Terms & Conditions – User Agreement
Welcome to www.SolarisWholeHealth.com (hereinafter, the “Website” and/or “SWH”). This Website is owned and operated by Solaris Whole Health Limited Liability Company, a limited liability company of New Jersey (“We” “US” “Our” or the “Company”) and is accessed by you subject to these terms and conditions. We want you to feel comfortable and secure in our online store and in interacting with Us and We have taken numerous precautions to make this Website secure and user friendly. These terms and conditions are for your protection as well as Ours and to describe to you what precautions We have taken and what rights you have in interacting with Us.
By visiting the Website, utilizing any information, purchasing any product or service, all of which are subject to these terms and conditions, you are expressly agreeing to these terms and conditions (the “User Agreement”). This User Agreement is effective as of October 10, 2022 and thereafter. We reserve the right to modify this User Agreement without notice to you other than updating the effective date. Your continued use of this Website or any purchase made after a given effective date constitutes your agreement to this User Agreement as of that effective date.
Please read this User Agreement carefully. It is a contract between you and us.
Electronic Communications: When you visit the Website or send e-mails to us, you are communicating with us electronically and providing your consent to receive communications from us electronically or otherwise. We typically communicate through e-mail although often times we may prefer to contact you through other methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be “in writing”.
Copyright and Trademark: All content on this site is the property of SOLARIS WHOLE HEALTH, LIMITED LIABILITY COMPANY, and is protected by U.S. and international copyright law and trademark law (and in some cases, other laws, as well, such as but not limited to, patent and contract). This includes, but is not limited to, layout, designs, formatting, text, data compilation, information, business processes product names and Our goodwill.
Your Account: If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. While We do sell products for children, We only sell them to adults, who can purchase with a credit card. If you are under 18, you may use this Website ONLY with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Risk of Loss: All items purchased through this Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability:
THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE OR OFFERED FOR SALE THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR INFORMATION OBTAINED THROUGH THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY 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 THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL MODULES. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR ANY PRODUCT OR INFORMATION OBTAINED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISCLAIMER OF HEALTHCARE RELATED SERVICES:
The information on the Website or potentially through links on this Website to other websites, as well any other information, products or services obtained from Us or through one of our counselors as part of Our service or otherwise (the “Information”) is only for general health and nutrition educational purposes and is NOT a substitute for licensed healthcare services. Neither the Company nor any of Our personnel are licensed or registered by any authority to perform healthcare services and do not engage in or offer to engage in the practice of medicine or any other State-licensed or registered healthcare profession or services, such as licensed dietician-nutritionist services, nursing, massage therapy or psychology. We do not – and in no event shall any Information obtained be construed to – diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition. Website visitors and clients who participate in a Solaris program should continue to visit and to be treated by their licensed healthcare professionals, including, without limitation, a physician, and should consult a physician before taking any nutritional supplements recommended during a Solaris program or before otherwise taking any action or inaction based upon any Information obtained on this Website. Any statements made within the Information have not been evaluated by the Food and Drug Administration or any other governmental authority unless otherwise specifically noted. All products obtained through this Website have not been evaluated by the Food and Drug Administration or any other governmental authority unless otherwise specifically noted.
We are not a healthcare provider or other entity subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and/or the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and their implementing regulations. No information you disclose to Us via this Website or during the course of a client program is protected under HIPAA and/or HITECH. With that said, we strive to be as proactive and protective of your rights as possible, and although not required as we are not a healthcare provider, all of our platforms are HIPAA compliant and we strive to remain so.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY. NEITHER THIS WEBSITE NOR WE OFFER MEDICAL ADVICE OF ANY KIND AND NOTHING CONTAINED ON THIS WEBSITE IS INTENDED TO BE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE OR ITS APPLICABILITY TO ANY PARTICULAR CONDITION. NOTHING HEREIN IS A MEDICAL PROGRAM AND IS NOT TO BE USED TO DIAGNOSE OR TREAT ANY CONDITION. IF YOU BELIEVE YOU HAVE A MEDICAL CONDITION THAT REQUIRES ATTENTION, CONSULT YOUR PHYSICIAN.
