Effective Date: 02/22/23
Welcome to the Heart 2 Heart of America Inc. website located at http://www.tikvadrink.com/ (the “Web Site”). This site is operated by Heart 2 Heart of America Inc., (“Heart 2 Heart of America Inc”, the “Company,” “we”, or “us”) with principal offices at 148 Knotting Lane, Franklin NC. 28734. Heart 2 Heart of America Inc’s products are under the brand name Tikva. (Whether you are a visitor, first-time purchaser, or established customer (individually “Accessor” or “you;” collectively, “Accessors”) we want you to be aware of our Web Site and web-based policies as well as your rights and privileges under them. These Terms and Conditions represent the Terms of Service (“TOS” or “Agreement’) between you and us and constitute a legally binding Agreement that governs your use of the Web Site as well as your purchase and use of the products offered for sale on the Web Site (“Products”). Therefore, PLEASE READ CAREFULLY. In part, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. READ THE WHOLE TEXT — You cannot miss it — it is in bigger print with bolded and underlined text.
Incorporated Policies and Statements
Accessibility Statement: https://www.TikvaDrink.com/accessibility
User Generated Content Policy: https://tikvadrink.com/UGC
A Note Before Reading This Material
Should you have any difficulty understanding any of the language used in any of the above referenced materials, please do not hesitate to reach out to us for clarity. You may phone us (1.813.661.8583), email us email@example.com or use snail mail: Heart 2 Heart of America Inc., Attn. Legal Department, 148 Knotting Lane Franklin NC 28734. For those who do not reach out for clarity, we will assume you have read, understand and agree to all items relevant to you.
We take all requests for clarity seriously and will endeavor to facilitate your complete understanding of the ensuing material.
Your health is important to us. It is in fact the primary reason we exist. Our products (or their enabling ingredients) are clinically researched and are designed to be aids in the quest for a healthy lifestyle. Together with proper diet, exercise, adequate sleep and stress-relief modalities, among other things, our functional foods and dietary supplements can be valuable assets in the quest for good health.
Heart 2 Heart of America Inc’s products under the brand name Tikva are not drugs. They have never been evaluated by the U. S. Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, mitigate or prevent any disease, whether acute or chronic. They are intended to facilitate the healthy functioning of the human body and have roots in enhancing healthy circulation. As is true of any biological species, the ingestion of a substance or ingredient can vary in effect, or degree of effect, from person to person.
As with any dietary supplement, you should inform your doctor of the supplement(s) you take and the potency of those products, including the Tikva Products. It is further advised that you consult your physician prior to beginning the adoption of a supplement, including the Tikva Products.
Using the Website
By downloading, accessing, or using the Web Site, you represent that:
- You are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater.
- You are a resident of the United States of America.
- You agree to these TOS.
The Web Site, its contents (including information about the Products and other products offered by Heart 2 Heart of America Inc.), and the Tikva Products, are intended for use only by U.S. residents.
You shall abide by all applicable federal, state, and local laws and regulations with respect to your use of the Web Site, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information to Heart 2 Heart of America Inc.. You shall only use the Web Site as permitted by this Agreement.
In addition to the use restrictions below, there are special rules for the creation and display of User Generated Content (UGC). For reference, please visit https://tikvadrink.com/UGC. Any provider of UGC will have been presumed to have read, understood, and agreed to the UGC Policy.
In your use of the Web Site and/or the Products, you shall not:
- infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party, including but not limited to, Heart 2 Heart of America Inc..
- defame, abuse, harass, stalk any individual, or disrupt or interfere with the Web Site or any websites linked to the Web Site.
- interfere with or damage the Web Site, including, without limitation, using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
- harvest or scrape any Content from the site.
- attempt to use another user’s account, impersonate another person or entity, or misrepresent your affiliation with a person or entity.
- attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access.
- engage, directly or indirectly, in transmitting any type of uninvited solicitation.
- collect, manually or through an automatic process, information about other users.
- use any meta tags or any other “hidden text” using the Heart 2 Heart of America Inc. name, trademarks, or product names.
- advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent.
- engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site or the Products.
- assist any third party in engaging in any activity prohibited by these TOS.
- deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site, or reverse engineer any of the technology used to provide the Products.
- otherwise take any action in violation of our guidelines and policies.
License and Restrictions
Subject to the terms and conditions of eligibility and compliance asserted above, you are hereby granted a limited, non-exclusive, non-transferrable, non-assignable, royalty-free, and revocable right to access, view, and use the content and materials on the Web Site and for the purpose for which they were intended.
