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You are prequalified for a 18-day sample—a $31.99 value and a FREE GIFT: Vitamin D3 . Based on your Zip Code, shipping and processing is $5.99. All orders are shipped via USPS and most ship within 24-48 hours.
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Terms & Conditions
By visiting or placing an order on www.doctorspreferred.com or any of our websites, you agree to these Terms and Conditions (“Agreement” or “T&C”), which is a legally binding agreement between you and Healthy Directions, LLC ("Healthy Directions") governing your use of these websites, your purchase of any of our products, and any of the other goods and services we offer. BY ACCESSING OUR SITES OR PURCHASING ANY PRODUCTS SOLD ON THEM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE ANY PRODUCTS OR USE THE WEBSITES. THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please see the Arbitration and Waiver of Class Action sections below for more information. We reserve the right to change or modify these Terms & Conditions at any time and your continued use of this site will be conditioned upon the Terms & Conditions in force at the time of your use.
Health Disclaimer
Any statements on this site or any materials or supplements distributed or sold by www.doctorspreferred.com have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have any medical condition, we suggest consulting with a physician before using any of our products. The results described for each product are not typical and not everyone will experience these results.
Autoship/VIP Subscription Program
If you are placing an order online as part of one of our Auto-Ship programs ("Program"), you will receive your GlucoGold sample and be charged only a $5.99 fee for shipping and processing. You have no obligation to buy anything in the future as long as you call to cancel the Auto-Ship program within 18 days after placing your order. If you do not cancel before then, you will continue into our Auto-ship Program. Your membership in the Program will remain in effect until you cancel, which you may do so at any time. Beginning about 18 days after you place your order, you will automatically be billed for a fresh 30-day supply of GlucoGold in the amount of $69.99 plus $5.99 shipping and processing and tax if applicable. Your order will in most cases ship to you the following business day. You will then continue to receive a fresh 30-day supply of GlucoGold about every 30 days for as long as you stay a member of our Auto-Ship Program. To cancel future shipments in the Auto-Ship Program, you must call 1-800-537-3044 or email [email protected]. You must cancel at least 1 day prior to the date that your next monthly shipment is scheduled to be billed in order to not be billed. Accounts canceled the day of a billing will be presented with an option to void that day’s scheduled shipment.
Your membership in the program will remain in effect until you cancel by following the cancellation instructions herein. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. If you wish to cancel your participation in one of our automatic replenishment programs, you may do so by contacting customer service by calling 1-800-537-3044 or emailing [email protected].
By proceeding with your purchase, you acknowledge and agree that Healthy Directions will not obtain additional authorization from you for each future installment of the $69.99 automatic shipment program that will be charged to the payment card you provided initially. In addition, you do not hold Healthy Directions responsible for any overdraft charges or fees which you might incur during the ongoing Auto-Ship Program.
We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. We reserve the right to refuse or discontinue the supply of GlucoGold to any user at any time in our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-800-537-3044.
By receiving a trial, you agree to all terms and conditions of the trial, including the limitation of one per household. Any trials found to have been received by a household that exceed one (1) are subject to a subsequent billing at the rate of . Unauthorized resale of trial products is strictly prohibited. Any individual or entity found to have manipulated Healthy Directions's trial offer program for purposes of resale (without proper payment) shall have committed fraud.
Refill and Save Program
If you place an order with us utilizing the Refill and Save program (“Refill and Save”), it shall remain in effect until cancelled by You or Us. If you sign up for the Program on the Website in connection with your purchase, the payment card you provide will be charged on a recurring basis based on your selection. This means that unless you cancel, after your initial purchase you will be charged the same amount (without any promo codes or one time discounts applied during the initial transaction) on a periodic basis for the same number of units ordered during your initial transaction. For example, if you order a three-month supply of a product, you will be billed for and shipped a three month supply every three months. To cancel future orders in the Refill and Save program, please call 1-800-537-3044 or email us at [email protected] at least 1 day prior to the date that your next monthly delivery ships.
Your enrollment in Refill and Save will remain in effect until you cancel by following the cancellation instructions below. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. If you wish to cancel your participation in Refill and Save, you may do so by contacting customer service by calling 1-800-537-3044 or emailing us at [email protected].
By proceeding with your purchase, you acknowledge and agree that Healthy Directions will not obtain additional authorization from you for each future installment of the Refill and Save program that will be charged to the payment card you provided initially. In addition, you do not hold Healthy Directions responsible for any overdraft charges or fees which you might incur during the ongoing Refill and Save Program.
We may, in our sole discretion, terminate your membership in Refill and Save at any time without notice to you. We reserve the right to refuse or discontinue the supply of product to any user at any time in our sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-800-537-3044.
