Terms of Service

OVERVIEW

This website is operated by The Hayden Institute Online Dispensary, operated by The Hayden Institute, PLLC. Throughout the site, the terms “we,” “us,” and “our” refer to The Hayden Institute. The Hayden Institute offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides the online ecommerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms may result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. Material on this site is provided for general information and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on material on this site is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update information except as required by applicable law. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of products appearing in our store. We cannot guarantee that your device's display of any color will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of any products or services we offer. Product descriptions, availability, and pricing are subject to change at any time without notice, subject to applicable law and any applicable manufacturer or supplier requirements. We reserve the right to discontinue products at any time. Any offer for a product or service made on this site is void where prohibited.

We do not warrant that products, services, information, or other material purchased or obtained through the Service will meet your expectations, or that every error in the Service will be corrected.

Terms Related to Standard Process Products

1. Use of API. Customer acknowledges that this site utilizes an application provider interface (“API”) furnished by Standard Process Inc. (“SP”) to populate the site with certain information regarding SP nutritional supplements and related products (“SP Products”) that may be displayed and made available for purchase through the site from time to time. The API also may be used to send to SP information regarding customer use of and placement of orders through the site to facilitate SP’s fulfillment of those orders and to support the ongoing operation, maintenance, and improvement of the API as well as other business purposes permitted by law.

2. Ownership; Restrictions. SP retains all right, title, interest, and ownership in and to the API as well as all SP trademarks, service marks, trade names, branding, logos, content, information and other materials made available by SP through this site (collectively, “SP Materials”). Customer may only use SP Materials while visiting this site to purchase SP Products and for no other purposes whatsoever. Without limiting the foregoing, Customer may not (a) copy, modify, change, alter, enhance, or create derivative works of the SP Materials; (b) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of any SP Materials; (c) remove any proprietary notices from SP Materials; or (d) use the SP Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates applicable law.

3. Use of SP Products. SP Products are made available for purchase subject to restrictions generally set forth in the SP Terms of Sale, a copy of which can be found at the following link: https://my.standardprocess.com/Policy/Terms-of-Sale/Online-Store. In addition to the Terms of Sale, Customer acknowledges and agrees that (a) Customer is prohibited from reselling or promoting SP Products to third parties, (b) Customer is encouraged to consult with a qualified healthcare practitioner in selecting, ordering and using SP Products, (c) SP Products are not intended to diagnose, treat, cure or prevent disease, and that SP does not provide health care advice or recommendations regarding individual health status, (d) Customer must read all information on SP Products that it is using, and (e) SP Products are for personal use only.

4. Privacy. Information obtained by SP relating to Customer, Customer’s use of the site or order of SP Products will be maintained in accordance with the SP Privacy Policy, a copy of which is available at the following link: https://www.standardprocess.com/about-us/our-company/policies/privacy-policy.

5. Disclaimer of Warranties. SP MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY, AND SP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMIT, ALL IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

6. Limit Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SP BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE SP MATERIALS WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR SP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion and subject to applicable requirements, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders using the same billing or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as needed.

For information regarding returns and refunds, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control nor input.

You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools to the fullest extent permitted by applicable law.

Any use of optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the relevant third-party provider offers those tools.

We may also offer new services, features, tools, or resources in the future. Such additions shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant or assume liability or responsibility for third-party materials, websites, products, or services.

We are not liable for harm or damages related to purchases or use of goods, services, resources, content, or other transactions made in connection with third-party websites to the fullest extent permitted by applicable law.

Please review third parties' policies and practices carefully before engaging in transactions with them. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the appropriate third party when applicable.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium comments that you forward to us, subject to applicable law.

We are under no obligation to (1) maintain comments in confidence, except where required by law; (2) pay compensation for comments; or (3) respond to comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material or any computer virus or other malware that could affect operation of the Service or related websites.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of comments. You are responsible for comments you make and their accuracy. We assume no liability for comments posted by you or any third party to the fullest extent permitted by applicable law.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store and our collection, use, and disclosure of personal information are governed by our Privacy Policy. Please review our Privacy Policy for information about our privacy practices and the choices and rights that may be available to you.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate, including after an order has been submitted, subject to applicable law.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date applied to the Service should be taken to indicate that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate applicable international, federal, state, provincial, or local laws, regulations, rules, or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service, related websites, other websites, or the Internet;
(h) to collect or track the personal information of others unlawfully;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape in violation of applicable law or our rights;
(j) for any obscene or unlawful purpose; or
(k) to interfere with or circumvent security features of the Service, related websites, other websites, or the Internet.

We reserve the right to terminate or restrict your use of the Service or any related website for violating these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that results obtained from use of the Service will be accurate or reliable.

You agree that we may from time to time remove the Service for indefinite periods or cancel the Service at any time without notice, subject to applicable law.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through the Service are, except as expressly stated by us, provided “as is” and “as available” without representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except to the extent such warranties cannot lawfully be excluded.

To the fullest extent permitted by applicable law, The Hayden Institute, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of the Service, products procured using the Service, or other claims related to your use of the Service or products.

Because some states or jurisdictions do not allow certain exclusions or limitations of liability, our liability in those jurisdictions shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Hayden Institute and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising out of your breach of these Terms of Service or documents incorporated by reference, or your violation of applicable law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and that determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to termination shall survive termination of this agreement for all purposes for which survival is legally appropriate.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms by notifying us that you no longer wish to use our Services or when you cease using the site.

If, in our judgment, you fail, or we suspect that you have failed, to comply with a term or provision of these Terms, we may terminate this agreement without notice and may deny you access to the Services, subject to applicable law.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us governing your use of the Service and supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us relating to the Service.

Any ambiguities in interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal laws of the United States, without regard to conflict-of-law principles.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion and subject to applicable law, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or Service following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

The Hayden Institute, PLLC
10694 Jones Road
Houston, Texas 77065
Email: orders@haydeninstitute.com
Phone: 281-826-2685