You may not use any third-party intellectual property without the express written permission of the applicable third party. These TOS confer no rights to any intellectual property. You shall have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, except as expressly set forth in these TOS. Heart 2 Heart of America Inc. may immediately — and without notice to you — suspend or terminate your access to the Web Site. Following termination, you shall not be permitted to use the Web Site and we may, in our discretion, cancel any orders for Products.
INTELLECTUAL PROPERTY RIGHTS
All materials on the Web Site, including without limitation, the logos; design; text; graphics; other files; and the selection and arrangement thereof and/or “look and feel” of such material; information about the Products; copyrightable material; trademarks; logos and service marks (including but not limited to Heart 2 Heart of America Inc.); are owned by us. All right, title, interest in and to the Web Site and its content are the property of Heart 2 Heart of America Inc., its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Web Site, you shall not obtain any ownership of the intellectual property or other property or corporeal interests in any item or content on the Web Site. You shall not use any of these materials including but not limited to, trademarks, trade dress, trade names, or copy without our prior express written consent. You may not use any content or imagery on the Web Site to engage in activity that would be actionable under the Federal Lanham Act or under false advertising, consumer protection, unfair competition, deceptive trade practices or any other similar statute or common law principle nor at variance with the Federal Trade Commission regulations prohibiting false, misleading, deceptive, or unfair advertising practices.
THIRD PARTY WEBSITES
The Web Site may contain links to other websites that are owned and operated by third parties. We do so in an effort to educate and give access to sites that may be of interest. However, we do not control the information, products, or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the website or its content, and we expressly disclaim all responsibility, and provide no warranty, for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on third party websites, even if those websites are hyperlinked from this Web Site.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Web Site from California are entitled to the following specific consumer rights notice:
- The procedures a consumer may follow to resolve a complaint regarding the service or to receive further information regarding use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at:
- Heart 2 Heart of America Inc. may be contacted in writing at:
- 148 Knotting Lane Franklin NC. 28734
- Telephone at 813.661.8583
Heart 2 Heart of America Inc. (“Company”) has offered to provide you (“you”), and you have agreed to accept and use, a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). By using the Program, you agree to be bound by these Terms. If you do not wish to continue using the Program, you can reply “STOP” to any mobile message you receive from Company and your access to the Program shall be discontinued; provided, however, that the Terms shall continue to apply to any usage of the Program by you that predates your election to discontinue using the Program.
User Opt In
The Program allows users to receive SMS/MMS mobile alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through texting a keyword to 36733 or 900900 or any successor short code to opt into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your usage of the Program. The mobile messaging service used by the Company to communicate with you requires human intervention for the Company’s mobile messages to be initiated, and thus the Company’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “Autodialer”). Nevertheless, by using the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from the Company.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Company.
For support text “HELP” to any Company mobile message.
User Opt Out and Additional Commands
To opt out (discontinue using in Program), reply “STOP” to 36733 or 900900, or to any Company mobile message from Your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming Your decision to opt out. For additional support, text “HELP” to 36733 or 900900 to get help.
The Program will send SMS MTs if your mobile device does not support MMS messaging.
The Company will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of the Company’s control. The Company is not liable for delayed or undelivered mobile messages.
PURCHASING ITEMS ON THE WEBSITE
All transactions made through the Web Site are subject to our acceptance, in our sole discretion. We may refuse to accept or may cancel any transaction, whether the transaction has been confirmed, for any reason or no reason, in our sole discretion, and without liability to you or any third party. If payment has already been made and your order is cancelled or limited, Heart 2 Heart of America Inc. will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order and will be in the same tender as the original purchase.
Payment must be received by Heart 2 Heart of America Inc. prior to Heart 2 Heart of America Inc.’s acceptance of an order, unless otherwise agreed by Heart 2 Heart of America Inc.. Heart 2 Heart of America Inc. expressly conditions its acceptance of your order on your agreement to these TOS, and to any additional terms and conditions that are provided to you on the Web Site that govern your purchase of certain Products. By ordering Products through the Web Site, you agree to provide only true, accurate, current, and complete information. Heart 2 Heart of America Inc. reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Web Site without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Web Site, but we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions. If you purchase any Products on the Web Site, you shall be responsible for paying any applicable sales tax.
We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Web Site. We may, in our discretion, require further authorization from you such as a telephone or messaging confirmation of your order or request additional information, to process your order. We reserve the right to cancel, delay, refuse to ship, or recall from the transit carrier any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to fully prosecute offenders of the law.
Unless otherwise authorized by Heart 2 Heart of America Inc. in writing, all purchases on the website are for your personal, non-commercial use. Personal use may include gifts of Heart 2 Heart of America Inc. product to family, friends, or colleagues but in no case, except with Heart 2 Heart of America Inc.’s written authorization, shall it include a re-sale thereto. Any unauthorized resale or commercial use of any Products is expressly prohibited.