YOUR WARRANTY TO US IN USING THIS WEBSITE AND PRODUCTS AVAILABLE:
You warrant and covenant to Us that:
- You will not use the Website to violate any local, state, national or international law and that all information You provide to Us is truthful, accurate and not intended to misrepresent any state of facts.
- Your use of the Website and purchase of any products or services are for your individual use only and not to for any other purpose not disclosed to Us in advance in writing.
- You will not attempt to interfere in any manner with the normal operation of the Website or introduce any virus or malware into the Website or otherwise be a disruption to the Website.
- You will not copy or make derivative works of any kind based on the content of the Website or any products or services contained thereon or create Internet links or mirrored sites that would tend to make others believe they were interacting with our Website.
- Your agreement to this User Agreement is voluntary, of your own free will, and You are legally capable of entering into this User Agreement.
- You will not use the Website or purchase any product or service from Us to violate any state, local or federal law or to alter, resell, repackage, or in any manner re-distribute any purchased product.
Applicable Law: By visiting our site, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, and federal law as applicable, will govern this User Agreement and any dispute of any sort that might arise between you and Us. Moreover, except for claims of infringement of intellectual property or wrongful disclosure of confidential information, all disputes shall be resolved through the exclusive use of binding arbitration in accordance with the rules and procedures of the American Arbitration Association. Provided however, neither party may initiate arbitration for any reason until the party desiring to bring such action has first provided written notice to the other party indicating the nature of the dispute and provided a reasonable opportunity after such notice to resolve the dispute. The parties understand and acknowledge that the rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. The parties understand and agree that they are relinquishing their right to a trial in court, either with or without a jury. The parties shall agree on a single arbitrator and in the absence of an agreement, shall each select an arbitrator who shall then select a single third arbitrator to hear and rule on the matter. The decision of the arbitrator shall be final and may be entered into any judgment in any court of competent jurisdiction. The parties shall share equally the cost of the arbitration and each party shall bear his own legal fees. Provided however, the arbitrator may, at their discretion, award a prevailing party a recovery of their reasonable legal fee.
Pricing and Product Information: We attempt to be as accurate as possible with our pricing and product descriptions. However, we do not warrant that any information on this site is accurate, complete, reliable, current or error-free. If you have questions concerning pricing or product descriptions, please contact our office and request a sample of that particular item. Pricing is subject to change without notice and we reserve the right to substitute out-of-stock items with one substantially similar or of higher value. We also reserve the right to refuse service to any current or prospective customer for whatever reason. The products and services available through the Website are not typically covered by insurance and you alone are responsible for any charges incurred as a result of purchasing any product or service. We have no obligation to process any insurance claim on your behalf. While we strive to provide first rate products and services to allow you to experience better nutritional and physical fitness, we make no promises or guarantees as to your individual results and you may or may not experience benefits.
Submissions on our Site: Any remarks, messages, reviews, ideas, pictures or any other information or data submitted to Us, shall be and will remain at all times the exclusive property of the Company. Your submission of any such information is an assignment to Us of all worldwide rights, title and interests in and to all copyrights, rights of privacy and publicity, and other intellectual property right in such information and this User Agreement served as the required writing to transfer such rights. We are entitled to use, copy, modify, disclose, distribute and make derivative use of any such information for any purpose without restriction or compensation in any way. If you believe anything as contained on our Website is infringing of your intellectual property rights, or if you have questions or concerns regarding any of the foregoing, please contact us by calling 908-221-1112. If you prefer to write Us our postal address is below.
SOLARIS WHOLE HEALTH, LIMITED LIABILITY COMPANY
80 Morristown Road,
Unit 3B #242
Bernardsville, NJ 07924
Third Party Information and Links:
We may provide links to third party websites that provide additional information, products, and/or services. We provide such access as a convenience to you and by providing such access does not signify our endorsement of such third party and in order to use such third party website, you may have to agree to additional terms and conditions as outlined by that third party. We have no control over, do not review, and are not responsible for any content or offering provided by such third party websites. Access to, use of, and interaction with any third party website is at your own risk.