Return Policy for Auto-Ship Deliveries
Healthy Directions LLC retains a 30-Day Satisfaction guarantee on all GlucoGold auto-ship products. If you, the buyer, are unhappy with the product for any reason - even if you've used the full supply of the supplement - you can return the empty bottle for a full refund of the purchase price including shipping and processing. To obtain your refund, you must do the following: Call us at 1-800-537-3044. You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 30 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department is NOT allowed to accept any packages without an RMA number. You must pay for return shipping.
If you are from the United States, address the return package to:
GlucoGold
2323 South 3600 West,
West Valley City, UT 84119
Please note that this facility handles return shipments only. Please direct any inquiries to the GlucoGold office at 615 South College St, Suite 1300, Charlotte, NC 28202 or [email protected].
If you are from Canada, address the return package to:
GlucoGold
PO Box 1101, RPO Steeles West,
North York, M3J 0L2
If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes 3-5 business days or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
Return Policy for Refill and Save Deliveries
Healthy Directions retains a 30-Day Satisfaction guarantee on all Refill and Save products. If you, the buyer, are unhappy with the product for any reason - even if you've used the full supply of the supplement- you can return the empty bottle for a full refund of the purchase price including shipping and processing. To obtain your refund, you must do the following: Call us at 1-800-537-3044. You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 30 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box. Our shipping department is NOT allowed to accept any packages without an RMA number. You must pay for return shipping.
If you are from the United States, address the return package to:
GlucoGold
2323 South 3600 West,
West Valley City, UT 84119
If you are from Canada, address the return package to:
GlucoGold
PO Box 1101, RPO Steeles West,
North York, M3J 0L2
If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. After the shipping department receives your return, it generally takes 3-5 business days or less to process your refund. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
Return Policy for Standard Deliveries
To be considered for reimbursement, products purchased through standard delivery ("all non-auto-ship purchased products") must be unopened and in the original packaging. To return a product you must do the following: Call us at 1-800-537-3044 within 90 days of purchase (product issues not declared within 90 days of purchase are not entitled to a refund). You will be given a Return Merchandise Authorization (RMA) number. To receive your refund, you must postmark your return within 90 days of purchase. Be sure to clearly write the return merchandise authorization (RMA) number on the outside of the box/bag. Our shipping department does NOT accept any packages without an RMA number. You must pay for return shipping.
If you are from the United States, address the return package to:
GlucoGold
2323 South 3600 West,
West Valley City, UT 84119
If you are from Canada, address the return package to:
GlucoGold
PO Box 1101, RPO Steeles West,
North York, M3J 0L2
If you wish to return a non-trial product, please contact our customer service team at 1-800-537-3044 or [email protected]. If you do return a product, we recommend that you get proof of shipment, as this can expedite the return and refund process. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card, for a full refund of the purchase price including shipping and processing. Please allow one or two billing cycles for the return to be posted to your account, depending on your financial institution.
Abuse of Returns (Standard, Refill and Save, or Auto-Ship Deliveries)
We reserve the right to deny returns for abuse of our return policy. Any customer found to return more than one shipment of the same product for a refund in any six (6) month period may be deemed an abuse and we reserve the right to deny/cancel any future shipments or returns to and from any individual or shipping address.
Using the Website
Except as expressly provided below, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. Healthy Directions will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this T&C or otherwise, except as expressly set forth in this T&C. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may only use the Website or make purchases on the Website if you are the age of majority in your state. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. In your use of the Website and the services available on the Website ("Services"), you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any web sites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other "hidden text" utilizing the GlucoGold name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this T&C.
Content
By posting, storing, or transmitting any content on or to the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).
Accuracy of Information
We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Healthy Directions to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these T&C. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Healthy Directions. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Sales Tax
If you purchase any Products on the Website, you will be responsible for paying any applicable sales tax indicated on the Website or as required by your state.
Fraud
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the applicable credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Intellectual Property Rights
All materials on the Website, including without limitation, the software, logos, design, text, graphics, images, photographs, illustrations, audio and video material, user interfaces, sounds, artwork, computer code (including html code), products, information, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors or other companies. You may not use such materials without permission. GlucoGold is a trade name we own. The related design marks, and other trademarks on the Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission. You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website.
Third-Party Websites
.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website's operators. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Comments
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website ("Comments") will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments. You will, at our cost, execute any documents to effect, record, or perfect such assignment. We will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
Indemnification
Except where prohibited by law, including in the state of New Jersey, you agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys' fees, costs and expenses ("Claims"), made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Website or Service, (c) your connection to the Website or Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
EXCEPT WHERE PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN ITS THEN-CURRENT CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.
WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Healthy Directions BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Healthy Directions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS T&C (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Applicable Law
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of North Carolina, without regard to principles of conflict of laws thereof.
Arbitration
All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&C (including its formation, performance or alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, Healthy Directions will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified Healthy Directions in writing and provided a copy of the arbitration proceedings. However, if Healthy Directions is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Healthy Directions. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Charlotte, North Carolina, but may proceed telephonically if the claimant so chooses.
