com to ensure it is processed. If you have not received your refund, first check your bank account. It may take 7 to 10+ business days once the refund is initiated by Healthy Horizons before your refund is officially posted. Processing times vary by bank and payment method, all refunds are handled by a third party vendor.

 

Product Returns

As of March 16, 2020 no products purchased during the COVID-19 pandemic may be returned or exchanged. Breastpump and scale rentals are exempt from this policy, please view the Equipment Rental Terms at the above link. Our normal policy lasts 30 days for merchandise exchange, there are no refunds for merchandise. If 30 days have gone by since your purchase, unfortunately, we can’t offer you an exchange. Approved returns are only eligible for an in-store credit. To be eligible for a return, your item must be unused and in the same condition that you received it. It must be in the original packaging. Sale items are not eligible for exchange or return.

 

Several types of goods cannot be returned. Perishable goods such as food, tea, refreshments, flowers, newspapers or magazines cannot be returned. We do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases. This includes, but is not limited to bra pads, bras, nursing tanks, breastpumps, and breastpump attachments/spare parts. Additional non-returnable items include but are not limited to gift cards, sale items, downloadable software products, and health/personal care items.

 

To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer. Any item not in its original condition is damaged or missing parts for reasons not due to our error cannot be returned, or any item that is returned more than 30 days after delivery.

 

To return your product, mail it to 1432 Burlingame Avenue, Burlingame, CA 94010. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a store credit, the cost of return shipping will be deducted from your return. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

Pricing

We strive for accurate pricing of the Products sold through the Services. However, occasional errors or mistakes may cause inaccurate prices to appear. We have the right to void any purchases that display an inaccurate price.

Your Use of the Services

 

Subject to these Terms, Healthy Horizons grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Healthy Horizons, in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Healthy Horizons and its affiliates.

 

You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of the Services.

 

The Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use Healthy Horizons’ intellectual property, including but not limited to the company name or any of the Healthy Horizons trademarks, logos, domain names, other distinctive brand features, or copyrights.

Your Content

 

The Services allow you to post content, including comments on blogs. Anything that you post or otherwise make available on the Services is referred to as "User Content." By choosing to provide User Content, you acknowledge and agree that such User Content may be viewed by the general public and will not be treated as private, proprietary, or confidential. You retain all rights in, and are solely responsible for, the User Content you post to the Services.

 

You grant Healthy Horizons and its affiliates, licensees and sublicensees a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your User Content in any and all media or distribution methods (whether now known or later created) without any further consent, notice, or compensation to you. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral or other rights that you may claim to have in any User Content posted or provided by you.

 

By submitting User Content, you represent and warrant that such User Content is your own original work, is submitted with the express permission of the owner, or is in the public domain and that you have the right to make the User Content available to us for all of the purposes contemplated in these Terms. You further represent and warrant that such User Content is not defamatory and does not infringe any law or the intellectual property or other proprietary rights of any third party.

 

You agree that you will not post User Content that violates or encourages any conduct that violates laws or regulations. We reserve the right to remove or modify User Content for any reason, including but not limited to User Content that we believe, in our sole discretion, violates these Terms or our policies.

Your Conduct

 

You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of the Services by us, other users of the Services and/or any third party.  Such restriction includes conduct which is unlawful, or which may, in Healthy Horizon's sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within the Services.

 

You may not do any of the following while accessing or using the Services:  (i) access, tamper with, or use non-public areas of the Services, the Healthy Horizons computer systems, or the technical delivery systems of Healthy Horizons’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Horizons; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy/Intellectual Property Policy

 

We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.

Links

 

The Services may contain links to third party websites, advertisers, services, or other content that is not owned or controlled by Healthy Horizons. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from Healthy Horizons, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.

Security

 

We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Term and Termination

 

These Terms are effective from the date that you first access the Services or submit any information to Healthy Horizons, whichever is earlier, and will remain effective until terminated in accordance with its terms, except for those terms that survive termination.

 

Healthy Horizons may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. As a general principle, Healthy Horizons reserves the right to refuse service to anyone for any reason at any time. In regards to the user, you can terminate your account at any time.

 

Upon termination of these Terms, your right to use the Services will immediately cease. All disclaimers, limitations of liability, indemnification, Healthy Horizons rights of ownership and licenses to Healthy Horizons will survive any termination.

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate Healthy Horizons to maintain or support the Services, or any part or portion thereof, during the term of these Terms.

Indemnity

 

As a condition of your access to and use of the Services, you agree to indemnify and hold harmless Healthy Horizons and its subsidiaries, affiliates, licensors, licensees, shareholders, officers, directors, employees, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the Services, (b) your User Content, (c) any breach of these Terms, or (d) any claim or allegation that you have violated the intellectual property rights of other users or third parties. You will not enter into a settlement of the foregoing without our prior written approval.

Yoga Webinars

In consideration of being allowed to participate in activities and programs of Healthy Horizons and to use its yoga webinars, I do hereby waive, release and forever discharge Healthy Horizons and its officers, agents, contractors, employees, representatives, executor, and all others from any and all responsibilities or liabilities from injuries and damages resulting from my participation in any activities in the above-mentioned activities. I do also, hereby release all of those mentioned, and any other acting on their behalf, from responsibility and liability for any injury or damage to myself, including those caused by negligent act or omission of any of these mentioned or other acting on their behalf, or in any way arising out of or connected with my participation in any activities of Healthy Horizons yoga webinars. I understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, are potentially hazardous activities. I also understand that fitness activities invoke a risk of injury and even death, and that I am voluntarily participating in these activities with the knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risk of injury or death. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation or use of equipment or machinery except as hereinafter stated. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in any exercise/ fitness activity or in the use of exercise equipment and machinery. I acknowledge that I had either a physical examination and have been given my physicians permission to participate, or that I have decided to participate in activity without approval of my physician and do hereby assume all responsibility for my participation in Healthy Horizons yoga webinars.

Limitation of Liability

 

By using the Services you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable.  We provide no guarantees regarding the content posted by other users or third parties.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHY HORIZONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL HEALTHY HORIZONS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO HEALTHY HORIZONS FOR THE PAST SIX MONTHS FOR THE SERVICES.

 

THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT HEALTHY HORIZONS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimers

 

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HEALTHY HORIZONS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR:  (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Governing Law and Jurisdiction

 

These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in San Mateo County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.

 

Free Shipping

Free shipping is available on HealthyHorizonsOnline.com/Shop when there is an active free shipping coupon code. You must meet the minimum purchase amount before applicable tax. This offer only applies to retail customers in the continental United States.  Free shipping does not apply to equipment rentals.

Miscellaneous

 

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

Contacting Healthy Horizons

 

The Services are provided by Healthy Horizons. You can contact us by emailing us at PI@hh-bc.com or by writing to us at the following address:

 

1432 Burlingame Avenue,

Burlingame, CA 94010

 

Effective: November 19, 2019