Welcome to SolarisWholeHealth.com. In order to make you feel comfortable and secure in our online store, SOLARIS WHOLE HEALTH, LIMITED LIABILITY COMPANY, has taken numerous precautions to guard your security while making purchases online. Our goal is to make you feel as comfortable shopping here as possible, as well as actually guarding your privacy. For each visitor to our Website, our Web server automatically recognizes the consumer’s domain name and e-mail address (where possible). This privacy statement discloses the privacy practices for SolarisWholeHealth.com. The statement does not include the privacy practices for partnered sites or websites for which we provide links from within our website. We encourage our users who visit external sites from links within SolarisWholeHealth.com to read the privacy statements of those sites, as their privacy practices may differ from ours, and to draw their own conclusions about the relative safety of those websites before interacting. The SolarisWholeHealth.com website is owned by SOLARIS WHOLE HEALTH, LIMITED LIABILITY COMPANY.
SolarisWholeHealth.com privacy/security policy will inform you about:
- What personally identifiable information is being collected?
- How is the information being used?
- With whom do we share your information?
- How do I access, update, or delete my personally identifiable information?
- What information will be disclosed if required by law?
- What are cookies and how do we use them?
- What choices are available to you regarding the collection, use and distribution of the information and how you can correct any inaccuracies in information?
- What kinds of security procedures are in place to protect the loss, misuse or alteration of information under our control?
What personally identifiable information is being collected?
When you visit SolarisWholeHealth.com, in order for us to provide you with the products or services that you have requested, you may be asked to provide us with personally identifiable information. For example, when you order a product, we may ask you to become a registered user of our site, during which you will be asked for your shipping and billing addresses, your e-mail address, and your credit card number or other payment-related information. If you request one of our newsletters or send an inquiry to one of our customer service representatives, we will also store a record of your request along with your e-mail address. In addition, our Web servers track various technical details about your visit, such as your computer’s IP address and which pages you visited, however that information does not typically contain any personally identifiable information about you.
How is the information being used?
The information we collect is used to provide the products and services that you have requested or that we think you might have an interest in. It is also used to improve the content of our Web site, to notify you of problems with your requests, or to update you about changes to our Web site.
With whom do we share your information?
In order to operate this Website and in order to provide you with the products and services you have requested, we occasionally need to share information with third parties. We may transmit your personal information to service providers who assist us in processing orders, shipping products to you, processing your payment information, sending you catalogs, conducting surveys, on and offline sweepstakes, processing job applications, sending you e-mails and newsletters, and helping us decide whether to extend credit to you. We have agreements with these service providers that they will protect your privacy in accordance with our standard Privacy Statement. Some of those organizations may have their own Privacy Statements, which may give you additional protections, so you are encouraged to read those statements when presented to you.
How do I access, update, or delete my personally identifiable information?
Due to various legal and record keeping requirements, we may be required to maintain records about your purchases or other activities on this website. However, you will always be permitted to opt-out of any marketing uses of information stored about you. If you would like to change your personal information, log into your account and update your profile or contact us at 908-221-1112 for any other issues.
What information will be disclosed if required by law?
If required by law, we may provide any and all information we have about you to law enforcement or other government agencies, pursuant to a subpoena, warrant, or other order by a court of competent jurisdiction. In all cases, we will require written documentation of the request, proof of the identity of the law enforcement official making the request, and we will take steps to authenticate the validity of the request. Any law enforcement or government agency request submitted with less than a court-issued order will be evaluated on a case-by-case basis according to the need and urgency, as well as the particular law enforcement agency making the request.
What are cookies and how do we use them?
What choices are available to you regarding the collection, use and distribution of the information and how you can correct any inaccuracies in information?
If you do not want to receive e-mail from us in the future, please let us know by calling, logging into your account and updating your profile, or by writing to us at the post office address made known on this Website and telling us that you do not want to receive e-mail from our company.
If you provide us with your e-mail address, you may receive messages about your order status, issues regarding the operations of this Website, and messages from subsidiaries of SolarisWholeHealth.com and other companies with operational relationships to SolarisWholeHealth.com.
