Privacy & Terms of Use
Introduction
This Terms of Use Agreement (“Terms of Use”) sets forth the general terms of use under which AttallaWellness.com. (“Attalla Wellness,” “we,” “us,” or “our”) permits access to and use of the Attalla Wellness website located at www.AttallaWellness.com and its sub-domains or such other URLs or domain(s) as Attalla Wellness determines from time to time (collectively, the “Site”). Please read this Terms of Use carefully before accessing or using the Site. The Site is available for use only if you acknowledge and agree to be bound by the terms and conditions of the Agreement (as hereinafter defined). By accessing or using the Site, you acknowledge acceptance of the terms and conditions of the Agreement. If you do not agree or wish to be bound by the terms and conditions of THE AGREEMENT, you may not access or use the Site. By accessing or using the Site, you hereby acknowledge and agree that (i) you have read understand, and agree to the terms of the Agreement; (ii) the terms and conditions set forth in the Agreement constitute a legal and binding agreement with Attalla Wellness; and (iii) the terms and conditions of the Agreement supersedes all prior or contemporaneous agreements regarding access to and use of the Site. The right to access and/or use the Site may be limited further by federal, state, local or jurisdictional laws, rules and regulations.
Definitions
“Agreement” means, collectively, this Terms of Use as amended by Attalla Wellness from time to time, the Privacy Policy, and any information available on the Site and incorporated herein by reference.
“Privacy Policy” means the privacy policy for the Site as posted on the Site as amended by Attalla Wellness from time to time.
“User(s)” means any person or entity that accesses and/or uses the Site.
Privacy Policy
This privacy policy discloses the privacy practices AttallaWellness.com. This privacy policy applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Eligibility
A User must be eighteen (18) years of age or older to access or use the Site in any manner. By accessing or using the Site, you are accepting the terms and conditions of the Agreement, and you are representing and warranting to Attalla Wellness that (i) you are eighteen (18) years of age or older, (ii) you have the right, authority and capacity to agree to and abide by the terms and conditions of the Agreement, and (iii) you will use the Site in a manner consistent with any and all applicable laws and regulations.
Attalla Wellness Content
The contents of the Site including, but not limited to, text, graphics, images, logos, button icons, software and other Attalla Wellness content (collectively, “Attalla Wellness Content”), are protected under United States of America copyright, trademark and other laws. All Attalla Wellness Content is the property of Attalla Wellness or its content suppliers. The compilation of all content on the Site is the exclusive property of Attalla Wellness and protected by United States of America copyright laws. Unauthorized use of the Attalla Wellness Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Attalla Wellness Content on any copy you make of the Attalla Wellness Content. Except as expressly provided for herein, the Attalla Wellness Content may not be sold, modified, reproduced, displayed, distributed, or otherwise used in any way. The use of the Attalla Wellness Content on any other Web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Attalla Wellness creates to generate any Attalla Wellness Content or the pages making up the Site, which is also protected by Attalla Wellness copyright.
Site Restrictions
You shall not and agree not to use the Site to transmit, distribute, store, manipulate or destroy material, including, without limitation, Attalla Wellness Content: (i) in violation of any applicable local, state national or foreign law, rule or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful. You are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (a) logging into a server which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the Site or any other Attalla Wellness owned or operated Web site or server, or overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Site or any Attalla Wellness owned or operated server. Violations of system or network security may result in civil or criminal liability. Attalla Wellness will investigate occurrences, which may involve such violations.
ProhibiTed Uses
You agree to use the Site for lawful purposes, only. Attalla Wellness specifically prohibits any other use of the Site, and you specifically agree not to do any of the following: (i) post any content on the Site for any competitor of Attalla Wellness or post other content that contains links to any site competitive with Attalla Wellness (ii) use the Site in any manner to compete with Attalla Wellness; (iii) post or submit to the Site any false, misleading or inaccurate contact information or such information which is not your own or for which you are not authorized to provide; (iv) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (v) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site and other than generally available third-party Web browsers (e.g., Microsoft Internet Explorer and Google Chrome); (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; (vii) aggregate, copy or duplicate in any manner any of the Attalla Wellness Content or information available from the Site; (viii) frame or link to any of Attalla Wellness Content or information available from the Site; (ix) access the Site if you are a competitor of Attalla Wellness; or (x) access the Site on behalf of or for the benefit of a competitor of Attalla Wellness.
Accounts
You may desire to set up a User account on the Site to purchase products or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at mary@AttallaWellness.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share non-public personal information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order, and except where required or permitted by law and the Agreement.
