TERMS AND CONDITIONS

Health care disclaimer

The content, products, and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a licensed therapist or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a mental health and/or substance use problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

Terms of use

Use of the Site is subject to the following terms of use. Body and Mindfully Healthy, LLC may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Body and Mindfully Healthy Site. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, Body and Mindfully Healthy may offer website visitors the opportunity to participate in additional features or services through Body and Mindfully Healthy Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.

Intended for users 18 and older

The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

You agree that you will not:

  • Upload or transmit any communications or content of any type that may infringe or violate any rights of any party

  • Use this website for any purpose in violation of local, state, national or international laws

  • Use this site as a means to distribute advertising or other unsolicited material to any third party

  • Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity

  • Attempt to disable, "hack" or otherwise interfere with the proper functioning of this website

If you use any part of the Site requiring secure access, 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.

Order limitations

We reserve the right to reject any order you place with us, or to limit quantities on any order or services, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.

Termination of use

Body and Mindfully Healthy may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders or services that you place or charges that you incur prior to termination.

Body and Mindfully Healthy reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

eCommerce

One-time charges. A valid credit card number, expiration date and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. Body and Mindfully Healthy's designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed to Body and Mindfully Healthy at the contact information given below. You understand that the prices for products and services may be changed from time to time, but that the website will reflect current prices.

Responsibility for charges and fees. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.

Indemnification

You agree that you will indemnify Body and Mindfully Healthy against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.

Disclaimers

YOU UNDERSTAND AND AGREE THAT BODY AND MINDFULLY HEALTHY SITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY BODY AND MINDFULLY HEALTHY SITE IS PROVIDED ON AN "AS IS" BASIS. BODY AND MINDFULLY HEALTHY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, BODY AND MINDFULLY HEALTHY DOES NOT GUARANTEE THAT USE OF BODY AND MINDFULLY HEALTHY SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

Errors on Body and Mindfully Healthy Site

Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Body and Mindfully Healthy reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Body and Mindfully Healthy will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site's return policy.

Limitations of liability

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL BODY AND MINDFULLY HEALTHY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Jurisdiction

You agree that any dispute or claim (including personal injury claims) related to your use of the Body and Mindfully Healthy Site is subject to the exclusive jurisdiction of the appropriate court in the state in which your care was originally given on-site by Body and Mindfully Healthy, or at which care was requested, and will be adjudicated pursuant to the laws of that state. This agreement also applies to anyone claiming on your behalf.

Contact information

If you have any questions about the Service, please contact us at melissa@bodyandmindfullyhealthy.com 

 

PRIVACY POLICY

Last updated: 12/20/2021


This Privacy Policy describes how Body and Mindfully Healthy, LLC (“we” or “us”) collects, uses, and shares your personal information when you use our website www.bodyandmindfullyhealthy.com (the “Site”). 

Topics:


  • Personal information we collect

  • How we use your personal information

  • How we share your personal information

  • How we store your data

  • Email marketing

  • Behavioral advertising

  • Your data protection rights

  • Third party websites

  • Changes

  • Contact Us



Personal information we collect 

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information”. 

We collect Device Information using the following technologies: 

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org

  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 

  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. 


We use Device Information for:

  • Functionality: To recognize you on our website and recognize your previously selected preferences, including your preferred language and your location. 

  • Advertising: To collect information about your visit, the content you viewed, the links you followed, and information about your web browser, device, and IP address. We sometimes share limited aspects of this data with third parties for advertising purposes.


You can set your browser not to accept cookies, and the website above tells you how to remove cookies from your browser. Some of our website features may not function if you disable cookies. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. 


We also collect data you provide to us directly. We refer to the data you provide as “Provided Information.” We collect and process data you provide when you:

  • Register online or place an order for any of our products or services

  • Voluntarily complete a customer survey or provide feedback on any of our message boards or via email


The Provided Information we collect may include:

  • Personal identification information (name, email address, phone number, etc.)

  • Billing information (billing address, shipping address, payment information, including credit card numbers, etc.)


When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Provided Information. 

How we use your Personal Information


We use the Provided Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, delivering products, and providing you with invoices and/or order confirmations). Additionally, we use Provided Information to: 

  • Communicate with you; 

  • Screen our orders for potential risk or fraud; and 

  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 


We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). 


How we share your Personal Information 


We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our visitors use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.


The types of third parties with whom we might share elements of your Personal Information include:

  • Payment processors engaged by us to securely store and handle payments information, such as credit or debit card information

  • Providers of email management and distribution tools

  • Providers of security and fraud prevention tools and services, 

  • Providers of data aggregation and analytics software services that allow us to effectively monitor and optimize our site


We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 


How we store your data


We securely store your data using HIPAA-compliant web-based applications through a Business Associate (Simple Practice Management Software). 


We use commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of information stored on our servers. Of course, no computer network or data transmission on the internet can be guaranteed to be 100% secure and so you submit your information at your own risk.


We will maintain your Personal Information for our records unless and until you ask us to delete this information. 


Email Marketing


If you make a purchase on this Site and/or opt in to receive emails, you agree to receive email communications from this site, including but not limited to newsletters, site updates, promotions, and other announcements and correspondence.  We are not responsible for the receipt of any such emails. You are responsible for ensuring that our email address(es) are not blocked or forwarded to your spam folder.


You have the right at any time to stop us from contacting you for marketing purposes. If you opt to unsubscribe from receiving emails, you understand that you may no longer receive information or updates from this Site, including promotions.

Behavioral advertising 


As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.


You can opt-out of targeted advertising by using the links below: 


Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/. 

Your data protection rights 


If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. Under certain conditions, you may also have the right to restrict or object to our processing of your data, and to request that we transfer your Personal Information to another organization. If you would like to exercise any of these rights, please contact us through the contact information below. 

Additionally, if you are a European resident, we note that we are processing your information to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States. 


Third-Party Websites


Our privacy policy applies only to our website. We are not responsible for the data collection, privacy practices or policies of any third-party site to which we may provide a link or that may link to our site. We encourage you to read the privacy statement and terms of use of other sites.


Changes 


We may update this privacy policy from time to time to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. 

Complaints


Please contact us if you have any complaints about how we use your Personal Information so we can resolve the issue whenever possible. Residents of the European Union also have the right to lodge a complaint with your local data protection regulator, such as the Information Commissioner’s Office in the UK.


Contact us 


For more information about our privacy practices, if you have questions, or if you would like to exercise your data protection rights, please do not hesitate to contact us.


Email us: melissa@bodyandmindfullyhealthy.com

Call us: 276-293-1235

Write to us: P.O. Box 1141, Galax, VA 24333