The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this T&C may be joined to an arbitration involving any other party subject to this T&C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of North Carolina to enforce this T&C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
Additional Terms and Conditions
In addition to these Terms & Conditions, your purchase of Merchandise through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.Products for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. By purchasing any product through us, you agree not offer the products, or samples thereof, for resale.
We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Termination
We will have the right to terminate your access to the Website if we reasonably believe you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for the Product. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement shall survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
Miscellaneous
You acknowledge and understand that if the Website is unable to provide the Products as a result of an event outside of its control, the Website will not be in breach of any of its obligations towards you under these Terms. This Agreement contains the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This T&C and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this T&C will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this T&C. The invalidity or unenforceability of any provision of this T&C will not affect the validity or enforceability of any other provision of this T&C, all of which will remain in full force and effect.
Contact Us
Questions about the Terms & Conditions should be sent to us at [email protected].
Privacy Policy
This Privacy Policy will tell you what information Adaptive Health collects when you and others visit and interact with our websites, including on a mobile device (“Device”) and other platforms where the policy is located (the “Platform”), how we use it and what choices you have about how that information is used. This includes all of the Adaptive Health company websites (including any pre-sale pages), which are all owned and operated by Adaptive Health and its affiliates including Healthy Directions, LLC ("Adaptive Health", "we", "us" or "our"). We collect information from you and other users in connection with the sale of our dietary supplement products and related programs or features (collectively, "Services").
We urge you to read our entire Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment.
By consenting to our collection, use and disclosure of your Personal Information through your use of our website and services, you will allow us to fulfill the purposes for which we collect your Personal Information, as described above and in this Policy.
We collect this information solely to provide our consumers with excellent goods and services, and only collect and use the least amount of information required to do so. We only share this Personal Information with our trusted business partners to help us serve you, our customers. The data we collect, and use may include actively collected information and passively collected information, described in more detail below.
I. Information You Voluntarily Provide
Personal/Contact Information
When you interact with our Site, for example, placing an order, creating an account and/or profile, or purchasing a subscription on our Site, we may collect your name, email address, mailing address, contact numbers, credit card number, and expiration date, and other data detailed in the section below. The personally identifiable information we collect when you place an order, create an account and/or profile or purchase a subscription on our Site may be used for the purposes outlined in this policy, including:
- to fulfill your requests for products and services
- to notify you of order, delivery, and shipment statuses
- to provide you with offers from Adaptive Health and its affiliates
- to enhance your experience with us
- to contact you when necessary
- as further described in detail in Section IV below.
Types of Information We Collect
The information obtained depends on the context of your interactions with us and may include the following:
- Account information. For example, we may collect your contact information that you provide including name, mailing, billing, or shipping addresses, unique personal and online identifiers, telephone number, authorization credential tokens, credit card and payment information, email addresses, and mobile phone number.
- Careers. For example, we may collect your resume and employment and education history when you apply for a job on our platform.
- Content that you post This includes content posted on our Platform or sent to us in a message through the “Contact Us” page, chat, blogs, or call center.
- Social media information. This includes online information about you that you or others have posted.
Information Provided in Optional Surveys
- We may periodically ask customers to participate in online surveys or fill out online questionnaires concerning topics such as the effectiveness of our products, advertising effectiveness and customer satisfaction. All surveys and questionnaires are optional, and the information collected will not be associated with any user’s personal information. Information gathered may be shared with third parties in order to improve customer satisfaction and product effectiveness. No personal information of any user will be connected to survey or questionnaire results.
II. Information Collected Automatically
Adaptive Health also collects information automatically and passively, such as how you use our Site, as described below.
- Commercial information. For example, we may collect personal information that could identify you and relates to the products or services in which you are interested or have considered or purchased.
- Device information. This includes the type and model of Device or identifier you use to access our Platform, IP address or operating system, and geolocate information.
- Other information. We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, language, zip code, area code, location, time zone, browser types or search history, the site you came from, the site you visit when you leave us, how you interact with an e-mail message or advertisement, domain names, and other anonymous statistical data involving the use of our Site. This information may be used for our business purposes.
- Combining Information. We may combine the information we collect through our Platform. We may link this information to personally identifiable information for these and other purposes, including personalizing your experience on our Site.
III. Information We Collect From Third Parties & Affiliates
We collect personal information about you from third parties in connection with our Site and Services, including from the following sources:
- Service providers that we engage to perform portions of our Services or provide functionality or features made available through our Site or app
- Advertising providers, including online advertising networks and analytic vendors
- Social media platforms, including Facebook, FitBit, LinkedIn, Pinterest, Snapchat, TikTok, Twitter, and YouTube
- Promotional partners
- Companies (such asis Five9, Inc., Attentive Mobile, Inc., and Quiq, Inc) that facilitate chats and text messages between you and us.
