Membership Terms
Terms of Membership in Health Buyer Club (HBC) – Last Updated (August 1, 2022)
GENERAL: Welcome to Health Buyer Club (HBC) a buying cooperative website (the “Site). This HBC Terms of Use Agreement ("Agreement") sets forth the agreement between HBC a company incorporated under the laws of New York, with its main offices at 777 Westchester Avenue, White Plains, NY 10604 (collectively, Health Buyer Club, HBC, “we”, or “us”), and each member (“member”, "user", "your" or "you"). This Agreement governs your membership in HBC and use of the Site. Please read this Agreement carefully and fully before becoming a member in HBC and using the Site or disclosing to us any personal information.
By becoming a member in HBC and using the Site or disclosing to us any personal information: (i) you agree that you have read and understood the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
The terms in this Agreement may change periodically and may be revised at any time and from time to time at our sole discretion by updating this posting. Your continued to use the site after the changes constitutes acceptance of the changes. If any modification is unacceptable to you, your only recourse is to terminate your membership in HBC.
NOT MEDICAL ADVICE: The information provided by the Site or in any other form of communication (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.
Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred because of the use of the Site or reliance on any information provided on the Site. Your use of the Site and your reliance on any information on the Site is solely at your own risk.
The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease.
The Site is not intended to provide diagnosis, treatment, or medical advice. Products, services, information, and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Contact a healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third-party websites or resources is not an endorsement of any information, product, or service. We are not responsible for the content or performance of any third-party websites. Use of any third-party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment without first consulting a physician. You should always consult with a healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal, or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.
The Site may contain testimonials by users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.
PRODUCT PURCHASES: To the extent you make purchases on the Site, you agree that all purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
It is your responsibility to ascertain and comply with all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this Site.
HBC reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them. HBC does not support sales tax exemption requests for businesses or resellers.
ALL SALES ON HBC ARE FINAL DUE TO THE NATURE OF THE PRODUCTS WE OFFER. NO RETURNS ARE ALLOWED UNLESS YOU RECEIVE PRIOR APPROVAL FROM HBC CUSTOMER SERVICE IN WRITING.
ELIGIBILITY: By joining HBC and using our Site, you represent and agree that you are at least eighteen (18) years of age or older and are fully able and competent to agree to the terms in this Agreement or any Program terms and conditions. If you are under the age of 18, you cannot join HBC and are not permitted to use this Site.
MEMBERSHIP AND ACCOUNT SETUP AND USE: To use this Site, you must become a Member of HBC. To join you must provide certain personal information that you represent are accurate, and agree to the terms of membership described in this document. To sell our products at the lowest possible prices, we will purchase your products once you submit your order on our Site. This may result in delays in obtaining and shipping product to you. We are not liable for any damages caused by these shipping delays. Also, we cannot advertise our prices in public forums and other websites. All members are prohibited from sharing HBC prices in any public forum as well and doing so will result in immediate termination of your membership in HBC.
During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
SITE USAGE: You agree to join HBC and use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other's intellectual property rights, or otherwise violates any applicable local, state, national or international law.
You agree not to access the Site by any means other than the interface we provide.
We make no representation that materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations, and undertake to, at the time of at the time of purchase of a product, to ascertain whether the importation of the respective product is allowed by the laws of their country and by the applicable governmental agencies. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Site. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods.
TERMINATION: This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate your membership and this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and terminating your membership and discontinuing all use of the Site. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.
The following shall survive any termination of the Agreement either by us or you: Not Medical Advice, Disclaimer, Limitations of Liability, Indemnification, Intellectual Property, Governing Law, Disputes, Severability; and Miscellaneous.
PRICING: With respect to items sold on the Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our Site may be mispriced. Subject to applicable law, if the correct price of an item sold by HBC is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. ALL PRICING INFORMATION CONTAINED OUR SITE IS FOR MEMBERS ONLY AND IS CONFIDENTIAL INFORMATION OF HBC AND SHOULD NOT BE SHARED WITH A NON-MEMBER.
DISCLAIMER. UNLESS OTHERWISE SPECIFIED IN WRITING, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY HBC ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND HBC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, HBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS IT SELLS AND THE SERVICES AND INFORMATION IT PROVIDES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HBC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS OR USE OF ANY SERVICES, EVEN IF HBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, HBC'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GIVES RISE TO THE LIABILITY.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless HBC from and against all losses, expenses, costs and damages including attorney's fees resulting from your use or inability to use the Site, products or services purchased or obtained by You in connection with the Site, any Site postings or activity related to your membership made by You or another person, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to his section, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us because of this claim. You shall not in any event settle any matter without prior written consent of HBC. In New Jersey, this indemnification provision does not apply to your liability resulting from intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a statutorily imposed duty on the part of HBC.
INTELLECTUAL PROPERTY: You acknowledge that all materials on the Site or provided in connection your membership, including without limitation the Site’s design, text, and graphics (collectively, "Materials"), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. You agree not to copy, modify, use, distribute, transmit, republish, sell, resell, or exploit, for any purpose, any portion of the Site, Materials or Marks other than as expressly authorized by HBC in writing. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
AGREEMENT: This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.
SEVERABILITY. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW: The laws of the State of New York, without reference to conflict of law rules, as well as the Federal Arbitration Act and federal arbitration law, govern the Agreement and any dispute that might arise between you and us that pertains to HBC Business or this Agreement. The United Nations Convention for the International Sale of Goods does not apply to the Agreement.
DISPUTES: Any dispute or claim relating in any way to HBC or this Agreement will be resolved by binding arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Registered Agents Inc. 90 State Street, Suite 700, Office 40, Albany, NY 12207. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org or by calling 1-800-778-7879). An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
MISCELLANEOUS: You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of HBC to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of HBC Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
CONTACT US: If you have any questions about this Agreement, email our Customer Service at: customerservice@healthbuyerclub.com