OUR WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information on the Website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or making changes to your diet, or adopting any treatment for a health problem. For any products or services purchased from the Website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the Website. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT create a doctor-patient relationship between you, Holistic Blends, Inc. and Sherry Brescia or any of the physicians affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
COPYRIGHT AND TRADEMARKS
The brand name “Blue Rock Holistics” and all logos, page headers, custom graphics and icons are trademarks, proprietary property, intellectual property and/or service marks owned by Holistic Blends, Inc. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners.
Our Website and our e-mails contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of the Website and/or our e-mails for the sole purpose of placing an order through our Website. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on the Website and/or in our e-mails, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
YOUR ACCOUNT OBLIGATIONS
You will provide a user name and a password of your choosing when creating your account. You agree to maintain the security of your account on our Website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Certain products or Services may be offered for sale on our Website. In the event you wish to purchase any of these products or Services, you will be asked by our Website or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our Website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
In the case of your Great Taste No Pain or Great Taste No Gluten order, there is a 100% money back guarantee. If you are not completely satisfied with your publication simply return it within 60 days for a full refund (less shipping and handling charges). Upon receipt of your merchandise, we will credit your account in full.
In the case of your Blue Rock Holistics dietary supplement order, there is a 100% money back guarantee. If you are not completely satisfied with our vitamin/supplement products simply return the unused portion within 60 days for a full refund (less shipping and handling charges). Upon receipt of your merchandise, we will credit your account in full.
YOUR CONDUCT ON OUR WEBSITE
Any conduct by you on our Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website will not be permitted. You agree to use our Website only for lawful purposes. You are prohibited from posting on or transmitting through our Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another's faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You also agree not to use our Website to post petitions for any issue or cause or post an advertisement or solicitation of funds, goods or services.
You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of the staff of our Website, will be removed from any blog or similar community board on our Website.
You may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references or chain letters of any kind.
Any threat or suggestion to commit suicide will be reported to the proper authorities and the posting will be removed from any blog or similar community board on our Website. If you are in need of someone to talk with, call the National Crisis/Suicide Hotline at 1-(800) 999-9999. If you are in immediate danger, call 911.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Website, use of our Website, or access to our Website, except as stipulated in the Professional Affiliate Agreement*. You agree not to access our Website by any means other than through the interface provided by us for use in accessing our Website.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our Website, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our Website, without prior notice.
USAGE OF OUR WEBSITE BY MINORS
Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Website must be 18 years of age or older.
The Website is provided for your use on an "as-is," "as available" basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, "associates"), do not make any representations or warranties of any kind, express or implied, with respect to our Website or its Content, including, without limitation, the products, services or information offered or sold on or through our Website or any other website to which our Website links and the uninterrupted or error-free use of our Website. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. Despite our best efforts to provide a secure site, we do not warrant that our Website or files available on our Website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of the Website and any website linked to our Website is expressly at your own risk.
All information contained on our Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on the Website for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our Website. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our Website. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT constitute a doctor-patient relationship between you, Holistic Blends, Inc. and Sherry Brescia or any of the physicians affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other websites that contain links to or from our Website. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
Price and availability information on our Website are subject to change without notice.
LIMITATION OF LIABILITY Under no circumstances shall we or any other party involved in creating, producing, or distributing our Website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Website or any data or information transmitted in connection with the use of the Website. (ii) personal injury or death caused by your use or misuse of our Website, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our Website, or (vi) any other matter relating to our Website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability to you for any reason, and your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the amount paid by you for any product, information or service purchased by you from us through our Website.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from our Website to either a foreign national or a foreign destination in violation of such laws.
We may elect to electronically monitor areas of our Website. We are not responsible for screening, policing, editing, or monitoring Content on our Website. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our Website. We may terminate your access, or suspend your access to all or part of our Website, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products (without obtaining prior authorization to do so). In addition, we reserve the right to limit quantities of items purchased by each customer.