- Your contacts or friends who provide your information
Additionally, we may collect some or all of your Personal Information from our parent company, affiliates, any subsidiaries, joint ventures, or other companies under a common control.
IV. What Adaptive Health Does With Your Information
How We Use Personal Information
Examples of how we may use your information include:
- To Provide our Products and Services. We may use your information to fulfill your requests for products or services and process requests.
- To Run and Improve our Platform and Business. We may use your information to improve our products and services, make our Platform and business better, and to customize your experience with us.
- To Communicate with You. We may communicate with you about your account, this Policy, or our Platform terms and conditions.
- To Verify Your Identity. This includes verifying your identify through other authorization information you provide, for example AppleID and determining your eligibility for our products and Services.
- For Marketing Purposes. We may communicate our email newsletter to you, provide you with information about our company, including advertising or providing you with information about products and offers and sending you communications, including through the mail, email, phone calls, push notifications, or text message. For more information about your choices related to these communications, see the Choices section below.
- To Perform Data Analytics. This may include monitoring and analyzing user activity, market research, customer segmentation, financial analysis, and evaluating the effectiveness of our marketing activities.
- To Respond to Your Requests or Questions. This may include responding to your feedback.
- For Customer Satisfaction. Adaptive Health periodically asks customers to participate in online surveys or fill out online questionnaires concerning topics such as the effectiveness of our products, advertising effectiveness and customer satisfaction. All surveys and questionnaires are optional, and the information collected will not be associated with any user’s personal information. Information gathered may be shared with third parties to improve customer satisfaction and program effectiveness.
- For Referrals From time to time, Adaptive Health collects third-party email addresses or other contact information from our users and customers so that Adaptive Health may send information to their friends and family on an as-requested basis, such as for referral coupons. We also require the same when users utilize certain functions such as "email this to a friend" features.
- For Security Purposes. This could include protecting our company and consumers who use our products and services, protecting our Platform, or investigating a potential fraud.
- As Otherwise Permitted by Law or As We May Notify You.
Will Adaptive Health disclose the information it collects to outside parties?
From time to time, we may make customer email addresses and postal addresses available to other businesses whose products or services might be of value to you. If you do not want us to share your information with other companies or organizations for their marketing purposes, please let us know by emailing us at [email protected]. If you opt-out of promotional or newsletter emails from Adaptive Health, we may continue to send you certain communications such as service announcements and administrative messages, relating to Adaptive Health that are necessary to our relationship with you.
How We Share Personal Information
We may share your personal information in the following ways:
- Internally. We may share personal information with our parent company, affiliates subsidiaries, joint ventures, or other companies under a common control.
- With Our Service Providers. We may share your personal information with third parties who perform services on our behalf. This may include companies that send emails on our behalf or help us run our Platform. For example, we use Five9 and Attentive to facilitate our online chat features, and Five9 and Attentive record data and the substance of chats collected via the chat feature. For more information about Five9, please visit: https://www.five9.com/legal. For more information about Attentive, visit: https://www.attentive.com/legal/privacy. We also use Quiq to facilitate texting chat features. For more information about Quiq visit: https://quiq.com/privacypolicy.
- With Our Business Partners. Adaptive Health shares your information (other than payment information) with third-party vendors for shipping and billing purposes and with other third-parties that provide a service for Adaptive Health to help us operate our business and the Site and administer activities on our behalf.
-
With Third Parties for Marketing Purposes. Adaptive
Health may also provide your information and aggregate statistics
about our customers, sales, traffic patterns, and related site
information to reputable third-party vendors. This may include the
delivery of interest-based advertising, analytics, reporting, or
strategy. For example, we use HotJar, LiveIntent, and Google
Analytics, a service provided by Google, Inc., to gather information
about your preferences and how you and other users engage with our
Site and app. For more information about HotJar, Google Analytics, and
LiveIntent please visit:
- www.hotjar.com/privacy
- https://www.liveintent.com/services-privacy-policy
- www.google.com/policies/privacy/partners
- With Any Successors to All or Part of our Business or One of Our Brands. Adaptive Health may also sell, transfer, or otherwise share some or all its assets, including your personally identifiable information and non-personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned use or sharing of your information differs materially from that set forth in this Privacy Policy.
- For Other Reasons We May Describe to You.
In addition to what we have described above, Adaptive Health may also disclose your personal information to third-parties in certain limited circumstances, as follows:
- as necessary if we believe that there has been a violation of our Site Terms and Conditions, of the law, of our rights or of any third party;
- to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and
- to share your account information with other members of your household.
Credit Card and Payment Information Adaptive Health does not share any of your payment information with third parties (except to its payment processors).
Text Messaging All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
How does Adaptive Health protect customer information?