Heart 2 Heart of America Inc. Products may be available to be purchased as subscription plans of various durations, however nothing herein obligates Heart 2 Heart of America Inc. to offer a subscription plan on any given Product. If you purchase a subscription of any Product, you will be enrolled in our subscription program, and your subscription will be automatically renewed at the end of each subscription period, unless you change your subscription or inform us that you do not wish to renew the subscription.
At the time of automatic renewal, you will automatically be charged the applicable price, to the payment card you provided, or the last payment card provided by you, until you cancel.
RETURN POLICY AND 100% MONEY BACK GUARANTEE UP TO 365 DAYS
You may return Products purchased on the Website within 60 days from the first original order date for a full refund of the purchase price, in the same form as original payment, and minus the shipping and handling costs. The item must be returned, in good condition, and up to 1 bottle of each flavor may be opened.
Before returning the item, you must email us at firstname.lastname@example.org. We will reply to your email with approval of your return. You will need to print out that email and include it in your returned order, so our returns department knows if it is a return or an exchange for flavor. Heart 2 Heart of America Inc. may refuse to refund a return if customer has not contacted us for approval of return.
Heart 2 Heart of America Inc. is not obligated to do so but may, in its sole discretion, accept a return without an email verification.
Send returns to:
Heart 2 Heart of America Inc.
ATTN: Returns Department
148 Knotting Lane
Franklin NC. 28734
DOMESTIC USE & EXPORT RESTRICTION
We control the Web Site from our offices within the United States of America. The website is intended to be viewed by Accessors who reside in the United States. Users who access the Web Site from outside the United States of America do so on their own initiative and accord and shall bear all responsibility for compliance with all applicable laws including, but not limited to, United States export control laws prohibiting the export of certain technical data and software to certain territories. Should the laws of the union/country/province/state/city/territory or locality that is home to a non-American viewer conflict with any provision in this Agreement or other TOS, then the obligations and responsibilities of the viewer as expressed herein shall supersede any other law, regulation, or term. To contact Heart 2 Heart of America Inc. as an alternative to the Web Site use, you may send us an email at: email@example.com phone us at 1-813-661-8583; or write to us at: Heart 2 Heart of America Inc., 148 Knotting Lane Franklin NC. 28734
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
WE PROVIDE THE WEB SITE AND THE PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, OR THEIR USE:
- WILL BE UNINTERRUPTED OR SECURE.
- WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS.
- WILL MEET YOUR REQUIREMENTS.
WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH, THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONALS. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION OR ANY SYMPTOMS THEREOF. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. These TOS and all your rights and obligations under them shall not be assignable or transferable by you without our prior written consent. No failure or delay by a Party in exercising any right, power or privilege under these TOS shall operate as a waiver thereof. The invalidity or unenforceability of any provision of these TOS shall not affect the validity or enforceability of any other provision of these TOS, all of which shall remain in full force and effect.
All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach), your use of the Web Site, or your purchase or use of the Products (“Dispute”) shall be submitted to confidential arbitration in Franklin NC with a single arbitrator from either The American Arbitration Association (“AAA”) or JAMS and shall be governed exclusively by the laws of the State of North Carolina and utilizing the procedures of the arbitration venue. Heart 2 Heart of America Inc. does not wish to place an undue burden on any party that believes it has been aggrieved. Toward that end, should the Franklin arbitration venue foreclose redress or remedy, or propose a severe hardship upon the complainant, Heart 2 Heart of America Inc. will agree to a telephonic venue.
If a Dispute arises under this Agreement, you agree to first contact us at firstname.lastname@example.org afford us the opportunity to redress your grievance. You and Heart 2 Heart of America Inc. shall have thirty (30) days or for a duration set mutually by the parties to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that all Disputes shall be submitted to final and binding arbitration as described above.
Either you or Heart 2 Heart of America Inc. may commence the arbitration process by submitting a written demand for arbitration and providing a copy to the other party. Heart 2 Heart of America Inc. will pay all the filing costs. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator’s award shall be binding and may be entered as a judgment in any court with subject matter jurisdiction.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of North Carolina:
- Any dispute, controversy, or claim relating to or contesting the validity of Heart 2 Heart of America Inc.’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets.
- An action by Heart 2 Heart of America Inc. for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief.
- Any legal action by Heart 2 Heart of America Inc. against a non-consumer.
- Interactions with governmental and regulatory authorities.
You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the earlier of the date that you visit the Website or submit information to us or purchase a Product through the Website to opt-out of this arbitration agreement, by contacting us in writing at email@example.com If you do not opt out within thirty (30) days from the earlier of the date that you visit the Website or the date you purchase a Product or submit information to us through the Website, then you are not eligible to opt-out of this arbitration agreement.