APPLICABLE LAW; JURISDICTION AND VENUE
We control our Website from our offices within the United States. We make no representation that the Content on our Website is appropriate, legal or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Website, the services provided through our Website or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction shall be in the state and federal courts located in the State of New York with venue in the county of Onondaga.
All funding and support for the Website are provided by Holistic Blends, Inc., a private commercial business.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Holistic Blends Inc. The collective work includes works that are licensed to Holistic Blends Inc. Copyright 2003, Holistic Blends Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Holistic Blends Inc. or purchasing Holistic Blends Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Holistic Blends Inc. or to purchase Holistic Blends Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Holistic Blends Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Holistic Blends Inc. used in the site are trademarks or registered trademarks of Holistic Blends Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Holistic Blends Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Holistic Blends Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Holistic Blends Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Holistic Blends Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Holistic Blends Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Holistic Blends Inc. product is mistakenly listed at an incorrect price, Holistic Blends Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Holistic Blends Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Holistic Blends Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Holistic Blends Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.
Holistic Blends Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Holistic Blends Inc.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Holistic Blends Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Holistic Blends Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Holistic Blends Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Holistic Blends Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Holistic Blends Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Holistic Blends Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Holistic Blends Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Holistic Blends Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Holistic Blends Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Holistic Blends Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Holistic Blends Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Holistic Blends Inc., Holistic Blends Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Holistic Blends Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Holistic Blends Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites, it links to as well (including if a specific link does not work).
Holistic Blends’ Affiliate
Program Terms & Conditions
Holistic Blends, Inc. is dedicated to providing a superior product line including vitamin and supplement products and healthy eating books, and maintaining the highest standards of ethicacy in the marketing and distribution of our product line.
This Affiliate Agreement (“Agreement”) contains the entire understanding between Holistic Blends, Inc. (hereinafter “us”, “we” and “our”), and you (hereinafter “you” “Affiliate”, “Applicant”) regarding your application to participate in our Affiliate Program (the “Program”) to sell Holistic Blends’ products.
We do not accept applications from any applicant operating a Web site or Blog that contains offensive, illegal or tasteless material. For clarification, this includes preclusion of sites that contain: (1) sexually explicit, obscene or pornographic content (whether in text or graphics), (2) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (3) violence in any form, (4) content related to liquor, tobacco, guns or firearms, drugs, gambling, crime or death, (5) politically sensitive or controversial issues, (6) any unlawful behavior or conduct (7) copyright or trademark violation, (8) promotion of use of “spam” or other Internet marketing activities that we deem inappropriate.
In addition, click bait sites and sites using “black hat” techniques will not be approved, nor will sites not in compliance with The Food & Drug Administration’s advice about nutritional supplements and Google’s AdWords policies.
We will also not accept applications from any a Web site that does not have a complimentary theme or interest with our products.
Upon acceptance of your application, this will be a legally binding agreement.
1. Commissions: You understand that, upon acceptance of your application, you will be enrolled in the Holistic Blends Affiliate Program. You understand that you will earn commission as follows:
20% of the amount paid for each of our products, before taxes or shipping.
Our products are currently comprised of Great Taste No Pain, Great Taste No Gluten and our line of Blue Rock Holistics™ nutritional supplements.
You understand that commissions are paid monthly for all completed, approved sales and that payments are processed on or about the 10th of each month for the previous month’s earnings that equal or exceed $25 (US).
2. Voluntary participation: You understand that the participation in this program is voluntary.
3. Authorization: You understand that you are not authorized to make any representations binding upon us and that exposure of our product shall be limited to references and/or endorsement but in no event shall representations of our products content or utility be made in excess of those made by us in our advertisements and descriptions.
4. No association: This agreement is purely a basis for earning a commission on sales generated through referral by a link or banner on an affiliate’s web page, blog, newsletter or e-mail. The term “Affiliate” does not imply any formal association, joint venture or partnership with us and the Affiliate does not own any rights regarding our products, intellectual property, logos or trademarks.
