Terms of service

Unlightened Wellness Terms of Service

Effective Date: November 1, 2023

Last Updated: November 28, 2023

 

These Terms of Service (the “Agreement”) govern Your use of this website www.unlightened.co (the “Site”), which is provided by Hilton Development Group, Inc., its affiliates or agents (referred to as “HDG”, “Company”, “Us”, “We”, or “Our” below), and apply to all Users visiting the Site by accessing or using the Site in any way, including any services and resources which may be available or enabled via the Site (each a “Service”). By accessing this Site, completing any applicable registration processes or forms, and/or browsing the Site, and/or purchasing products from the Site, You are indicating Your acknowledgment and acceptance of the this Agreement. You represent that (1) You have read, understand, and agree to be bound by the this Agreement, (2) You are of legal age to form a binding contract with Us, and (3) You have the authority to enter into this Agreement personally or on behalf of the company You have named as the User, and to bind that company to this Agreement. The terms “Customer”, ”User”, “You”, and/or “Your” refers to the individual or legal entity, as applicable, identified as the User of the Site during the registration and/or purchase process. If You do not agree to be bound by this Agreement, You must discontinue accessing or using the Site in any way.

Unlightened Wellness, the Site, and/or the logo or any other representation of any kind is the property of Company, and all rights are hereby reserved exclusively by and to Company.

Company shall be entitled to unilaterally review and amend this Agreement from time to time, at its sole discretion. Therefore, Company advises to periodically review the Agreement in the case of any changes. Your continued use of the Site therefore means You consent to any such changes, and further agree to any such changes in the same manner as stated above.

1.  Acceptable Use

1.1.     Intended User. This Site is intended only to be used by individuals eighteen (18) years of age, or twenty-one (21) years of age where applicable, or older. If You are under the minimum required age, do not use or access this Site for any reason and please exit this Site immediately. You must be of legal age required by the State you are in to purchase products from the Site, and it is Your sole responsibility to ensure that You are acting in accordance with the applicable laws.

1.2.     Restrictions on Use. This Site may only be used in accordance with this Agreement, and may not be used for any other purpose, including any commercial purpose, without prior written consent from Company. ANY AND ALL USE OR ACCESS WHICH MAY BE UNLAWFUL, INCLUDING BUT NOT LIMITED TO USE BY INDIVIDUALS UNDER THE MINIMUM LEGAL AGE OR PURCHASING PRODUCTS FOR SUCH INDIVIDUALS, IS STRICTLY PROHIBITED. For the avoidance of doubt, if You are a parent or legal guardian purchasing products on behalf of any individual under the minimum legal age, You agree to hold harmless, and/or waive all liability against, and/or fully indemnify Company in the event of any civil and/or criminal proceedings which may arise from such action(s). Furthermore, You are solely responsible for ensuring that Your use of the Site is in compliance with all applicable laws and governmental regulations and You acknowledge that You assume all risk arising from any such use that is not compliant with applicable laws and regulations.

1.3.     Payments. Payments are required to be made during the checkout process via credit card, and charges will appear as HDGMOBILE on Your statement. In the event that You dispute a charge, Company reserves the right to impose an additional penalty fee up to $95.00 USD per occurrence.

1.4.     Product Returns/Refunds. In order to return a product or receive a refund for a product, You must submit a request in accordance with the requirements of the Return Policy appearing on the Site. Company reserves the right to approve or deny any request for any reason, at its sole discretion.

1.5.     Security. You are solely responsible for maintaining the security of any applicable usernames and/or passwords, and/or the security of the computer, tablet, smartphone, and/or any other device used to access the Site. You acknowledge and agree that Company shall not be liable for any damages, without limitation, which may arise from Your reliance on any security measure, be it actual or perceived. Furthermore, You acknowledge and understand that, despite any efforts made by You and/or Company, there is inherent risk(s) associated with the internet and the use of such to access the Site and therefore Company neither warrants nor guarantees that the Site be free of any risk and You agree to hold Company harmless for any circumstance which may arise relating to security; notwithstanding any intentional and/or malicious action(s) by Company.

2.  Disclaimers

2.1.     Health Information. Any statements on this Site or any materials or products We sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure, or prevent any disease. The information on this Site or other materials We may provide to You are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication(s), or have a medical condition, You should consult with a physician before using any of the products on this Site.

2.2.     Third-Party Providers. This Site uses third-party service providers and sells third-party products. You acknowledge and agree that Company shall not be held liable for any third-party service(s) or product(s), including but not limited to, any such service(s) or product(s) related to functions of the Site or made available for access and/or purchase on the Site. For the avoidance of doubt, this shall not infringe upon any rights to product exchanges, returns and/or refunds provided elsewhere in this Agreement; however, any and all limitations of liability and/or remedies in accordance with this Agreement, shall remain applicable.   

