Terms and Conditions — User Agreement
You must read and agree to these Terms and Conditions before ordering Emera Health Inc. and/or Emera Health Capsules. By placing an order for Emera Health Inc. or Emera Health Capsules, you agree to be bound by the following Terms and Conditions.
ATTENTION
This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("I", "You", "Your" or "Customer"), and Emera Health Inc., the owner and administrator of this Website and all content and functionality contained herein ("Our", "Us", or "Company") (collectively, the "Parties" or "We"). These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms", "Terms of Use" or this "Agreement"), govern Your use of and access to this Website and any and all of its sub-pages.
Acceptance of Terms of Use
By using, visiting, or browsing the Website, as well as placing an order with Emera Health Inc. through the Website, You accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement. If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.
These Terms of Use constitute the entire agreement between Emera Health Inc. and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I Agree"; "Place My Order"; "Submit" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
Product Disclaimer
I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Emera Health Inc. is not intended or to be used to treat any type of medical condition. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
Credit Card Descriptor
By ordering Products from Us, You authorize Us to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. Please be aware that the descriptor (or subject line) that appears on Your credit card charge entry will appear as Emera Health (888) 885 2096. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department.
Refund Policy
All purchases from any Emera Health Inc. website includes our 365 Day Satisfaction Guarantee. Here is how it works:
Buy any of our quality products and take a full year to evaluate it (guarantee begins at the date of purchase).
Within 30 Days…
If you determine within the first 30 days from the date of purchase that it's not working for you, simply call us to get a full refund of the purchase price (not including shipping, handling or restocking fees if applicable).
Within 365 Days…
If you decide after the 30-day period – but within the 365-day period that the product is not working for you, simply call us to get a store credit for the full value of the purchase (not including shipping, handling or restocking fees if applicable) applied to your next order.
Refunds:
For non-store credit refunds requested within 30 days of purchase, we do require that the product be returned. To qualify, returned product must be complete, with all unused product being in its original condition to allow for resale. Provided these criteria are met, once the product is received, a full refund less the restocking fee will be processed.
For refunds requested after 30 days of purchase, we do not require that the product be returned and will process a refund in the form of a 100% credit at the customer's request, which will automatically be applied to the next order.
Restocking Fees:
At our discretion, we reserve the right to charge a restocking fee in the amount of $9.95, for customer order refund returns.
Emera Health Inc. will agree to accept product returns from customers in exchange for a cash refund as detailed above. Customers are responsible for the payment of all shipping charges for the returned product. A flat $9.95 restocking fee will be assessed to every returned order to partially cover our cost to receive, assess for resale and to restock or dispose of the items in the return.
Shipping Policy
We want you to receive your order as quickly as possible! Orders placed prior to 12 pm EST are typically shipped the same business day. Orders placed later in the day or on weekends should ship the next business day.
Order Processing, Delivery Method and Timing
Your shipping charges, if any, will be calculated and displayed upon checkout and are based on the shipping option you select. Delivery times will depend on your location. Most orders will arrive within 2 days after shipping from our fulfillment facility. We ship orders Monday-Saturday. You can track your order by clicking on the tracking number that is included in your order confirmation e-mail. For additional information or support you may contact us via e-mail at [email protected]
Emera Health Inc. Terms
1 Bottle:
If you are not completely satisfied with your purchase of Emera Health Capsules at any time or wish to cancel your subscription, please call (888) 885 2096 or email [email protected], Monday–Friday : 9:00 AM – 7:00 PM (ET). You will receive your package within 5-7 business days of payment via Canada Post Regular Parcel. I acknowledge that my credit card charge will appear as Emera Health (888) 885 2096.
2 Bottles:
If you are not completely satisfied with your purchase of Emera Health Capsules at any time or wish to cancel your subscription, please call (888) 885 2096 or email [email protected], Monday–Friday : 9:00 AM – 7:00 PM (ET). You will receive your package within 5-7 business days of payment via Canada Post Regular Parcel. I acknowledge that my credit card charge will appear as Emera Health (888) 885 2096.
3 Bottles:
If you are not completely satisfied with your purchase of Emera Health Capsules at any time or wish to cancel your subscription, please call (888) 885 2096 or email [email protected], Monday–Friday : 9:00 AM – 7:00 PM (ET). You will receive your package within 5-7 business days of payment via Canada Post Regular Parcel. I acknowledge that my credit card charge will appear as Emera Health (888) 885 2096.
4 Bottles:
If you are not completely satisfied with your purchase of Emera Health Capsules at any time or wish to cancel your subscription, please call (888) 885 2096 or email [email protected], Monday–Friday : 9:00 AM – 7:00 PM (ET). You will receive your package within 5-7 business days of payment via Canada Post Regular Parcel. I acknowledge that my credit card charge will appear as Emera Health (888) 885 2096.
5 Bottles:
If you are not completely satisfied with your purchase of Emera Health Capsules at any time or wish to cancel your subscription, please call (888) 885 2096 or email [email protected], Monday–Friday : 9:00 AM – 7:00 PM (ET). You will receive your package within 5-7 business days of payment via Canada Post Regular Parcel. I acknowledge that my credit card charge will appear as Emera Health (888) 885 2096.
