Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (hereinafter referred to as the "SITE"). By accessing or using this SITE, you agree to these terms of use. If you do not agree to these terms, you may not use this SITE.

COPYRIGHT

All SITE design, text, graphics, interfaces, and the selection and arrangements are the exclusive property of Baker's Best Health Products, Inc, and its licensors (hereinafter "BBH"). Permission is granted to electronically copy and to print hard copy portions of this SITE for the sole purpose of placing an order with BBH or using this SITE as a shopping resource. Any other use of materials on this SITE, including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of BBH is strictly prohibited.

All Special Reports and information on the SITE are protected by copyright, and all rights are reserved. No part of any Special Report or information may be reproduced or transmitted in any form or by any means, including, but not limited to, photocopying, recording, electronically, via the Internet, or by any other information storage or retrieval system without the express written permission of BBH.

TRADEMARKS

All trademarks, service marks, and trade names (collectively the "MARKS") are proprietary to BBH or other respective owners that have granted BBH the right and license to use such MARKS.

DISCLAIMER

This SITE is intended for users over the age of 18. The information, services, products, and materials contained in this SITE, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, BBH disclaims all representations and warranties, expressed or implied, with respect to such information, services, and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied, warranties arising from course of performance. In addition, BBH does not represent or warrant that the information accessible via this SITE is accurate, complete, or current. Price and availability information is subject to change without notice.

LIMITATIONS OF LIABILITY

In no event shall BBH be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if BBH has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability of use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

All efforts have been made to ensure the accuracy of the information on this SITE. BBH assumes no responsibility or liability for any injuries, damages, or losses incurred during the use of or as a result of following the information herein.

Study all directions carefully before taking any action based on the information and advice presented on this SITE. When using any commercial product, always read and follow label directions. If reference is made to trade or brand names, no endorsement by BBH is implied, nor is any discrimination intended.

The brand-name products mentioned on this SITE are registered trademarks. The companies who own these trademarks and make these products do not endorse, recommend, or accept liability for any use of their products other than those uses indicated on the package label or in current company brochures.

HEALTH INFORMATION

Any pages on this SITE concerning health information are intended for reference only, not as a medical manual. Although the information presented may help you make informed decisions about your health, it is not intended as a substitute for prescribed medical treatment. If you have a medical problem, please seek competent medical help immediately. BBH assumes no responsibility or liability for any injuries, damages, or losses incurred during the use of or as a result of following the information on this SITE.

Please note that herbal research is still in its infancy, and the interaction between herbs and pharmaceutical products remains largely unknown. Herbal remedies and nutraceuticals can have effects similar to those of pharmaceutical products. As a result, they are not without risk. They can interact with each other or with conventional medications, and some people may experience an allergic reaction or other adverse effects when starting an herbal or nutraceutical regimen. That's why you should always check with your doctor before you use them. Women who are pregnant or breastfeeding and children under the age of 18 should not use herbal or nutraceutical products without their doctor's specific recommendation.

If you choose to utilize any information provided on this SITE, you do so solely at your own risk. When using this SITE, as with all matters concerning your health in general, you should always seek the advice and guidance of a qualified health care provider before:

  1. Making any adjustment to any medication or treatment you are currently using.
  2. Stopping any medication or treatment you are currently using.
  3. Starting any new medication or treatment, whether or not it was discussed on this SITE.

PRICING AND AVAILABILITY

Prices and availability on this SITE are subject to change at any time at the sole discretion of BBH.

BBH has the right to revise and update these Terms and Conditions at any time without prior notification, so it is advisable that you visit this page occasionally to remain updated on possible revisions.

BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER

Arbitration Agreement. Except as otherwise stated below, any claim or dispute between you and BBH (or any of BBH's subsidiaries or affiliates) arising out of relating in any way to the SITE or to BBH's products or services shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a breach of contract, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and BBH specifically acknowledge and agree to waive your right to bring a lawsuit based on such claim(s) or dispute(s) and your right to have such lawsuit resolved by a judge or a jury. This Arbitration Agreement shall be governed by the Federal Arbitration Act. Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards https://www.jamsadr.com/consumer-minimum-standards . Provided JAMS' criteria are met by the nature of the dispute, the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures https://www.jamsadr.com/rules-streamlined-arbitration . Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if you are unable to pay JAMS' costs, we will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another administrator that will do so will be selected by agreement of the parties.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

This Arbitration Agreement will survive the termination of your relationship with us.

Excluded Disputes. You and we agree that the following Disputes are excluded from this Arbitration Agreement: (1) any dispute, claim, or controversy arising out of or relating to an alleged violation of a party's intellectual property rights, including but not limited to claims of patent, copyright, trademark, or trade secret infringement. This category of claims and disputes shall be resolved through litigation in a court of competent jurisdiction, rather than through arbitration; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.

One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to these Terms or your use of the SITE, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

Waiver of Jury Trial. BOTH YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Location. You may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where you reside, unless each party agrees otherwise, or at another mutually agreed upon location.

Severability. If for any reason, any portion of these Terms, including this arbitration section, is found to be illegal, void or unenforceable, that portion will be severed, and it shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect.

GOVERNING LAW

These Terms of Use and any dispute that may arise between you and BBH shall be governed by the laws of the State of Michigan, without regard to principles of conflict of laws.

Last updated May 11, 2023.