If you provide us with your postal address, you may receive periodic catalogs from us, or other notices containing information about new products and services or upcoming events. On occasion, we may make our postal mailing address lists available to subsidiaries and affiliated companies that are part of SolarisWholeHealth.com family of companies. We may also make our postal mailing address lists available to other direct mail companies who we believe may have products and services of interest to our customers. However, we do not share e-mail addresses with any outside organizations for marketing purposes. If you do not wish to receive postal mailings from the SolarisWholeHealth.com, its subsidiaries, or third-party organizations, please let us know by calling, or writing to us at our post office address. Please provide us with your exact name and postal address and state which lists you wish to be removed from so that we can be sure your information is removed from future mailing lists.
We will request your telephone number or facsimile (FAX) number, and if you provide it, you may receive telephone or FAX contact from us with information regarding your orders or requests for information. We do not share phone or FAX numbers with third parties for marketing purposes.
What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control?
SolarisWholeHealth.com values your business and is committed to doing everything possible to make our online ordering process secure.
Secure Ordering Process
Any credit card information you enter on our site is strongly encrypted by industry-standard protocol, SSL (Secure Sockets Layer). SolarisWholeHealth.com uses SSL to communicate with secure browsers like Firefox, Chrome, Internet Explorer and Safari. These browsers encrypt your credit card and personal information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server. Don’t worry if your browser is secure or not – if it is insecure, you will not be able to purchase on our online store.
Once you have completed your order online, our security procedures do not end. We take appropriate precautions to protect the security and privacy of the information stored on our computer networks. Our systems are also housed in secure facilities, and access to your data by our employees is limited to a “need to know” basis, controlled by password protected systems, and monitored for abuse.
If you are still unsure of giving your credit card over the Internet, please feel free to phone or fax your order to us. For telephone ordering or assistance, please call 908-221-1112. Our fax number for orders is 908 221-1131.
In accordance with federal law, we do not knowingly collect personally identifiable information from children under age 13 without the verifiable permission of a parent or guardian. If you are under age 13, you are welcome to browse our web site. However, you are not permitted to use any of the features of our site that require the collection of any personally identifiable information. If we determine that we have erroneously collected a child’s information, we will immediately undertake to delete that data from our records.
Solaris Whole Health Healthcare Disclaimers
DISCLAIMER OF HEALTHCARE RELATED SERVICES
The information on the Solaris Whole Health, Limited Liability Company (“Solaris”) website, any informational pamphlet or product insert, or potentially through links on this website to other websites, as well any other information obtained from Solaris or a Solaris counselor, at any time, including but not limited to during a Solaris program, a private consultation, a phone inquiry, or otherwise (the “Information”) is only for general health and nutrition educational purposes and is NOT a substitute for licensed healthcare services, nor is it intended to diagnoses or suggest a course of treatment for any specific condition. Neither Solaris nor any Solaris counselor are licensed or registered by any authority to perform healthcare services and do not engage in or offer to engage in the practice of medicine or any other State-licensed or registered healthcare profession or services, such as licensed dietician-nutritionist services, nursing, massage therapy or psychology. Solaris and Solaris counselors do not – and in no event shall they be construed to – diagnose, treat, operate or prescribe for any disease, disorder, sickness, pain, injury, deformity or physical or mental condition. Website visitors and clients who participate in a Solaris program should continue to visit and to be treated by their licensed healthcare professionals, including, without limitation, a physician, and should consult a physician before taking any nutritional supplements discussed during a Solaris program or before otherwise taking any action or inaction based upon any Information obtained on this website or from Solaris or a Solaris counselor. Any statements made within the Information have not been evaluated or approved by the Food and Drug Administration or any other governmental authority unless otherwise specifically noted and is not necessarily based on scientific evidence from any source. Solaris recommends your physician or licensed health care practitioner be fully advised of any nutritional supplement regimen you are considering to ensure that it fits in with the overall health plan as advised by them. The products sold on the Solaris website are intended to support general well being and to be part of an overall well balanced diet and are not intended to diagnose, treat, cure or prevent any disease.
Solaris is not a healthcare provider or other entity subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and/or the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and their implementing regulations. No information you disclose to Solaris via this website or during the course of a client program is protected under HIPAA and/or HITECH. With that said, we strive to be as proactive and protective of your rights as possible, and although not required as we are not a healthcare provider, all of our platforms are HIPAA compliant and we strive to remain so.