Terms of service

Please read carefully the following Terms and Conditions of Use before using this website.

By using this website or purchasing products from Health Defender, you (hereinafter "Professional-Customer," "Health-Care Practitioner," "you," "your") agree to accept and adhere to the following Terms and Conditions of Use. If you do not agree with all of the Terms and Conditions of Use, then you should not use this website.

Health Defender reserves the right to modify these Terms and Conditions of Use at any time. Your continued use of this website constitutes acceptance of revisions to the Terms and Conditions of Use that might be made, so please check this page regularly.

Throughout Health Defender's website, we may refer to you as Professional-Customer, Health-Care Practitioner, Practitioner-Customer, Authorized-Reseller, Reseller, Practitioner or Customer. We use these terms interchangeably to refer to all who have signed up under a Health Defender Professional account. These Terms and Conditions of Use apply to you.

Terms of Sale

  • Health Defender reserves the right to revise the pricing of its nutritional supplement products at any time and without advance notice.
  • Health Defender nutritional supplement products are shipped according to the standard methods of shipping in place at the time.
  • If a Health Defender product is received in damaged condition, then it should be reported promptly to the Customer Service Department.
  • If a discrepancy exists between the quantity or items ordered and the quantity or items received, then Health Defender should be notified within seven business days of receipt of the shipment.
  • If a Professional-Customer places an order online and then subsequently refuses to accept delivery of the order for reasons that are attributable to Professional-Customer error, then the Professional Customer can be assessed a restocking fee and the shipping charges.
  • Product returns should be pre-approved by Health Defender and received within 14 business days of authorization of the return. Please call Health Defenders Customer Service Department and speak with the Returns Agent for information about returning product.
  • A Return Authorization is required for a product return. The Return Authorization form should be visible on the outside of the shipping box or on the mailing label. Health Defender can refuse to accept a returned product if the Return Authorization form is not visible.
  • Health Defender must receive a returned product before a credit for the returned product can be issued.
  • There is a processing fee on returned products. The Professional-Customer is responsible for shipping costs on returned products unless shipping costs are waived when the Return Authorization is approved.
  • These Terms of Sale can be revised at any time should it be determined that it is in the best interests of Health Defender to do so.

Publicly Advertised Internet Sales

  • Health Defender has always acknowledged the merits of online commerce for our health-care practitioner-customers and their patients.
  • Health Defender has established a Minimum Advertised Price (MAP) policy to protect its brand, reputation and image.
  • Furthermore, we have always strived to ensure appropriate communication, medical education, and patient care standards for online resellers.
  • Additionally, our long-held concern has not been resolved regarding the quality of care that patients receive who purchase our products through multiple proprietary e-storefronts and third-party e-commerce platforms, such as Amazon.com, Jet.com, ebay.com, etc.
  • After careful evaluation and due consideration, Health Defender has come to the conclusion that a different model is needed for the sale of our nutritional supplement products on the Internet; in particular, a model that ensures pricing parity and appropriate patient support.

Therefore, as of May 1, 2016, Health Defender has extended exclusive purchasing privileges to a single authorized Practitioner-Based Amazon account and a single authorized proprietary e-storefront account. Thus, all other publicly advertised Internet sales are prohibited.

Health Defender believes this Internet sales policy:

  • Ensures that patient inquiries are addressed promptly and accurately.
  • Ensures accurate product tracking in the event of a product recall.
  • Ensures proper tracking and resolution of adverse events.
  • Ensures compliance with California's Proposition 65.
  • Improves patient communication and care.

Affiliate Marketing Programs

Some Health Defender products can be offered as part of an Affiliate Marketing Program. Health Defender uses the definition of an Internet-based Affiliate Marketing program that can be found on http://en.wikipedia.org/wiki/Affiliate_Program. Health Defender will designate which customers qualify as affiliates for this purpose.

Use of Health Defender Trademarks Online

Images and likenesses of Health Defender's trademarks and trade dress (including pictures of bottles bearing Health Defender labeling) and copyrighted product descriptions can be downloaded from Health Defender websites by Professional-Customers who have opened a Health Defender account.

A Professional-Customer does not have the right to affix any Health Defender trademark to any product or other material that is not a Health Defender nutritional supplement product.

A Professional-Customer agrees to use the trademark symbols "™" or "®" as appropriate, when displaying Health Defender's trademarked names or products, as an attribution of Health Defender's ownership of its trademarks. The use of a Health Defender trademark does not give a Professional-Customer any ownership right, title, or interest, express or implied, in the trademark.

A Professional-Customer's use of Health Defender's trademarks should be accompanied by a statement that substantially states the following: "Health Defender trademarks are used with permission."

A Professional-Customer should not use Health Defender's trademarks except in the form, context, and location that is acceptable to Health Defender. Health Defender will periodically review Professional-Customer websites and reserves the right to demand that a Professional-Customer make changes to its website regarding the use of intellectual property owned or controlled by Health Defender, even if Health Defender has previously approved or accepted the Professional-Customer's website or the material displayed thereon.

A Professional-Customer must not use any Health Defender product name or trademark as part of a URL (Universal Resource Locator), secondary level domain name, metatag, key word, or file name.

Disease Claims

To protect Professional-Customers and Health Defender from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with nutritional supplement products, Health Defender products cannot be displayed or mentioned within two clicks of any disease claim.

Health Defender will periodically review a Professional-Customer's website and reserves the right to demand a Professional-Customer make changes to its website regarding any disease claim regarding a Health Defender product, even if Health Defender has previously approved or accepted the Professional-Customer's website or the material displayed thereon.

