Terms and conditions

Last Updated: August 2024 ©DailyBasis

Please read these terms and conditions carefully before placing an order online or using this website. By doing so, you agree to these terms and conditions, which constitue a legally binding agreement between you and DailyBasis.

The DailyBasis website, www.dailybasis.com, along with its content and any materials provided through this site, are owned and operated by HMST Health Inc. (collectively referred to as “DailyBasis,” “we,” “us,” or “our”). These Terms, along with any amendments or supplements, and our Privacy Policy, establish a legally binding agreement between you and DailyBasis. This Agreement governs your use of this Website, any order you place through the DailyBasis website, and your use or attempted use of our products and services.

By accessing or using this website, including placing an order online for any products offered through the website, you acknowledge tha tyou have read, understand, and agree to be bound by this agreement. If you do not accept the terms and conditions of this agreement, you may not use the website or place an order. 

Class Action Waiver

By accessing our website and purchasing our products, you agree that any disputes, claims, or controversies related to your use of our website or products, including issues concerning the interpretation, enforcement, or breach of these Terms and Conditions, will be resolved individually. You further acknowledge and agree that you will not participate in any class action or class-wide arbitration as a plaintiff, class member, or representative.

All claims must be pursued on an individual basis, and not as part of any class, collective, or representative action. By agreeing to these Terms, you expressly waive any right to be involved in a class action lawsuit or class-wide arbitration against us.

Eligibility

In order to use the Websites, you must be 18 years or older. The Website is not intended for children under the age of 18. If you use the Websites, you are affirming that you are at least 18 years old.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Subscriptions

DailyBasis offers “Products” that can be purchased through a subscription (“Subscription”), which automatically renews unless canceled. When you sign up for a Subscription, the payment method you provide will be charged according to your selected delivery schedule you select.

You may cancel your Subscription at any time. To avoid being charged for the next period, you must cancel your Subscription by the last day of your cycle. You can cancel your Subscription by contacting us on our contact form page on the website.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of DailyBasis and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DailyBasis.

 Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by HMST Health Inc.

HMST Health Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that HMST Health Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless HMST Health Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall HMST Health Inc nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

HMST Health Inc, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE

Any information on this Website/Service is provided for educational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this Website/Service for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website/Service. Information provided on this Website/Service and the use of any products or services purchased by you on our Website/Service DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our Website/Service. Information and statements regarding dietary supplements available on this Website/Service have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Arbitration Agreement

1. Agreement to Arbitrate: By using this website, placing an order, or engaging with our products or services, you agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, your use of the website, or any products or services provided, will be resolved through binding arbitration. This means that you and DailyBasis waive the right to a trial by jury or to participate in a class action.

2. Arbitration Process: The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The arbitration shall take place in a mutually agreed location. The arbitration will be conducted in English and before a single arbitrator. The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

3. Costs and Fees: Each party will bear its own costs and fees associated with the arbitration, except as otherwise provided by the AAA rules or as required by law.

4. Individual Basis Only: All claims and disputes must be arbitrated on an individual basis. You agree not to participate in any class, collective, or representative proceeding.

5. Opt-Out Option: You may opt out of this arbitration provision by notifying DailyBasis in writing within 30 days of your first use of the website or the date of your first purchase. To opt out, you must send a written notice to DailyBasis with your full name and a clear statement that you wish to opt out of this arbitration agreement.

6. Governing Law: This arbitration agreement is governed by the Federal Arbitration Act and federal arbitration law.

Contact Us

If you have any questions about these Terms and Conditions, please contact us by email: hello@dailybasis.com