Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Thank you for visiting HolisticBlends.com. These Terms of Use set forth the agreement between HolisticBlends.com (herein referred to as the “Website”) which is owned, operated and maintained by Holistic Blends, Inc., a provider of online information and products for optimum health and wellness, and each user governing the use of this website. Our Website is designed to provide a convenient, private and informative experience for our visitors as well as a place to purchase Holistic Blends Inc.’s products or other related products promoted by Holistic Blends, Inc. created to facilitate a healthy lifestyle. Holistic Blends, Inc. wants each visitor to our Website to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other.

Please read these terms and conditions carefully before using our Website. By using the Website, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use the Website. We may make changes to our Website, these terms, and conditions, or the policies and conditions that govern the use of our Website at any time. We encourage you to review our Website and these terms periodically for any updates or changes. Your continued access or use of our Website shall be deemed your notification and acceptance of these changes.

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
In order to use our Website, you agree to provide true, accurate, current and complete information about yourself on the create account form and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our Website. Account information and certain other information about you are subject to the terms of our Privacy Policy.

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.

COMMERCIAL TRANSACTIONS
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.

DISCLAIMERS
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.

INDEMNITY
You agree to indemnify, defend, and hold harmless Holistic Blends, Inc., our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through our Website, your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another person.

PRIVACY
We respect your privacy in accordance with the terms of our Privacy Policy. We reserve the right to monitor our Website and to disclose any information recorded or posted on, submitted to, or transmitted through our Website to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate our Website, or to protect our rights or property or the rights or property of our users. In addition, we are committed to protecting the privacy of children. The Website is not intended or designed to attract children under the age of 18 (see Usage of our Website by Minors above).

EXPORT
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.

OUR RIGHTS
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.

TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our Website. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Website with or without notice. You agree that any termination of your access to our Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Website.

FUNDING
All funding and support for the Website are provided by Holistic Blends, Inc., a private commercial business.

GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and us and govern the use of our Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.


Copyright
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.


Trademarks
All trademarks, service marks and trade names of Holistic Blends Inc. used in the site are trademarks or registered trademarks of Holistic Blends Inc.


Warranty Disclaimer
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.


Typographical Errors
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.


Term; Termination
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.

Notice
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.

Miscellaneous
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.

Participation Disclaimer
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.

Indemnification
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.

Third-Party Links
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).

COPYRIGHT NOTICE Copyright 2019 Holistic Blends, Inc. All rights reserved. Any rights not expressly granted herein are reserved. These terms of service were last updated on January 25, 2019.