All information collected by us is maintained in a reasonable manner and pursuant to applicable law. The importance of security for all Personal Information associated with those who access or use our websites and the services they offer is of utmost concern to us. We employ commercially reasonable physical, technological, and administrative safeguards to protect your Personal Information using industry standard technology. Your Personal Information resides on a secure server that only selected Adaptive Health employees and contractors have access to via password. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents and distribution institutions that employ appropriate security safeguards. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through our websites cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, where you use passwords, ID numbers, or other special access features on our website(s), it is your responsibility to safeguard them and utilize strong, complex passwords. If you have a user account on any of our websites, you agree to maintain the confidentiality of your account details and notify us immediately of any unauthorized use of your account or any other security breach relating to your account. We are not liable for any loss or damage arising out of your failure to comply with this section.
Mobile Devices/Third-Party Fees
From time to time, we may make mobile device applications and mobile marketing campaigns available to you and may allow you to register for services that involve push notifications and/or emails being sent to your mobile Device. Promotional messages on shortcodes 231231, 321321, 369369, 42424, 508508, 52926 and 215215 are recurring messages. You are responsible for obtaining access to the mobile Device services. Such access may involve third-party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, emails or other materials to your mobile Device. Please consult your mobile service provider's pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving push notifications or emails from/to your mobile device. You will be given the opportunity to opt-in to receive push notifications or emails to your mobile Device at the time you register for the campaign and with each message or email you receive. To stop receiving text messages, text “STOP” to our shortcode by responding to any text message received from Adaptive Health. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just re-subscribe in the same manner that you previously used to sign up.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by contacting us at https://adaptivehealth.com/contact[email protected] or 1-888-914-9661 PIN 930269. Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Mobile marketing campaigns may involve your sending text message or e-mail from your mobile Device to us or a third-party campaign operator. An autodialed text message, e-mail or other response will then be sent to your mobile Device. Opting to participate in a campaign is 100% your choice. Your consent to receive marketing text messages is not a condition of any purchase with Adaptive Health, and you may opt out at any time.
When you engage in these mobile marketing campaigns, we and the third-party campaign operator that we work with may collect your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information. Text messaging originator opt-in data and consent will not be shared with any third parties.
Our Social Media Pages & User Review Platforms
As part of our Services, you have access to our social media pages and user review platforms, (collectively, "Forums"). When leaving a product review, you are required to include your name, e-mail address, and zip code. Social Media Pages give our customers the opportunity to interact with us or others. Forums are moderated to help keep inappropriate messages from being posted. You are offered the opportunity to include your email address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose personal information through or on these Forums your information can be viewed, collected and used by others. In short, if you post personal information in a Forum that is accessible to the public, you may receive unsolicited messages from other parties in return. We cannot control the actions of any third-parties. By posting any comments, pictures or other information ("Content") in a Forum hosted by us, you grant us a non-exclusive, irrevocable, perpetual and worldwide right to copy and post both such Content within our Site, and those of our parent, affiliates, subsidiaries, assigns, agents and licensees and any social media outlets and advertising medium through which we are engaged or elsewhere on an Adaptive Health Site, without any further notice to you or any remuneration therefor.
V. Your Rights and Your Consent
This Privacy Policy sets forth our current policies and practices with respect to Personal Information, including Sensitive Personal Information, of the users of any of our websites. "Personal Information" is any information about an identifiable individual, which includes information such as full name, e-mail address, mailing address, phone number and sales delivery, billing and credit card information. “Sensitive Personal Information” is personally identifiable information that reveals information such as geolocation data. By using our websites, you agree with the terms of this Privacy Policy. Whenever you submit information to us through our websites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. You can withdraw your consent at any time. However, if you choose to do so, we may not be able to offer you the functionality and services of our websites (for example, if you do not provide your payment information, we cannot process an order for you through our website).
A Special Note to Parents or Legal Guardians
Adaptive Health web sites are intended only for consumers who have reached the age of majority. This Site is neither intended for nor directed to anyone under the age of majority and we shall not knowingly solicit or collect any personal information from such individual under the age of majority. If you are a parent or legal guardian and think your child under the age of majority has provided us with personal information, please contact us at [email protected]. You can also write to us at the address listed at the end of this website Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children's privacy on-linehere.
Choices Regarding Your Information
You have certain choices about how we use your personal information. Certain choices you make are browser and device specific. Note that you will still receive transactional messages from us, including responses to your inquiries. To opt out of receiving our marketing communications, you can follow the instructions contained below.
Cookies
When you use our Site, we gather web traffic information via "cookies". Cookies are small pieces of digital information stored by your browser on your computer and track initial and returning visits, browsing patterns on our Site, and products ordered and viewed. Our cookies do not contain personally identifiable information, but they enable us to identify you as a repeat visitor and help us personalize your online experience. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. For more information on how to control browser cookies, click here.
You need to have cookies enabled on your computer to use our Site. If you do not accept cookies to use our Site, you may not be able to use certain resources or features of our Site.