6 Bottles:
If you are not completely satisfied with your purchase of Emera Health Capsules at any time or wish to cancel your subscription, please call (888) 885 2096 or email [email protected], Monday–Friday : 9:00 AM – 7:00 PM (ET). You will receive your package within 5-7 business days of payment via Canada Post Regular Parcel. I acknowledge that my credit card charge will appear as Emera Health (888) 885 2096.
Limitation of Liability and Disclaimer of Warranty
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Emera Health Inc., Emera Health Capsules DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Emera Health Inc., Emera Health Capsules OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES...
Emera Health Inc., Emera Health Capsules ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Emera Health Inc., Emera Health Capsules WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Emera Health Inc., Emera Health Capsules FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE.
You agree that Emera Health Inc., Emera Health Capsules' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Emera Health Inc., Emera Health Capsules in the one (1) month period immediately preceding the incident on which Your alleged claim is based.
Representations; Product Disclaimers
Emera Health Inc., Emera Health Capsules is committed to improving the well-being of our customers. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
Emera Health Inc., Emera Health Capsules endeavors to provide You with accurate information about Our Products. You understand and agree that the information Emera Health Inc., Emera Health Capsules conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities ("Third Parties").
Emera Health Inc., Emera Health Capsules does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on factors including age, weight, diet, and exercise regimen.
Jurisdiction and Intellectual Property
By using the Website, You agree to comply with all applicable laws and regulations of Canada. The material provided on the Website is protected by law including, but not limited to, Canada copyright and trademark law and international treaties. Emera Health Inc., Emera Health Capsules makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside Canada do so at their own initiative and are responsible for compliance with applicable local laws.
Your Representations
You hereby represent and warrant that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Emera Health Inc., Emera Health Capsules has the right to rely upon all information provided to Emera Health Inc., Emera Health Capsules by You, and Emera Health Inc., Emera Health Capsules may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, and (ii) inquiries about any orders You placed, or considered placing, at or through the Website.
Intellectual Property
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of Canada, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Emera Health Inc., Emera Health Capsules or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website.
Website User Conduct and Restrictions
As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
- Use the Website for any unlawful purpose;
- Upload, post, email, or otherwise transmit any content that You do not have a right to transmit;
- Upload, post, email, or otherwise transmit any content that infringes any intellectual property right;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," or spam;
- Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
Termination of Agreement
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Emera Health Inc., Emera Health Capsules reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Emera Health Inc., Emera Health Capsules believes, in Our sole discretion, has violated any of the terms of this Agreement, is abusing the Products or the services we provide, or is unable to provide sufficient information to identify the customer.
Links
The Website may provide links to other World Wide Web sites or resources. Emera Health Inc., Emera Health Capsules has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Emera Health Inc., Emera Health Capsules Website. We do not endorse third-party sites and make no representations regarding their security. Deep linking to internal pages of this Website is expressly prohibited without prior written consent.
Force Majeure
Emera Health Inc. shall not be responsible for any failure to perform due to unforeseen circumstances or causes beyond Our reasonable control, including acts of God, war, strikes, shortages, failure of telecommunications, hacking, or any failure of a computer, server or software, for so long as such event continues to delay performance.
Indemnity
You agree to defend, indemnify, and hold harmless Emera Health Inc., its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including reasonable legal and accounting fees, arising from Your use of the Website or Your breach of these Terms.
Dispute Resolution by Binding Arbitration
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. Instead of suing in court, we each agree to arbitrate disputes. "Disputes" are any claims or controversies related to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product.
If either party wants to arbitrate a dispute, written notice must be provided and the parties will attempt to resolve the dispute within forty-five (45) days before submitting to formal arbitration. The arbitration will be administered by the ADR Institute of Canada (ADRIC) under its arbitration rules, and will be conducted by a single neutral arbitrator in the state of Your last billing address, unless otherwise agreed.
We each agree not to pursue arbitration on a consolidated or class-wide basis. We each agree that any arbitration will be solely between You and Emera Health Inc.. If this restriction is found unconscionable or unenforceable, arbitration does not apply and the dispute must be brought in court.
No Class Actions; No Trial By Jury
To the extent allowed by law, We each waive any right to pursue disputes on a consolidated or class-wide basis and waive any right to trial by jury.
Governing Law
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website shall be governed exclusively by the laws of Ontario, excluding its conflict of law provisions.
Severability
If for any reason a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement will continue in full force and effect.
No Waiver
No waiver by Emera Health Inc., Emera Health Capsules shall be deemed a waiver of any subsequent default of the same provision.
Complete Agreement
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
Modifications of Agreement
Emera Health Inc. reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Emera Health Inc., Emera Health Capsules does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Emera Health Inc., Emera Health Capsules in writing, these terms and conditions may not be amended by You.
Corporate Address
Emera Health Inc.
,
N0B 1M0,
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