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This agreement applies to all Health and Wellness Tools (“HWT”) materials (whether enclosed or on HWT’s website) and HWT services (jointly referred to as the “System”). By opening this package or using the System, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may return this package unopened for a full refund.

Who we are: HWT is a publisher of information for educational purposes only. HWT is not a licensed medical or health care provider and does not employ licensed medical physicians, nurses, dieticians, nutritionists or other medical or health care service providers. HWT is not affiliated with any medical or other health care institution.

What we do and don’t do: HWT does not give medical advice or opinions on medical conditions, treatments or cures; and you should not rely upon anything in the System or System materials as a preventive, cure or treatment for any purposes. Any information in the System or System materials that appears in the form of an opinion, recommendation, preventive, cure or treatment should NOT be taken as medical or other advice even if it may appear to you as such. HWT strongly recommends that you check with a licensed physician who is familiar with the details of your particular situation before you begin using the System or the System materials.

Content, Currency and Results: The materials are published as of a certain date and may become out of date after a period of time. HWT recommends that you always check with HWT for new editions or versions of any printed System materials you have had but not used for a while to be sure you have the most current System materials. HWT PROVIDES THE SYSTEM AND SYSTEM MATERIALS “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS.

Each person’s results will be unique and you may not achieve the results of others. results may and do vary. HWT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SYSTEM OR SYSTEM MATERIALS OR SERVICES, WEBSITE, TEXT, ILLUSTRATIONS OR GRAPHICS. HWT DOES NOT WARRANT THAT ITS SYSTEM WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SYSTEM WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SYSTEM WEBSITE OR SYSTEM MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HWT IS NOT RESPONSIBLE FOR THOSE COSTS.

Your responsibility: Your health is your responsibility. Your use of the information on this website is your choice and will be at your own risk. The materials are not intended to offer you all information about maintaining a healthy body and back. There are many options and alternative courses of action that may be equally or more beneficial to you. Depending upon your specific health situation, the materials may be detrimental to your health. Exploring all of the options and alternatives is your responsibility.

Although HWT recommends certain equipment and other items for your use, HWT cannot guarantee that they are suitable for your specific situation. Your selection and use of any products will be your sole responsibility.

Descriptions of, or references to, products or publications does not imply endorsement of that product or publication. The content of all advertisements appearing in the System materials is the sole responsibility of the company placing the ad. HWT does not endorse either the accuracy or reliability of the content of the advertisements, or of any products connected therewith.

Limitation of Liability: HWT and its parent, subsidiary and affiliated companies and their respective directors, officers, employees, advisors, agents, licensors, and other contributors will not be liable for any injury, harm or death you or others may suffer as a result of the use or attempted use of the System or any materials in the System, whether or not such use is in accordance with all System instructions or other directions. HWT will not be liable for any indirect, consequential, special, incidental or punitive damages related to the System or System materials or any errors or omissions related thereto. HWT maximum liability for any claim based upon the System or System materials is limited to the retail price of the System as of the date of publication of the version or edition. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

I. HealthAndWellnessTools.com Privacy Policy

Health and Wellness Tools - ("HWT") publishes health and fitness information for educational purposes via its website located at HealthAndWellnessTools.com (“Website”). In this Privacy Policy, all references to HWT will mean HealthAndWellnessTools.com and its parent, subsidiary and affiliated companies.

II. Intended Audience

The Website provides free access to articles that address health and fitness topics in various categories such as Diet & Weight Loss, Exercise & Fitness, Diseases & Conditions, Nutrition & Supplements, Women’s Health, Men’s Health, Senior’s Health and Children’s Health. It also offers health-related products and a public discussion forum where users may post questions and receive responses from HWT or a third-party information provider. The Website also offers users the opportunity to create a private HWT membership account that enables users to access additional information and services. HWT may from time to time change or remove Website content, categories and services in its sole discretion. Although the Website may offer information about children’s health, it is designed for use by adults only. Parents may use the Website to obtain information that may be relevant to their child’s health condition. Parents who create or allow their child to create a Website membership account will be solely responsible for supervising their child’s use of the Website.

III. Scope of Privacy Policy

This Privacy Policy applies to the Website. All user information acquired by HWT from Website users will be covered by this Privacy Policy, with the following exceptions:

A. User suggestions to improve products or services, business ideas, concepts, models, inventions and similar information (“Business Information”) offered to HWT will not be covered by this Privacy Policy, and all Business Information that HWT may receive from any user will be deemed publicly disclosed unless HWT signs and returns a written non-disclosure agreement with the specific user prior to the user’s submission of the Business Information.

B. Any information, whether NPI, PI, or PHI, that a user shares or otherwise discloses in a public chat room, message board, instant message exchange, blog, personal webpage, or similar public forum, whether via the Website, online service, or otherwise, will be deemed publicly disclosed information (“PDI”). HWT may handle and use all PDI as freely available public information which is outside the scope of any limitations described in this Privacy Policy.

IV. Duration of Privacy Policy

This Privacy Policy will apply to all information collected while the Privacy Policy is posted on the Website. HWT may modify and update the Privacy Policy from time-to-time by posting a revised Privacy Policy to the Website. Users who do not agree with any modified or updated Privacy Policy should promptly stop using the Website. HWT strongly recommends that all users regularly check the Website for any modifications to the Privacy Policy. Modifications and updates to the Privacy Policy will take effect upon posting to the Website and will apply to all information, past and future, collected via the Website. Those who have used the Website prior to a particular Privacy Policy modification or update and who object to the modification or update should promptly send HWT written notice of their objection. Prior users who use the Website after a revised Privacy Policy is posted will be deemed to have agreed to the revised Privacy Policy.