2.3.     Hyperlinks. The Site may contain hyperlinks to other sites that are not maintained by, or related to, Company. Any such site(s) have not been reviewed by Us, and we are not responsible for the content contained therein. Hyperlinks are to be accessed at Your own risk, and We make no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the site(s) hyperlinked to this Site. Furthermore, the inclusion of any hyperlink does not constitute an endorsement or affiliation of any third-party in any way.

2.4.     Product Description and/or Image. The description(s) and/or image(s) of products on the Site are provided by a third-party and may contain errors or omissions. Company agrees that, to the extent We are able, any error(s) and/or omission(s) will be identified and corrected as soon as reasonably practicable. You acknowledge and agree that Company shall not be held liable for any error(s) and/or omission(s) of product description(s) and/or image(s), which may occur. Furthermore, correction of the error(s) and/or omission(s) shall be the sole remedy for any such occurrence.

2.5.     Blog Content. The Site may contain a blog with content which has been previously published elsewhere by third-party sources. Company hereby makes no claim to the rights of any such material. None of the content which may be posted or the information contained within any of the content is, or should be interpreted as, the property, opinion, advice, or otherwise representative of the Company. ANY CONTENT PROVIDED IS INTENDED SOLELY FOR INFORMATIONAL PURPOSES. Furthermore, this content is not intended to be a substitute for informed medical advice or care and should not be used to diagnose or treat any health problem or illnesses without consulting a doctor.

3.  Privacy Policy

3.1.     Information Collected. When You access or otherwise use the Site, Company may collect any personal information relevant to such access or other use. Said personal information may be provided by You in connection with a purchase or other action You may take, and/or may be provided automatically when You visit the Site by means such as cookies, web beacons, or other tools. Information collected may include, but is not limited to, Your name, address, email address, order history, the Operating System (OS) running on Your device, Internet Protocol (IP) address (which may be used to obtain Your geolocation), access times, browser type, language, and information relating to how You use the Site.

3.2.     Use of Information Collected. In general, the information collected is primarily used to provide, maintain, protect, and improve the Site. Company may also use information for the purpose of providing You with information relating to Your purchase and/or other information about the Site, which may include email marketing activities.

3.3.     Consent; Withdrawal of Consent. By providing Company with personal information to complete a transaction and/or otherwise during the process of placing an order You are consenting to Company collecting and/or using such personal information as may be necessary. Furthermore, Your access and/or other use of the Site constitutes Your consent for Company to collect information in accordance with this Agreement. You may withdraw such consent at any time by sending an email to unlightenedwellness@outlook.com and/or unsubscribing from any applicable email marketing activities.

3.4.     Disclosure. Company does not share Your personal information, notwithstanding any of the foregoing activities. With third-party service providers as required to facilitate Your access, purchase, or other use of the Site. In compliance with laws or in response to lawful requests and legal processes as Company may be so required. For the protection of any rights, property, or other security requirements. Or in connection with the assignment of this Agreement as defined here within.

3.5.     Third-Party Providers. Any third-party provider used in connection with the Site adheres to their own privacy policy, and this policy is not intended to and does not cover any third-party.

3.6.     Information Security. Company takes all reasonable precautions and follows generally accepted industry standards for the purpose of protecting any and all personal information.

4.  Limitation of Liability

4.1.     Limitations of Liability and/or Remedies. COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY REASON(S) AND UPON ANY CAUSE(S) OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO ONE HUNDRED FIFTY UNITED STATES DOLLARS ($150.00) REGARDLESS OF HOW MUCH CUSTOMER HAS PAID TO COMPANY. FURTHERMORE, ANY CLAIM OF LIABILITY BY CUSTOMER AGAINST COMPANY IS LIMITED TO ONE OCCURANCE AND UPON RECEIPT OF THE ABOVE STATED COMPENSATION, CUSTOMER WAIVES ANY AND ALL RIGHT TO FURTHER CLAIMS OF LIABILITY AGAINST COMPANY, AND/OR ANY ADDITIONAL REMEDY. FOR THE AVOIDANCE OF DOUBT, THIS SHALL BE THE SOLE REMEDY TO CUSTOMER FOR ANY CLAIM OF LIABILITY, INCLUDING ANY SUCH CLAIM WHICH MAY BE BASED ON ONE OR MORE REASON(S) OR CAUSE(S).