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, and they are not placed on your computer. You may need to take additional action to manage flash cookies, which you can learn more about here.
Web Beacons, Pixel Tags, and 3rd Party Cookies
Adaptive Health, or third parties engaged by us, may use web beacons on some pages of this Site. A web beacon (also known as a pixel tag or clear GIF) is a graphic image which is used to better understand the browsing patterns of visitors to the page.
When the HTML code for the web beacon points to a website to retrieve the pixel image, information can be passed along such as the IP address of the computer that requested the image, the time the web beacon was viewed and for how long, the type of browser that was used, and previously set cookie values. Web beacons DO NOT pass or read personally identifiable information about you.
Web beacons work in conjunction with cookies set by trusted third parties that are used to assess the effectiveness of promotional campaigns or to optimize advertising once a user leaves a website. View your browser’s help section to determine how to configure your browser to reject or manage first-party (i.e., Adaptive Health) and/or third-party cookies. Adaptive Health shares aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns but does not disclose personally identifying information to these vendors.
Third-party ad servers may track anonymous website usage through web beacons on our Site and other websites. They do this by setting a cookie (or reading a cookie previously placed by them) on users’ computers to track the activities of users who view a web page that contains web beacons. Third-party ad servers may use information about your visits to this Site and other websites to provide advertisements about goods and services that may be of interest to you. Periodically, upon our request, third-party ad servers may report the anonymous data that they collect on our behalf back to us for our internal use and analysis and our treatment of this anonymous data is governed by the terms of this Privacy Policy. To learn more about targeted advertising, these providers, or how you may opt out, please visit the Digital Advertising Alliance’s consumer choice page at http://www.aboutads.info/choices. Technologies other than http cookies may be used by third-parties in a similar way, to recognize the email recipients’ computer or device and to keep track of which user identities match to which devices or browsers, and those technologies may not respond to browser settings that block conventional cookies. You may opt out of many of these types of technologies by visiting the National Advertising Initiative’s opt out page at http://www.networkadvertising.org.
Email Tools: You can also change your email settings to block the automatic download of images in email messages, as such images may contain technologies that help us understand how you interact with the message.
How we respond to “DO NOT TRACK” signals
We do not respond to web browser "do not track" signals or other mechanisms that provide you the ability to exercise choice regarding the collection of personal information about your online activities over time and across third-party websites or online services.
We may use cookies and web beacons for insight with respect to the usage of the Site, and so that we could continually improve our customer’s experience. At times, we use third parties to analyze usage of our website. However, we do not disclose your personally identifiable information to such third parties. The tools we use to perform this tracking, including Google Analytics, and HotJar all respect Do Not Track signals from your browser.
For more information about our advertising policies, please click here.
California Privacy Notice
The California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), requires us to make specific disclosures about how we collect, use, and share the personal information of California residents who are subject to CCPA (“California Consumer Personal Information”). CCPA also grants such California residents certain rights related to their personal information.
This section of our Privacy Policy explains our collection and use of California Consumer Personal Information and includes instructions for California residents who wish to exercise their rights under the California Consumer Privacy Act. Note that this section does not apply to the Personal Information of California residents that we collect in the employment context or in certain business transactions. This section also does not apply to any Personal Information that may be captured by our customers using our products or services.
Information about the categories of Personal Information we have collected and shared in the preceding twelve (12) months is described below:
| We may collect this category of California Consumer Personal Information. | Do we use and share this category of Personal Information for “business purposes?” | Do we use and share this category of Personal Information for “commercial purposes?” | Do we “sell” this Personal Information? |
|---|---|---|---|
| Identifiers: real name, alias, postal address, Internet Protocol address | YES | YES | YES |
| Customer records containing personal information | YES | NO | YES |
| Characteristics of protected classifications under California or federal law | YES | NO | NO |
| Commercial information: including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies | YES | YES | YES |
| Internet or other electronic network activity information: including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. | YES | YES | YES |
| Geolocation data | YES | NO | NO |
| Audio, electronic, or similar information | YES | NO | NO |
| Professional or employment-related information | YES | NO | NO |
| Non-public personal education information | YES | NO | NO |
| Inferences drawn from the above categories of information to create a profile about preferences | YES | YES | YES |
- We collect California Consumer Personal Information as described above in Sections 1-3 of this Policy
- We use the California Consumer Personal Information we collect for “business purposes” and “commercial purposes” as these terms are defined in CCPA. These purposes are as described in the “HOW WE USE PERSONAL INFORMATION” section of this Policy.
- We share California Consumer Personal Information we collect with third parties as described in the “HOW WE SHARE PERSONAL INFORMATION” section of this Policy.
