Effective Date: 02/02/2021
Terms of Service
Thanks for visiting https://healthylivingmarket.com (the “Site”)!
The Site is provided by Road to Hana, Inc. d/b/a Healthy Living Market & Café (“Healthy Living,” “we,” “us” or “our”). We have created the Site to enhance your shopping experience. To ensure that this online experience remains available to all of our customers, you must comply with these Terms of Service (the “Terms of Service”).
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site and any webpages, modules or applications posted or contained on or within the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
You may use the Site only for lawful purposes and in accordance with these Terms of Service. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Healthy Living, its licensors, or other providers of such material. Whether or not such materials are registered with United States or international copyright or other intellectual property agencies or authorities, they are either protected by or eligible for the protection of United States and international copyright, trademark, and other intellectual property or proprietary rights laws.These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or reverse engineer any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted under these Terms of Service are reserved by Healthy Living. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Healthy Living name, the term “Healthy Living Market & Café,” the Healthy Living apple logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Healthy Living or its affiliates or licensors. You must not use such marks without the prior written permission of Healthy Living. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
The information presented on or through the Site is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Healthy Living, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Healthy Living. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without prior notice through an amendment to these Terms and Conditions or a notice to the party linking to our Site.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies applicable to such websites.
Core Shopper Program Terms and Conditions
The Core Shopper Program Terms and Conditions (the “Program Terms”), which are a part of the Terms of Service, set forth the rules and limitations applicable to the Core Shopper program (the “Program”).
By participating in the Program, you specifically agree to be bound by the Program Terms. Please read Program Terms carefully and keep a copy for your records. We suggest you review the Program Terms periodically, as they may be updated from time to time.
You must be at least 18 years of age and reside in the United States in order to register for the Program as a participant (a “Core Shopper”). Only a retail customer of Healthy Living may register to become a Core Shopper. Use of the Program for commercial purposes is strictly prohibited. To enroll in the Program, click here.
Healthy Living reserves the right in its sole discretion to decline eligibility to any person or to, in its sole discretion, terminate any person’s participation in the Program. As a Core Shopper, you may be eligible for other offers and promotions automatically and without requiring that you go through an additional sign-up process. These offers and promotions will be complimentary to the Program, subject to your ability to opt out by contacting Healthy Living customer service.
Benefits Provided by the Program. By enrolling in the Program, Core Shoppers will be eligible for virtual punch cards and digital coupons for products available at Healthy Living, exclusive daily deals and 10% off of most products already on sale.
Redeeming Your Rewards
Rewards may be redeemed upon checkout at any Healthy Living location by either scanning your Core Shopper card or entering your phone number into the credit card reader at checkout.
Exclusions & Limitations. Rewards may only be redeemed as set forth on the applicable virtual punch card or digital coupon. Rewards and any other Program benefits may not be transferred. The Program is only valid in the United States at participating Healthy Living locations.
Communications Regarding the Program
By participating in the Program, you agree to receive communications from Healthy Living, including mail, e-mail and other forms of communication, as needed, regarding the Program and concerning Healthy Living offers and promotions that may be of interest to you. If you opt out of receiving e-mails, this may preclude you from participating and receiving the benefits of the Program. You are responsible for keeping your contact information up-to-date with Healthy Living. Lost, stolen or expired rewards, coupons or punch cards will not be replaced. Healthy Living is not responsible for communications, including rewards, coupons, punch cards or promotional offers lost due to change of address or changes in other contact information.
Unauthorized Access or Use
We are not responsible for any unauthorized access to your Core Shopper account, any unauthorized use of any rewards, coupons, punch cards, promotional offers or other Program benefits. If you believe any such unauthorized access or use has occurred, you should notify us promptly using the contact information provided below. Upon receipt of such notification, we will help you to set up a new account and transfer your existing rewards, coupons, punch cards, promotional offers (if any). However, we reserve the right, at our sole discretion, not to reinstate any rewards, coupons, points or other Program benefits which were redeemed by an unauthorized user of your account.
Opt-Out of Program
You may opt out of the Program by contacting us using the contact information provided below. Once you have opted out of the Program, you may not receive additional Program benefits and available rewards and other Program benefits shall expire immediately.
Revocation and Termination of Account or Program
We reserve the right to cancel, terminate, suspend or revoke your rewards or Program account at any time in our sole discretion, without prior notice. Upon cancellation, termination, suspension or revocation of your rewards or Program account, you may not receive additional rewards or other Program benefits and available rewards and all other Program benefits shall expire immediately.
No Cash Value or Property Interest. For the avoidance of doubt, participation in the Program and receipt of Program benefits (including rewards) does not give you any property right or other ownership interest. Rewards and other Program benefits have no cash value whatsoever.