4.2.     Disclaimer of Warranties. NOTWITHSTANDING ANY COMMITMENTS SET FORTH BY THIS AGREEMENT COMPANY MAKES NO, AND HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, PRODUCTS, INFORMATION, OR ANY OTHER RELATED ITEMS, OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE OF SUCH. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, COMPANY DISCLAIMS ANY WARRANTY THAT THE SITE, OR THE OPERATION AND FUNCTIONALITY OF THE SITE IS OR WILL BE ERROR-FREE OR UNINTERRUPTED. COMPANY MAKES NO, AND HEREBY DISCLAIMS ANY, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFROMANCE.

4.3.     Disclaimer of Consequential Damages. COMPANY HAS NO LIABILITY WITH RESPECT TO THE SITE, PRODUCTS, INFORMATION, OR ITS OTHER OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF WAGES, MEDICAL EXPENSES, OR ANY OTHER LOSS AND THE COST OF COVER) EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4.     Disclaimer of Third-Party Products and Services. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY SHALL NOT BE HELD LIABLE FOR ANY AND ALL THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, THIRD-PARTY PRODUCTS OR SERVICES USED IN RELATION TO THE OPERATION AND/OR FUNCTIONALITY OF THE SITE AND THIRD-PARTY PRODUCTS OR SERVICES PURCHASED (OR OTHERWISE OBTAINED) FROM COMPANY; NOTWITHSTANDING ANY SPECIFIC WARRANTY FOR SUCH PRODUCTS AND SERVICES WHICH MAY BE CONTAINED WITHIN THIS AGREEMENT. FURTHERMORE, ANY APPLICABLE WARRANTY, WHICH MAY INCLUDE PRODUCT EXCHANGES, RETURNS AND/OR REFUNDS, SHALL BE THE SOLE REMEDY TO CUSTOMER AND PROHIBIT ANY CLAIM OF OR ENTITLEMENT TO ANY OTHER REMEDIES.

5.  Miscellaneous

5.1.     Indemnity. You will indemnify and hold Company and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (1) any breach of this Agreement by You, including any use of content other than as expressly authorized in this Agreement; (2) Your use of the products purchased on the Site; or (3) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from this Site or the purchase of any products.  You agree that the provisions in this section will survive any return of any products, Your discontinued use of any products for any reason, Your access and/or use of the Site, and/or this Agreement.

5.2.     Ownership; Trademarks and Copyrights. Trademarks, service marks, logos, graphics, images, and other visual elements of the Site, which may appear on the Site, are the property of Company or the property of the applicable third-party. Company, and any such applicable third-party, retains all rights to any and all respective trademarks, service marks, logos, or other copyrighted material appearing on the Site. You acknowledge and agree that the use of any such property without the prior written consent of the respective owner is strictly prohibited.

5.3.     U.S. Law Applies. This Site is intended for Users located in the United States. It is Your sole responsibility to determine whether accessing this Site or purchasing products are legal where you are located. Furthermore, You access the Site and/or purchase products at Your own risk and are solely responsible for complying with all applicable laws, rules, regulations, and treaties.

5.4.     Electronic Communications. You (1) consent to receive communications from Us in an electronic form; and (2) agree that all terms of service, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement(s) that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.

5.5.     Release. You hereby release Company, its affiliates or agents, and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (1) Your use of the Site, including but not limited to the use, either correctly or incorrectly, of any products purchased or made available for purchase on the Site; and (2) any action taken by Us during or as a result of Our investigations and/or from any actions taken as a consequence of investigations by Us or others, including law enforcement authorities. If You are a California resident, You hereby waive any and all rights made available by California Civil Code Section 1542.

5.6.     Assignment. Company may assign any of its rights or obligations under this Agreement at any time; provided, however, that such assignment is in connection with the sale (whether by merger, asset sale, equity sale or otherwise) or any other transference of ownership, without limitation, of (1) Company, or (2) the Site.

5.7.     Governing Law; Venue. The laws of the State of Illinois govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Any claims or actions regarding or arising out of this Agreement must be brought exclusively in a court of competent jurisdiction sitting in Kane County, Illinois, and each party to this Agreement submits to the jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relations to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (1) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Kane County, Illinois; and (2) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.

5.8.     Severability. Each clause of this Agreement and each part of each clause must be read as a separate and severable provision. If any provision is found to be void and unenforceable, that provision may be severed, and the remainder of this Agreement must be interpreted as if the severed provision had never existed.

5.9.     Prevailing Agreement. This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties’ agreement on the matters contained in this Agreement. Any prior and contemporaneous agreements between the parties on the matters contained in this Agreement are superseded by this Agreement. The provisions of this Agreement cannot be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, or agreement of any other party except for those expressly contained in this Agreement. There are no conditions precedent to the effectiveness of this Agreement, other than any that are expressly stated in this Agreement.