California Residents Rights under the CCPA: Subject to certain exclusions, the CCPA, allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information give consumers the following:
- The right to request the following information regarding our use of your California Consumer Personal Information (“Right to Know”):
- The categories of your Personal Information that we have collected
- The purposes for which we have collected or used such California Consumer Personal Information
- The categories of sources for the California Consumer Personal Information we have collected about you
- The categories of third parties with whom we have disclosed your California Consumer Personal Information
- If we have disclosed your Personal Information for a business purpose, a list identifying the California Consumer Personal Information categories that each category of recipient obtained
- If we have sold your personal information, a list identifying the California Consumer Personal Information categories that each category of recipient purchased.
- The right to receive a copy of your California Consumer Personal Information.
- The right to request us to delete your Personal Information when we no longer need such data in connection with our Services (subject to certain exceptions that may apply under applicable law).
- The right to equal rights and services. This means that we are prohibited from discriminating against you if you exercise your rights under CCPA.
- Notice of Right to Correct. California law also provides consumers the Right to Correct. This right allows consumers to contact us and request that we correct inaccuracies in a consumers’ Personal Information. Subject to applicable law, you can correct errors in your data by contacting us.
- Notice to Limit the Use or Disclosure of My Sensitive Personal Information. California law also allows you the right to limit the use or disclosure of your Sensitive Personal Information except as necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such goods and services. You have the right to submit a verified request to us to limit the use or disclosure of your Sensitive Personal Information.
The categories of Sensitive Personal Information that we may collect about you are described below:
| We may collect this category of “Sensitive Personal Information” | Do we use this category of sensitive personal information for “business purposes?” | Is this category shared or sold? |
|---|---|---|
| Precise geolocation | YES | Shared with Subsidiaries |
- The right to opt out of the sale of your Personal Information.
Do Not Sell or Share My Personal Information: Notice of Right to Opt-Out of the Sale or Sharing of Personal Information
We engage in the “sale” of personal information, as defined by the California Consumer Privacy Act (“CCPA”) with certain marketing co-op platforms that use customer data as part of the cooperative marketing database to help companies gain prospective new customers. Adaptive Health does not knowingly sell the Personal Information of minors under the age of 16 without receiving affirmative authorization. Under California law, residents of California may request that we cease selling or sharing their Personal Information (“Request to Opt Out”).
California residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
- Phone: 1-888-914-9661 PIN: 930269
- Web (click here)
Please provide us with the following information when making any such request:
- Name
- Address
- Phone number
- E-mail address
- The request that you are making, (that you are making a Request to Opt Out or any other request rights set forth above that are provided to California Residents).
If we are able to find your information in our system and you have made a request to be opted out of the sale of your personal information, we will complete your request and forward it to those entities with which we sell or share data and send you a confirmation.
In compliance with CCPA, we maintain records of consumer requests for at least 24 months.
Only you, or someone legally authorized to act on your behalf (“Authorized Agent”), may make a verifiable consumer request related to your California Consumer Personal Information. Please understand that we are required to verify requests to access, delete, or correct personal information and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with California Consumer Personal Information if we cannot verify your identity or authority to make the request and confirm the California Consumer Personal Information relates to you.
Use of authorized agents
You may use an authorized agent to make a Request to Opt-Out, a Request to Limit Use or Disclosure, a Request to Know, a Request to Correct, or a Request to Delete. To do so, please have your authorized agent contact us using one of the methods, and providing the requested information above, to make the request. Please note that your agent must provide us with a signed document evidencing your authorization for the agent to operate on your behalf related to these requests. We may also ask to contact you to verify the request.
Please note that under the California Regulations and the California Consumer Privacy Act, a copy of your agent’s request will be kept.
If any request under California law is denied or denied in part, you will be alerted to that fact and provided an explanation.
Making a verifiable consumer request does not require you to create an account with us. We will only use California Consumer Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
California’s "Shine the Light" law. California’s "Shine the Light" law. California’s Civil Code section 1798.83 requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third-party businesses for the third-party businesses’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third-party businesses for the third-party businesses’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third party businesses for the third-party businesses’ direct marketing purposes, please opt-out here.You can also make a request, by sending us an email at [email protected]or writing to us at the address listed below. Indicate in your email or letter that you are a California resident making a “California Shine the Light” inquiry.
Nevada Privacy Notice
If you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A (“603A”), you have the right to submit a verified request to us, directing us not to make any sale of certain personal information that we have collected or will collect about you. Nevada residents who wish to exercise their rights under this section can email us via the web (click here). Please indicate you are a Nevada resident making a “Nevada Opt-Out” request.
Virginia Privacy Notice
We collect and process the Personal Information of Virginia residents as described in the California Privacy Disclosure. Beginning on January 1, 2023, under the Virginia Consumer Data Protection Act, Virginia residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Virginia residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
- Phone: 1-888-914-9661 PIN: 930269
- Web (click here)
Please provide us with the following information when making any such request:
- Name
- Address
- Phone number
- E-mail address
- The nature of your request.
