Legal Notice

Hi-Health Supermart Corporation
Website Legal Notices

By using this Hi-Health Supermart Corporation ("Hi-Health") website (the "Site") you agree to be bound by the terms and conditions expressed below and in other sections of this Site.  Hi-Health may at any time and from time to time revise the terms and conditions governing your use of the Site; you should therefore consult the Legal Notices and Terms and Conditions expressed in the Site before using it. If you do not wish to be bound by Hi-Health’s terms and conditions your only remedy is to refrain from use of the Site.

Trademark and Other Proprietary Rights
User Conduct & Contributions
Applicable Law
Links
Privacy, Security & Prohibited Content
U.S. Export Controls
Indemnity
Contact Us
Changes & Updates

TRADEMARK AND OTHER PROPRIETARY RIGHTS

You acknowledge and agree that the content, software and services provided in the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Hi-Health or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site or any portion of the contents of the Site. Hi-Health grants you a personal, non-transferable and non-exclusive right and license to use the contents of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the contents or software of the Site. You agree not to modify the contents of the Site in any manner or form, nor to use modified versions of the Site contents., including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Hi-Health Site by any means other than through the interface that is provided by Hi-Health for use in accessing the Site. You may only download Content displayed on this Site for non-commercial, personal use, provided you also retain all copyright, trademark and other proprietary notices contained in our Content. Do not alter the Content, and do not copy or post the Content on any network computer or broadcast the Content in any media.

USER CONDUCT AND CONTRIBUTIONS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links to other websites or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Hi-Health, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Hi-Health does not control the Content posted by third parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hi-Health be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

You agree to not use the Site to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a Hi-Health official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users;
    10. interfere with or disrupt the Site’s servers or networks;
    11. intentionally or unintentionally violate any applicable law;
    12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    13. "stalk" or otherwise harass another; and/or
    14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 14 above.

 

You acknowledge that Hi-Health may or may not pre-screen Content, but that Hi-Health and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or submitted to you by Hi-Health.

You acknowledge, consent and agree that Hi-Health may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Site’s terms of use or service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Hi-Health, its users and the public.

You understand that the Services and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Hi-Health and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

APPLICABLE LAW

This Site is operated by Hi-Health, with offices in the United States of America. If there is any dispute regarding this Site, by using this Site, you agree that the dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Arizona, Maricopa County.

LINKS

The Hi-Health Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Hi-Health is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. Hi-Health does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any third party site or its content. A link to a third party Site from this Site does not constitute sponsorship, endorsement, approval or responsibility of any such third party Site. Hi-Health makes no representation or warranty as to any products or services offered on any third party site. You further acknowledge and agree that Hi-Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

PRIVACY, SECURITY AND PROHIBITED CONTENT

See Hi-Health’s Privacy Policy for information on the privacy and security practices of Hi-Health and this Site.

By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account, and you accept responsibility for all activities that occur under your account and password. If you access this Site on a public computer or use a computer to which multiple people may have access, follow all relevant instructions to sufficiently disconnect and log off of this Site and the computer system you are using to prevent unauthorized access to your Hi-Health account.

Unlawful activities on this Site are strictly prohibited. This includes tampering with this Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities.

Site users are prohibited from violating or attempting to violate the security of this Site, including without limitation: (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (2) using this Site for unintended purposes or trying to change the behavior of this Site; (3) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (4) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and (6) forging communications on behalf of this Site (impersonating this site) or to this Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Hi-Health, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

U.S. EXPORT CONTROLS

Certain software and similar materials ("Software") that you may download from this Site may be further subject to United States Export Controls. No Software from this Site may be downloaded or exported contrary to any applicable export law, including any applicable prohibitions against download or export as follows: (1) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Software downloaded from this site, you agree to abide by the applicable laws, rules and regulations - including the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of law.

INDEMNITY

You agree to indemnify and hold Hi-Health and its officers, agents, employees, and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site.

CONTACT US

If you have questions about our Conditions of Use, Legal Notices or Privacy Policy, you may contact us by:

    1. E-mail: customerservice@hihealth.com
    2. Regular Mail:
      Hi-Health Supermart Corporation
      Attn: Customer Service
      7428 E. Karen Drive
      Scottsdale, AZ 85260
    3. Phone:
      Toll-free: 1-800-266-2323
      Mon-Fri: 6am-5pm MST

CHANGES/UPDATES TO NOTICES AND POLICIES

Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and Hi-Health as you use our Site and supersedes all prior understandings or agreements, written or oral, in this regard.

Revised February 2012