Unless you ask us not to, we may contact you via email in the future to tell you about new products or services, or changes to this privacy policy.
Limitation of Liability of Attalla Wellness
The Site and its products or the Attalla Wellness Content may contain inaccuracies or typographical errors. Attalla Wellness makes no representations about the suitability, accuracy, reliability, completeness or timeliness of the information contained at the Site and its products or the Attalla Wellness Content, and the use of the same is at your own risk.
Disclaimer of Warranty
Attalla Wellness DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Attalla Wellness IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE is PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Attalla Wellness, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANT ABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Attalla Wellness MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE and/or PRODUCTS.
Registration
In order to use this website, a user may complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
Cookies
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.
Sharing
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. And/or: We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
Links and Other Sites
The Site may contain links to third-party Web sites. These links, if any, are provided solely as a convenience to you; and not as an endorsement by Attalla Wellness of the contents on such third-party websites. Attalla Wellness does not control nor is it not responsible for the legality, accuracy, or inappropriate nature of the content of linked third-party websites. If you access linked third-party websites, you do so at your own risk. You may not deep link to the Site.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Amendments
Attalla Wellness reserves the right, in its sole and absolute discretion, to amend, change, delete, modify, revise or update the Agreement at any time without prior notice to you. No amendments, changes, deletions, modifications, revisions or updates to the Agreement shall be made except by a revised posting on the Site by Attalla Wellness and any such amendments, changes, deletions, modifications, revisions or updates will be effective immediately upon their publication on the Site. Accordingly, you acknowledge and agree that your continued access to and use of the Site after any such amendments, changes, deletions, modifications, revisions or updates will constitute your acknowledgment and agreement to be bound by such amendments, changes, deletions, modifications, revisions or updates. In the event that you do not agree to any amendments, changes, deletions, modifications, revisions or updates to the Agreement, you must immediately cease and discontinue your use and/or access of the Site. Because of the possibility that the terms of the Agreement could change between your visits to the Site, Attalla Wellness recommends that you check these Terms of Use and the Privacy Policy each time you visit the Site.
Default and Termination
You will be in default under the Agreement if you fail to perform the obligations of the Agreement. If you are in default, Attalla Wellness hereby reserves the right, at its sole discretion, to pursue all legal remedies available to it, including but not limited to an immediate termination of access to and/or use of the Site, upon any breach by you of the terms and conditions of the Agreement. You agree that action taken under this Section may be effective without prior notice. In the event of termination, however, those sections of the Agreement that provide for continuing obligations on your part shall survive such termination. Moreover, any terms of the Agreement which by their nature are intended to survive the termination of the Agreement shall continue in full force and effect after termination, which terms shall include, but not be limited to, any terms dealing with confidentiality, limitation of liability, indemnification, and proprietary rights. Attalla Wellness may immediately terminate the Agreement and User’s right to access and/or use of the Site in the event User shall breach the Agreement.
Jury Trial Waiver
You hereby irrevocably, knowingly, and voluntarily waive trial by jury in any action, proceeding, or counterclaim brought by Attalla Wellness or its successors in respect to any matter arising out of or in connection with the Site, and/or the ability to access or use the Site, or for any claim for injury or damage, or any emergency or statutory remedy.
Export Controls
The Site may utilize software and other technology that is subject to export controls of the United States of America. You are solely responsible for compliance with all applicable laws, including, but not limited to export and import regulations of other countries with respect to your use and/or access of the Site. You agree to abide by United States of America export control laws and not to transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data, images, text, video clips, audio clips, software, or other information that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Indemnity
We reserve the right to refuse service in our sole discretion and without notice. You agree to indemnify, defend (using counsel reasonably acceptable to Attalla Wellness), and hold harmless Attalla Wellness, its parent, subsidiaries, affiliates, and their respective officers, directors, employees and agents and other representatives from and against any and all claims, damages, losses, costs, expenses, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use and/or access of the Site, (ii) any information you provide to the Site, (iii) your use of any Attalla Wellness Content, and (iv) your breach of the terms and conditions of the Agreement.
Disclaimer
The statements made on this website have not been evaluated by the Food and Drug Administration. Products and services are not intended to diagnose, treat, cure, or prevent disease. If you have any concerns about your own health, you should always consult with a physician or other healthcare professional. The content available on the Attalla Wellness Sites is provided for information only. DO NOT RELY ON INFORMATION ON THE Attalla Wellness Sites, including general health information. Attalla Wellness is not a substitute for direct advice from your health care provider.
Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at mary@attallawellness.com.