Please indicate you are a Virginia resident when making a request.
Colorado Privacy Notice
We collect and process the Personal Information of Colorado residents as described in the California Privacy Disclosure. Beginning on July 1, 2023, under the Colorado Privacy Act, Colorado residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Colorado residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
- Phone: 1-888-914-9661 PIN: 930269
- Web (click here)
Please provide us with the following information when making any such request:
- Name
- Address
- Phone number
- E-mail address
- The nature of your request.
Please indicate you are a Colorado resident when making a request.
Connecticut Privacy Notice
We collect and process the Personal Information of Connecticut residents as described in the California Privacy Disclosure. Beginning on July 1, 2023, under the Connecticut Data Privacy Act, Connecticut residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Connecticut residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
- Phone: 1-888-914-9661 PIN: 930269
- Web (click here)
Please provide us with the following information when making any such request:
- Name
- Address
- Phone number
- E-mail address
- The nature of your request.
Please indicate you are a Connecticut resident when making a request.
Utah Privacy Notice
We collect and process the Personal Information of Utah residents as described in the California Privacy Disclosure. Beginning on December 31, 2023, under the Utah Consumer Privacy Act, Utah residents have the rights to access, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Utah residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
- Phone: 1-888-914-9661 PIN: 930269
- Web (click here)
Please provide us with the following information when making any such request:
- Name
- Address
- Phone number
- E-mail address
- The nature of your request.
Please indicate you are a Utah resident when making a request.
Oregon Privacy Notice
We collect and process the Personal Information of Oregon residents as described in the California Privacy Disclosure. Beginning on July 1, 2024, under the Oregon Consumer Privacy Act, Oregon residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Oregon residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
- Phone: 1-888-914-9661 PIN: 930269
- Web (click here)
Please provide us with the following information when making any such request:
- Name
- Address
- Phone number
- E-mail address
- The nature of your request.
Please indicate you are a Oregon resident when making a request.
Texas Privacy Notice
We collect and process the Personal Information of Texas residents as described in the California Privacy Disclosure. Beginning on July 1, 2024, under the Texas Data Privacy and Security Act, Texas residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Texas residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
- Phone: 1-888-914-9661 PIN: 930269
- Web (click here)
Please provide us with the following information when making any such request:
- Name
- Address
- Phone number
- E-mail address
- The nature of your request.
Please indicate you are a Texas resident when making a request.
Your Consent and Notification of Change
By using our Site, telephone consultation, or mailing in requests for information you consent to the collection and use of your information by Adaptive Health. If you do not want to receive additional promotions from us, please let us know by opting out here. If you do not agree to the terms of this Privacy Policy, you should not use our Site or app.
If at some point in the future, there is a change to our information usage practices that affect your personally identifiable information, we will notify you by email or by posting the change on our Site, depending on the change. Accordingly, you should check this posted Privacy Policy for changes. All amended terms automatically take effect 30 days after they are posted.
Corrections/Updates
To make changes to any of your personal information, including name, username, password, shipping address, and telephone number, you can contact us at https://adaptivehealth.com/contact, [email protected], or 1-888-914-9661 PIN 930269
Household members may not make changes to your account information or cancel or renew your account without your express permission.
If you want to subscribe to our e-newsletter, we only require your email address. You may unsubscribe at any time by following the opt-out directions set forth below.
Unsubscribe From Email
To unsubscribe from our newsletter or to stop receiving other unwanted emails, email us at [email protected], or see one of the following suggestions to remove emails:
- Click unsubscribe at the bottom of the email you are receiving
- Mark the email address as “spam”
- Delete the email from your mailbox
Unsubscribing takes 7 to 10 business days for the cycle to run through and update.
UNSUBSCRIBE FROM PHYSICAL MAIL OR OPT OUT OF PHONE CALLS
Contact us at https://adaptivehealth.com/contact, [email protected], or 1-888-914-9661 PIN 930269
OPT OUT OF TEXT MESSAGES
Type STOP to the Text Message
VI. Third-Party Websites
Links
Our Site may contain links to third-party websites, which may have privacy policies that differ from our own. If you click on a link to a third-party site, you will be taken to a site we do not control. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through our Site.
Storage of Information
Information we maintain may be stored in or outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your personal information to the United States. This Platform is intended for use in the United States and is subject to the laws of the United States, which may not provide the same level of protections as those in your own country.
VII. Tell Us What You Think
Adaptive Health welcomes your questions and comments about privacy and/or this policy. Please send an email to: [email protected]. You may also write us at the following address:
Adaptive Health
615 South College St., Suite 1300
Charlotte, NC 28202
Re: Adaptive Health Privacy Policy
Terms and Conditions
Please also read the Terms and Conditions on the Site to understand additional terms and conditions which apply to the use of our Site.
Privacy Policy last updated November 6, 2023