These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Arukah, LLC (Also referred to herein as “Holistic Family” or “us,” “our,” or “we”). These Terms of Service set forth the terms and conditions that apply to your access to and use of www.holisticfam.com, shop.holisticfam.com, www.holisticans.com, esr3.com and our related technology systems (collectively, the “Website”). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to Holistic Family's newsletter or purchase of any online service or product offered by Holistic Family (collectively, “Online Services”).
Compliance with These Terms of Service
Using our Website and Online Services
You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of Holistic Family.
You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.
Intellectual Property Rights
The name “Holistic Family," www.holisticfam.com, shop.holisticfam.com, www.holisticans.com, esr3.com, and other trade names, URLs, and Website domain names owned and/or operated by Holistic Family, and Holistic Family’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of Holistic Family (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Holistic Family, which permission may be withheld in Holistic Family’s sole discretion. Holistic Family makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.
The Content, downloads, and other data and information viewable on, contained in, or down-loadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, Holistic Family or its Content suppliers. All software used for our Website (the “Software”) is the property of Holistic Family or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.
You shall be solely responsible for any damage resulting from your infringement of Holistic Family’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by Holistic Family or any third party as a direct or indirect result of your copying, distributing, redistributing, translating, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.
Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by Holistic Family and Holistic Family has not reviewed, and is not responsible for, the content of any such third party websites. Holistic Family makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.
By using our Website or using an Online Service, you consent to receive communications from Holistic Family electronically. Although Holistic Family may choose to communicate with you by other means, Holistic Family may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that Holistic Family sends to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ALL CONTENT CONTAINED ON HOLISTIC FAMILY’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH HOLISTIC FAMILY OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. HOLISTIC FAMILY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HOLISTIC FAMILY HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. HOLISTIC FAMILY IS NOT A HOMEOPATHIC OR NUTRITIONAL SUPPLEMENT MANUFACTURER AND NONE OF THE CLAIMS, TESTIMONIALS OR EDUCATIONAL MATERIAL IS ENDORSED BY THE FDA AND IS NOT INTENDED TO TREAT, DIAGNOSE, CURE , OR PREVENT ANY DISEASE. THESE STATEMENTS ARE NOT ENDORSED BY THE FDA. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgment of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.
Holistic Family’s Return Policy applies to your purchase of any materials or products from the Holistic Family through the Website (collectively, the “Product”). If you ordered an incorrect Product or need to return a Product for other reasons, you may return the Product to the Us for a refund within thirty (30) days of delivery of the Product to you. Most Physical Products may be returned within 30 days subject to the following terms and conditions: You must first contact Holistic Family by e-mail at email@example.com by phone/text at 801-800-2908 to request a Returned Material Authorization (RMA) number. Write the RMA number on the shipping label of each box to be returned. Please be advised that any Product returned without an RMA number or returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.
Products must be un-opened in their original packaging to be accepted for return. If Holistic Family elects to accept the return of an opened Product (which it may decline in its sole discretion), such opened Products are subject to a 20% restocking fee.
Holistic Family does not reimburse shipping costs to return an item.
Returned packages with insufficient postage will not be accepted.
Products must be returned and received by Holistic Family in its original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package.
No returns/refunds/exchanges on discontinued items and clearance items.
If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return.
Holistic Family’s refund policy only applies to Products, and does not apply to any memberships, registrations or subscriptions to Online Services.
If you purchase a lifetime membership and have received a Product with your purchase, but then decide you would like a refund (within the allotted 30 days), you are entitled to a refund less the cost of the Product, as determined by Holistic Family. If you opted for a credit due to Product regulations instead of a Product, you forfeit your right to the credit.
To return an item, please call 801-800-2908, and ship to 355 N 300 W, Ste 2, Salt Lake City, UT 84103
Media, online services and seminars can be cancelled for a full refund depending on the return policy that is stated in the literature when purchasing the product. For example a seminar might have a 3 day cancellation policy, but an online training course may have a 14 day money back guarantee. Furthermore,users may cancel their subscription for Online Services at any time upon the delivery of written notice to the following: (a) by e-mail to firstname.lastname@example.org, or (b) by U.S. mail or other delivery to Holistic Family, Attn: President, 355 N 300 W, Ste 2, Salt Lake City, UT 84103.
From time to time, Holistic Family may endorse, promote or suggest services and/or products. Holistic Family’s recommendations will be based solely on Holistic Family’s determination that the service/product is of value to Users based on a review thereof by Holistic Family, and/or Holistic Family’s relationship with the provider/producer of such service/product and/or Holistic Family’s prior usage of such service/product. Holistic Family may be compensated for its recommendations. Holistic Family may receive sample services/products for the purpose of conducting a review thereof. Holistic Family’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet Holistic Family’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which Holistic Family provides a review shall be solely the responsibility of the person utilizing such service/product and Holistic Family shall not be liable in any way as a result of any such person’s use of any such service/product. By entering a free trial, you agree that you are subscribing to the email newsletter and granting your approval for Sponsors to contact you regarding offers, information on giveaways and special promotions. By opting in, you also agree that you are subscribing to the Holistic Family email newsletter and granting your approval for Sponsors to contact you regarding offers, information on giveaways and special promotions.
Limitation on Liability of Holistic Family
Any liability of Holistic Family, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Holistic Family from any User in connection with such use of, registration for and subscription to any Online Services. Holistic Family will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, Holistic Family shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of Holistic Family to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.
Like many other items we use, when used improperly nutritional supplements and herbal remedies can have harmful side effects. By purchasing through this system you agree to follow all manufacturer safety instructions and to only use the nutritional supplements, vitamins, homeopathic remedies, herbal remedies, teachings, programs, seminar and any other and all products or programs in a safe non-emergent manner in an approved area for a legal purpose. You also agree that should you or anyone else be in an emergency or emergent situation you will call 911 and seek professional medical help.
YOU are assuming all responsibility for the legality of a specific item when you purchase it.
YOU are responsible for checking all local laws before ordering or using an item from www.holisticfam.com, www.holisticans.com, shop.holisticfam.com, nielsenholistic.com, nielsenholisticshop.com or any manufacturer whose product is sold here.
YOU are responsible for complying with all health and medicinal laws in your area.
YOU must notify us immediately should you have any concerns about the legality of any product you have ordered.
YOU are responsible for payment for all orders placed through our system. If you are not sure if you want something – do not order it.
YOU must be of legal age to own any items you order.
YOU must provide a valid contact phone number with any order placed. Holistic Family may contact you at the provided phone number before processing any order. In making a purchase from www.holisticfam.com, www.shop.holisticfam.com, www.holisticans.com, nielsenholistic.com or nielsenholisticshop.com, YOU declare and warrant that:
YOU are not purchasing to resell any Product or Program that We sell or represent. Reselling is strictly prohibited on your website or any other website, store, boutique, or on any third party websites like Amazon, Rakuten, Wal-Mart without written permission. If you desire to sell our Products or Programs, you must get an authorized resellers license and physical certificate distributed to you which will be documented by Us. This is not to be confused with affiliate marketing. However, if you are caught reselling you can forfeit all future affiliate marketing commissions and be banned from all Company activities.
YOU are not an alien illegally in the United States.
YOU are not an employee, agent or have any type of affiliation with the FDA or AMA.
Legality of Purchase and Shipment.
If you purchase Products or Programs on the Site, you agree to comply with all applicable Legal Requirements governing the specific requirements for transfer and shipping of nutritional supplements, herbal remedies, and homeopathic remedies including without limitation those found in the Site Rules (which shall apply regardless of any contrary information contained).