We may amend the Program Terms at any time by posting updated or revised Program Terms to this page. Please check back regularly for any updates or revisions to the Program Terms. Unless otherwise indicated by us, any amendments shall apply to any transactions occurring on or after the effective date of the amendments. The participation in the Program after the effective date of any amendment shall confirm that you agree to the amendment. If you do not wish to agree to an amendment, your sole recourse is to opt out of the Program in accordance with the above section, “Opt-Out of Program.”
The owner of the Site is based in the state of Vermont in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative, are responsible for compliance with local laws, and expressly disclaim the protection of any privacy laws of that or those countries with respect to the obligations of Healthy Living.
Disclaimer of Warranties
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER HEALTHY LIVING NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SITE OR THE CONTENT CONTAINED ON THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HEALTHY LIVING, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY APPLICATIONS AVAILABLE FROM HEALTHY LIVING AND/OR THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Healthy Living, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Vermont, without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction) that would require the application of any other law.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Vermont in each case located in the City of Burlington, Vermont. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Healthy Living of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Healthy Living to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
It does not apply to information collected by: us offline or through any other means, including on any other website operated by Healthy Living or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.
Personally-identifiable information relates to an individual consumer – for example, name, address, telephone number and e-mail address. On our Site we may collect certain personally-identifiable information about our online visitors. You may provide personally-identifiable information, for example, by entering a promotion, or if you wish to contact us. We don’t require you to register or provide personally-identifiable information to view our Site or access much of its content. Here are the ways we collect personally-identifiable information.
Contests, Sweepstakes and Promotions
Our Site, from time to time, contains notices of contests, sweepstakes and promotions we are conducting, which you may enter electronically in some cases by providing us with requested personally-identifiable information such as name and e-mail address. We use the information you provide solely to conduct the contest, sweepstake or promotion (for example, to keep track of entries, and to contact you if you’re a winner). We won’t use the information you provide for any other purpose unless at the time of providing such information you agree that we may use such provided information for additional purposes.
Registering for E-mails
Other Site Features. We offer visitors to our Site various features for their enjoyment, which we change from time to time. We may ask you to submit certain personally-identifiable information, such as your location, so we can provide you with these features. In addition, if you wish to contact us online through our Site, our contact form asks for your name, phone number and e-mail address. You also can register your e-mail address on our Site if you wish.
Aggregate and Non-Personal Information
We may collect certain aggregate and non-personal information when you visit our Site. Aggregate and non-personal information does not relate to a single, identifiable visitor. It tells us how many users visited our Site or the pages accessed. By collecting this information, we learn how to best tailor our Site to our visitors. We may collect this information through “cookies,” “flash cookies” or “web beacons.”
Cookies (or browser cookies)
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Healthy Living, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How We Use Personally-Identifiable Information
As noted above, we use the personally-identifiable information we collect to conduct promotions, to keep in contact with you from time to time and to fulfill any other purpose for which you provide such information. For example, we may (i) send you promotional materials and other communications you request, (ii) respond to your comments or questions, or (iii) contact you if needed while processing service you requested through our Site. We also use personally-identifiable information to improve our Site features and content and to analyze Site usage. In addition, we may use personally-identifiable information for market research purposes. We also may use personally-identifiable information about you to deliver content that is customized to your interests as we understand from the information you’ve provided to us and your activities on the site. Finally, we also use personally-identifiable information to protect against fraud, unauthorized transactions, claims and other liabilities, and to comply with and enforce applicable legal requirements, industry standards and Healthy Living’s policy and terms.
How We Share Personally-Identifiable Information
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Offers from Healthy Living. If you do not wish to have your email address/contact information used by Healthy Living to promote our own or third parties’ products or services, you can opt-out by contacting us using the contact information provided below. If we have sent you a promotional email, you may send us a return email asking to be excluded from future email distributions. This opt out does not apply to information provided to Healthy Living as a result of a product purchase, warranty registration, product service experience or other transactions.
Links To Other Sites
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personally-identifiable information to or on the Site. We do not knowingly collect personally-identifiable information from children under 13. If you are under 13, do not provide any information on this Site or on or through any of its features, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personally-identifiable information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the phone number or link provided below under Contact Information.
How We Protect Personally-Identifiable Information
The security of personally-identifiable information is important to us. We maintain administrative, technical and physical safeguards to protect against unauthorized use, disclosure, alteration or destruction of the personally-identifiable information we collect on this Site. All credit card information collected or processed by the Site is encrypted using chip-based end-to-end EMV technology.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.