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Terms and Conditions

TERMS AND CONDITIONS

1. As used herein, “Healthy You” means Continental SEL, LLC d/b/a Healthy You.

2. As used herein, “you” and “your” means the person placing the order for the Goods.

3. As used herein, “Goods” means the materials and/or equipment you are ordering by this transaction.

4. Incorporation.  These Terms and Conditional are expressly incorporated into and part of Healthy You’s agreement to sell the Goods to you.

5. Acceptance of Terms and Conditions.  By purchasing the Goods, you agree to these Terms and Conditions.  You agree that you have had ample time to review these Terms and Conditions, you understand each of them, accept each of them, and intend to be bound by each of them.

6. Disclaimer of warranties.  You understand, acknowledge, and agree that Healthy You did not design, invent, develop, alter, or manufacture the Goods.  YOU AGREE AND ACKNOWLEDGE THAT HEALTHY YOU MADE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS OF THE GOODS FOR A PARTICULAR PURPOSE, AS TO THE MERCHANTABILITY OF THE GOODS, OR ANY OTHER MATTER THAT CAUSED YOU TO BUY THE GOODS FROM HEALTHY YOU. YOU FURTHER AGREE AND ACKNOWLEDGE THAT HEALTHY YOU MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS OF THE GOODS FOR A PARTICULAR PURPOSE, AS TO THE MERCHANTABILITY OF THE GOODS OR AS TO ANY OTHER MATTER.  ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT HEALTHY YOU IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY INCLUDING, WITHOUT LIMITATION, INJURY TO PERSON OR PROPERTY, IN ANY WAY RESULTING FROM THE DESIGN, MANUFACTURE, OPERATION, PERFORMANCE, OR USE OF THE GOODS.

7. Defects.  If you claim any of the Goods are defective, you may reject the Goods and return them to Healthy You and be entitled to a refund of all amounts paid by you for the Goods.  If you fail to return the Goods within fifteen (15) days from the date of delivery, you shall be deemed to have accepted the Goods.  This paragraph defines your sole and exclusive remedy if you claim any defects exist in the Goods.  Under no circumstances shall Healthy You be liable for any consequential or puntive damages.

8. Limitation of Liability.  You understand, acknowledge, and agree that Healthy You is not an insurer and that the payments made by you are based solely upon the value of the Goods, and it is neither your intention nor Healthy You’s intention that Healthy You assume responsibility for any loss, damage, or injury resulting from the design, manufacture, operation, performance, or use of the Goods.  IF THERE SHALL, NOTWITHSTANDING THE ABOVE PROVISIONS, AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF HEALTHY YOU BY VIRTUE OF ITS SALE OF THE GOODS TO YOU, WHETHER DUE TO THE NEGLIGENCE OF HEALTHY YOU OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY ACTUALLY PAID BY YOU TO HEALTHY YOU FOR THE GOODS.   YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A METERIAL INDUCEMENT BY YOU FOR HEALTHY YOU TO SELL YOU THE GOODS, IS BARGAINED FOR BY YOU AND HEALTHY YOU, AND IS NOT UNCONSCIONABLE.

9. Attorney’s Fees.  If it is necessary for Healthy You to employ an attorney to defend it against any claims, charges, or lawsuits in any way related to the sale, design, manufacture, operation, performance, or use of the Goods, or for any Goods that are claimed to breach any implied or express warranty, or for any other claim, then you agree to pay the costs and expenses, including reasonable attorneys’ fees, incurred by Healthy You in defense of such claims, charges, lawsuits, and regardless of whether such costs are incurred in any court, state or federal, or before any administrative tribunal or arbitration panel.  If it is necessary for Healthy You to employ an attorney to collect any amount due or payable under this Invoice, then you agree to pay the costs and expenses, including reasonable attorneys’ fees, incurred by Healthy You to pursue such amount regardless of whether such costs are incurred in any court, state or federal, or before any administrative tribunal or arbitration panel.

10. Applicable Law, Venue.  The laws of the State of Florida shall govern any dispute in any way arising from or relating to the Goods. The sole and exclusive venue for any such dispute shall be in the State or Federal Courts located in Marion County, Florida and nowhere else.  Healthy You does not consent to jurisdiction in any state other than Florida.  

11. Severability.  If it is determined by a court, arbitration panel, or other tribunal that any part of these Terms and Conditions is unenforceable, such part shall be severed herefrom and shall not affect the enforceability of the remaining Terms and Conditions.