5. Advertising materials: The Affiliate is permitted to represent us by displaying banners and text links on their own web site, blog or in emails, referring our products to prospective customers using the tools we provide to advertise our products or tools at the disposal of the affiliate.
6. Commission rate changes: We reserve the right to alter the rate of commission at any time upon notice. Any credit accumulating after such notice will be at the new rate.
7. Product price changes: We reserve the right to change the product prices. Commissions are earned based on prices at the time of purchase.
8. Credit for commissions: Commissions will be credited to you only after the payment for the sale has cleared. If the customer requests a refund at a later time, or a charge back on their credit card occurs, the original commission credited will be deducted from your future commissions.
9. Commission tracking: Commissions are tracked with “cookies” that are placed on the referred visitor’s computer when they click on our link and thereafter expire in 90 days. Any time a referred visitor buys our product as a result of clicking on your link to us and the purchase occurs within 90 days of the cookie having been placed on their computer, commissions will accrue.
10. Minimum commission payment: Accumulated commissions equal to or exceeding $25.00 will be paid monthly. Accumulated commissions under $25 will be held in the Affiliate’s account and will be paid when the earned commission due is at least $25, or when the Affiliate’s Agreement is terminated for reasons other than cause (as described in paragraph 12), whichever is earlier.
11. Payment of commissions: Checks will be processed on or about the 15th of each month for commissions earned and payable through the prior month. We will not accept responsibility for clearing a check at your financial institution. It is your responsibility to arrange a manner to cash or deposit your check. It will be drawn from a US bank in US funds. If your bank does not accept US checks, you must make another arrangement to cash or deposit your check. We cannot provide any assistance in this regard.
12. Termination for cause: We reserve the right to periodically evaluate your site and terminate individual agreements after notification through email. Holistic Blends, Inc. accepts no responsibility for any false claims made on an Affiliate’s site about our products. The Affiliate agrees to hold us harmless from liability resulting from statements appearing on their website for (i) Affiliate product claims not approved by us in writing or (ii) product claims not derived from our Affiliate Toolkit. We also disclaim responsibility for any offensive or adverse comments introduced by other individuals on Affiliates’ sites. In situations where we discover false, offensive, or adverse language, images, sounds, links or malware on an Affiliate’s site, regardless of the source, or the Affiliate otherwise violates the terms of this agreement, our sole responsibility ends at notifying you that your agreement is terminated. No explanation for the termination will necessarily be given and no further commissions will be paid.
13. Tax responsibilities: Any tax liability on the amount of commission received will be the Affiliate’s responsibility. You are not employed by us, nor are you entitled to any benefits normally found in an employer/employee relationship. Nothing in this contract suggests or provides any form of legal or tax partnership, agency or franchise arrangement. You are required to claim the commissioned earned from us on your tax return.
14. Anti-SPAM policy: You must not use any unsolicited bulk email (SPAM) or off-topic newsgroup posts to promote our products in any way.
15. The assumption of risk: You understand that you use this service at your own risk. You agree to hold us harmless regarding the success or failure of any of your marketing efforts. You understand that our tracking links and order forms may be susceptible to down time as any other website or blog on the Internet. We are not responsible for lost revenue due to system outages or other problems.
16. Our policies govern: Our policies apply to all orders. Every customer who buys a product through this program shall be deemed our customer. The Affiliate does not have the authority to make or accept any offer on our behalf or to create policies regarding customer orders, including product availability, pricing and problem resolution. We are not responsible for any representations made by an Affiliate.
17. This agreement shall be governed by the laws of the State of New York and the laws of the United States with any and all controversies resulting from this Agreement to be litigated in our home county (Onondaga) and State (New York).
COPYRIGHT NOTICE Copyright 2015 Holistic Blends, Inc. All rights reserved. Any rights not expressly granted herein are reserved. These terms of service were last updated on April 1, 2015.