Terms of Use

Hi-Health Supermart Corporation
Website Conditions of Use

This document explains our position and specific conditions regarding your use of the Hi-Health Supermart Corporation ("Hi-Health") Internet or website (the "Site"). By using the Site, you agree to be bound by our Conditions of Use, Legal Notices, and Privacy Policy (collectively, "Notices and Policies"), in addition to other terms and conditions that may appear throughout our Sites.

References to "Hi-Health" Hi-Health Supermart Corporation, its affiliates, subsidiaries, divisions and operational designees.

Hi-Health reserves the right to make changes to this Site and its Notices and Policies at any time. Each time you use this Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site. Hi-Health is not responsible for typographical or photographic errors on this Site (see Product Display and Colors and Errors on Site for more information).

Disclaimer of Warranties
Limitation of Liability
Intended for Users Over 13 Years of Age
Information, Articles and Advice
Product Display and Colors
Errors on Site
Pricing
Sales Tax
Paying for Your Order
Promotion Codes
Validating Your Order
Order Acceptance/Confirmation
Return Policy
Order Limitations/Limited Quantities
Resale
Shipping
Indemnity
Disputes
Termination of Site Use
Contact Us
Changes & Updates

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HI-HEALTH AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, VENDORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, "THIRD PARTIES"), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NEITHER HI-HEALTH NOR ITS THIRD PARTIES HAVE ANY RESPOSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER HI-HEALTH NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. HI-HEALTH AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HI-HEALTH OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HI-HEALTH OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HI-HEALTH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL HI-HEALTH BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND FIVE HUNDRED U.S. DOLLARS ($1,500.00).

See Legal Notices for more information.

INTENDED FOR USERS OVER 13 YEARS OF AGE

The safety of children is very important to us. Hi-Health cannot prohibit minors from visiting our Site and must rely on parents and guardians (at least 18 years of age at time of use) to decide which materials are appropriate for children under 13. Hi-Health will not knowingly collect personal information from children. Please see our Privacy Policy for more information.

LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE

Hi-Health offers articles, information, and advice for educational purposes only. Any information offered through this Site is not intended to diagnose, treat, or cure any disease, and is not a substitute for medical care provided by a licensed physician or other appropriate licensed health care professional. For any medical or health related advice concerning the care and treatment of any disease or condition contact a licensed health care professional.

PRODUCT DISPLAY AND COLORS

This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.

ERRORS ON SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and Hi-Health reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Hi-Health will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with Hi-Health's Return Policy.)

PRICING

Online prices, offers and selection may vary between our retail stores and Sites, and are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.

SALES TAX

Because Hi-Health does business in different taxing jurisdictions and collects and remits sales tax as required by law, this Site also collects and remits sales tax as appropriate.

PAYING FOR YOUR ORDER

You may pay for your order with a debit card, major credit card or by using PayPal. We accept Visa®, MasterCard®, American Express® and Discover® Card. Please note that Hi-Health gift cards cannot be used for purchase on the Hi-health Site.

Generally, credit/debit cards are not charged by Hi-Health until we either ship the order to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit/debit card issuer at the time you place the order, which may have an effect on your available credit.

Orders paid for using PayPal will be debited at the time orders are placed. When using PayPal as your payment method, payment processing and how your credit/debit card or checking account is charged is at the sole discretion of PayPal.

PayPal is one method of purchasing on www.hihealth.com. It enables any individual or business with an e-mail address to securely send payments online. With a PayPal account, you can choose to pay with your credit card, debit card, bank account, or PayPal account balance for any purchase you make. Your credit card and bank numbers are never seen by the seller or merchant. Plus, you're 100% protected against unauthorized payments sent from your account.

PayPal Conditions

  • If you select PayPal as your payment option, you will continue through the standard checkout process then automatically proceed to paypal.com to complete your payment.
  • Once you have been redirected to paypal.com, you will have 25 minutes to complete the payment before your order is dropped.

 

See our Return Policy for more details about returns.

Promotion Codes

If using a Promotion code, it must be entered during checkout in the designated Promotion Code field to redeem the respective offer. Promotions may not be combined with other coupons or promotional offers, are limited to one per transaction, and may not be redeemed for cash, credit or refund. See other restrictions in the terms of each offer. Hi-Health reserves the right to restrict use of promotions on certain products, weight and destination fees, and expedited shipping charges. Online promotions are not valid in Hi-Health stores unless otherwise stated in the offer terms.

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the email address you have provided with the order. Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.

ORDER ACCEPTANCE/CONFIRMATION

Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Hi-Health reserves the right at any time after receipt of your order to accept or decline your order for any reason.

RETURN POLICY

All sales made through this Site are subject to Hi-Health's Return Policy.

ORDER LIMITATIONS/LIMITED QUANTITIES

Hi-Health may, at is sole discretion, limit or cancel quantities purchased per person, per household, or per order. Restrictions may include orders placed by the same Site account, the same credit/debit card, and orders that use the same billing and/or shipping address. In the event we make a change to your order, we will attempt to notify you by the email and/or billing address provided with your order. Hi-Health reserves the right to limit or prohibit sales to dealers.

RESALE

You agree that you are purchasing Product(s) for your own personal use only and not for resale. You shall not resell Products or remove components from Product for resale.

SHIPPING

All orders placed on this Site are subject to product availability and will be shipped according to our Site shipping terms. In the rare event that your order never arrives, we must receive notification of lost items via email and/or phone (as provided in our shipping terms) within Thirty (30) days of receipt of the shipping confirmation email.

INDEMNITY

You agree to indemnify and hold Hi-Health and its officers, agents, employees and other partners and third parties harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any other 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. See also Legal Notices.

DISPUTES

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.

TERMINATION OF SITE USE

Hi-Health, in its sole discretion, may terminate your retail account, membership registration, or similar uses of this Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination. Hi-Health reserves the right to change, suspend, or discontinue all or any aspects of this Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Hi-Health may provide notice of termination by regular mail or email.

Alleging Copyright Infringement
If you suspect copyright infringement on our Site, use the following instructions to let us know. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Be sure to consult with your attorney if you suspect copyright infringement.

Send us written notice by fax or regular mail. To expedite our process, please use the following format:

  1. Describe the material you believe has been infringed. For example, "The copyrighted work of concern is the picture at ___ " (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information.
  2. Describe the material that you claim is infringing the work you identified in #1 above. Details are important.
  3. Tell us how to contact you (include email address).
  4. Tell us how to contact the user(s) who posted the material you believe infringes your work (include email address).
  5. State the following: "I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or its authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed."
  6. Be sure to sign your written notice to us.
  7. Mail your written notice to Hi-Health Supermart Corporation, Attention: Customer Service, 7428 E. Karen Drive, Scottsdale, AZ 85260.

 

If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question.

To file a counter notification with us, Send us written notice by fax or regular mail. To expedite our process, please use the following format:

  • Identify the material that Hi-Health has removed or disabled. Include the specific Internet address or URL.
  • Tell us how to contact you. Include your name, address, telephone number, email address. State that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Arizona if your address is outside of the United States), and that you will accept service of process from the person who provided notification to Hi-Health of the infringement or an agent of such person.
  • State the following: "I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge and that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Be sure to sign your written notice to us.
  • Mail your written notice to Hi-Health Supermart Corporation, Attention: Customer Service, 7428 E. Karen Drive, Scottsdale, AZ 85260.

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