V. Categories of Information

Depending on the user’s interaction with the Website, HWT may collect user information that falls into the following categories: Non-Personal Information, Personal Information, and Personal Health Information.

Non-Personal Information (“NPI”) is information that is not associated with a specific user and that does not enable HWT or others to identify a specific user. For example, a user’s age, gender, city and state of residence, when not associated with any other information that could help identify the user, like street address or telephone number. NPI may be collected when users visit the public portion of the Website without registering as a member.

Personal Information (“PI”) is information that identifies you as a unique person. For example, your first and last name associated with your street, city, state and zip code or telephone number or email address or other information that identifies you personally. PI is collected when users voluntarily register to be a member of the Website and may be collected when a user sends an email inquiry to HWT via the Website or otherwise.

Personal Health Information (“PHI”) is Personal Information coupled with information about your personal health such as a particular disease or other health condition. It is collected when users voluntarily provide both PI and their personal health information via the Website or otherwise.

VI. Accuracy and Currency of Information

You are responsible for the accuracy of all PI and PHI that you submit to HWT, whether via the Website or otherwise. HWT is not responsible for verifying the accuracy or currency of your PI or PHI. You understand that any information and/or services offered via the Website relevant to your personal situation may be based upon your PI and/or PHI, and that your PI may also become important for HWT to contact you. Therefore, it is important for your PI and PHI to be accurate and current. It is particularly important for your email address to be current because HWT will use email as its primary means of communicating with Website members and other users who have voluntarily provided PI to HWT .

VII. Information Collection Methods

User information may be collected in various ways. NPI may be collected via web-based technologies that track computer usage. For example, every computer that accesses the Website will be assigned an electronic file with a unique code or identifier often referred to as a “cookie” unless the user’s browser has been configured to block this type of activity. Cookies and other technologies may be used to collect information about each user’s navigational activities and selection of advertisements, sponsored links, and other similar NPI. PI and PHI may be collected via the Website’s membership registration process, user emails, and other similar means when a user voluntarily provides it. PI and PHI is not collected via the Website unless the user voluntarily submits it to HWT.

VIII. Use of Information

HWT will not share PI or PHI with any third-parties without the user’s consent with the following exceptions: (i) HWT may have to make incidental disclosures to third-party vendors who are providing technical or other services to or on behalf of HWT, including web hosting, software and hardware maintenance service providers (however HWT will endeavor to have all vendors sign appropriate confidentiality agreements in these circumstances); (ii) when compelled by legal requirements such as a court order, subpoena, search warrant, applicable law or the like; and (iii) under special circumstances that may involve a health or other physical threat to you or others or to protect, defend or otherwise assert legal rights.

IX. Third-Party Advertisements and Links

HWT may display third-party advertisements and sponsored links on the Website. HWT cannot control how other websites may collect and use your information, and will not be responsible for the conduct or practices used by third-party advertisers or sponsors. HWT recommends that you promptly review the privacy policy on each website you encounter via an advertisement or link on HWT website.

X. Updating and Removing Your PI and PHI

You may update your PI and PHI via the Website. If you have a complaint or other issue, please contact HWT initially via our Customer Support link.

Upon receipt of your written specific request, HWT will delete your PI and PHI from its databases, and, to the extent reasonably possible, from its back-up media. HWT will have no obligation to store your PI or PHI for any duration of time after termination of your Website membership. Absent your written instruction to the contrary, HWT may, in its discretion, retain and use your PI and PHI after termination of your membership.

To submit a request for access or deletion of your personal information, please contact us.

XI. California Privacy Rights

Shine the Light

California Civil Code Section 1798.83 permits customers of The Healthy Back Institute who are California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

The Healthy Back Institute
2407 S. Congress Avenue
STE E #100
Austin, TX 78704

California Consumer Privacy Act

California residents may request copies of the data collected about them in the past 12 months through the process described in section X above. Sections B through X of this policy describe the categories of personal information we collect, our methods of collection, the business or commercial purpose for collection, and categories of third parties we disclose information to. You can download a copy of this policy any time by clicking CONTROL+P and selecting ‘Save as PDF’. You may submit a request for access or deletion of your personal information through an authorized agent by following the process described in section X above, however we will require you to verify your own identity.

Our Healthy Back Institute and Livingwell Nutraceuticals brands do not share names, mailing addresses, and shopping histories of our California customers with anyone.

We deploy cookies on our websites that collect data from our customers, however this data is not sold to anyone.

Loyalty Programs and Financial Incentives Disclosure

The Healthy Back Institute provides special offers and benefits to customers who buy our products or sign up to receive communications from us via email, text, chat, and social media. The information we request from customers when they sign up may include the customer's email address or phone number as well as name, partial birthday, product preferences or other information that allows us to tailor our communications. Customers may opt-in online, and can opt out of the programs at any time by contacting a customer service representative, or by using the unsubscribe methods provided for that communication channel such as unsubscribe links in email messages, replying "Stop" to text messages.

If The Healthy Back Institute promotes another company's products, it could be compensated for that promotion or recommendation.
If another company promotes The Healthy Back Institute’s products, it could be financially compensated for the referral.

California Right to Non-Discrimination

The Healthy Back Institute does not discriminate against customers who exercise their rights under applicable privacy law.

California Minor Content Removal

If you are a resident of California, under 18 and a registered user of our services, you may ask us to remove content or information that you have posted to these services by contacting us. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

California Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: allaboutdnt.com

XII. Third Party Advertising

We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies.

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