Health Defender reserves the right to demand a Professional-Customer make changes to its website to the extent a Professional-Customer is making statements about Health Defender products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.

Health Defender Logo

The Health Defender logo can only be used in the form supplied by Health Defender for use online. Neither the file name nor the name of the image can be changed or modified from the original form supplied by Health Defender. The Health Defender logo may be accompanied by a statement indicating "I (We) proudly offer [insert Health Defender logo] products." No other statements may be affiliated with use of the Health Defender logo.

Violations of Policy

A Professional-Customer who violates Health Defender's Internet policy will receive a written notice from Health Defender that the Professional-Customer is in violation of the policy. If the Professional-Customer does not come into compliance with the policy, then the Professional-Customer will no longer be able to purchase Health Defender products.

A Professional-Customer who corrects their website to bring it into compliance with this policy should promptly notify Health Defender. Health Defender will review the website and if Health Defender determines the website is in compliance with this policy, then the Professional-Customer's account will be reactivated.

Health Defender has adopted a zero-tolerance approach to this policy. Professional-Customers acknowledge that upon any subsequent breach of any provision of this policy, Health Defender may terminate the Professional-Customer's account without notice.

Miscellaneous

Health Defender may, in its sole discretion, revise its Internet policy at any time.

Any failure or delay by Health Defender in enforcing any provision of its Internet policy will not be considered a waiver of such provision and will not prevent Health Defender from enforcing the provision at a later date.

Copyright / Trademarks

Except where otherwise indicated, all materials presented on Health Defender's website are the copyrighted property of Health Defender, Inc.

The Health Defender logo and the names of various products offered by Health Defender are trademarks of Health Defender, Inc.

Permission is hereby granted to use, copy, and distribute the materials presented on this website without alteration for non-commercial purposes only; provided, however, that all copyright, trademark, or any other proprietary notice appear in all copies in the same manner as the original. All other uses are prohibited.

Except as expressly provided herein, you must not use any portion of this website, or any other intellectual property of Health Defender, on any other website, in the source code of any other website, or in any other printed or electronic materials.

Except as expressly provided herein, you must not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website's content, or frame this website within any other website, without the prior written permission from Health Defender.

Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database, or directory, without prior written permission from Health Defender, is prohibited. Linking from another website to any page in this website is prohibited without the prior permission from Health Defender.

Products

The information and descriptions presented on Health Defender websites are intended as general information and are not necessarily complete descriptions of every product, indication for use, or contraindication for use.

Third-Party Websites

This website may contain links to other websites ("third-party websites") that are not maintained by Health Defender. These links are provided solely for your convenience. Health Defender makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, any third-party website. Health Defender recommends you take the time to read the privacy policy and the terms and conditions of use of any third-party website.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to Health Defender's websites.

Personal Security Code Registrations

Some portions of some Health Defender websites are restricted and require a user identification code ("User ID") and a personal security code ("Password") for access. Unauthorized use of or access of such restricted portions of our websites is prohibited.

In accessing portions of Health Defender websites requiring a User ID and Password, you agree that Health Defender is entitled to act on instructions received under your User ID and Password and that Health Defender is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of Health Defender.

You must keep your User ID and Password confidential and you should notify Health Defender promptly if you believe anyone else has obtained your User ID and Password or if any unauthorized access to the restricted portions of Health Defender's websites has occurred or may occur. Health Defender may block access to the restricted portions of its websites without prior notice if we believe your Password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur.

Disclaimer Of Warranties

The content and materials on Health Defender websites are provided "as is" and without representations or warranties of any kind, either express or implied. Health Defender expressly disclaims all warranties, express or implied, concerning its websites including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Health Defender does not warrant or represent that the functions or operation of its websites will be uninterrupted or error-free, that defects will be corrected, or that Health Defender's websites, its servers, or any e-mail sent from Health Defender are free of viruses or other harmful components. Because some States do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.

Limitation of Liability

Health Defender is not liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, its websites or the content found on its websites, or, unless resulting from the gross negligence or intentional actions of Health Defender, the unauthorized access to or alteration of your transmissions or data, even if Health Defender has been advised of the possibility of such damages. Because some States do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.

Jurisdiction / Enforceability

Use of Health Defender websites is governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any principles of conflicts of laws. Any dispute concerning a Health Defender website is subject to the venue of a court of competent jurisdiction in Charleston County, South Carolina.

Should any provision of these Terms and Conditions of Use be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.

SMS Terms of Service

1. The terms of service for Health Defender SMS are outlined below. Users can expect to receive transactional and informational messages and – occasionally – marketing messages sent via SMS (text message). Message examples include order status updates and promotions. The message frequency varies.

2. When you opt-in to the service, we will send you an SMS message to confirm your signup.

3. You can cancel this service at any time. Just text "STOP" to "25816." After you send the message "STOP" to us, we will send you a reply message to confirm you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, then sign up as you did the first time, and we will begin sending messages to you again.

4. If at any time you forget which keywords are supported, then text "HELP" to "25816." After you send the message "HELP" to us, we will respond with instructions on how to use our service, as well as how to unsubscribe. You may also contact Customer Service at support@healthdefender.com.

5. Carriers are not liable for delayed or undelivered messages. We can deliver messages to the following mobile phone carriers: 

Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile

Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

6. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency will vary. If you have any questions about your text plan or data plan, then contact your wireless provider. For questions about the services provided by this short code, send an email to support@HealthDefender.com.

7. If you have any questions regarding privacy, then read our Privacy Policy.