OCTOBER 2020

Prosperity Health Services (PHS) Limited, trading as (dba) Bahamas Wellness Solutions® (BWS) and The HPH Factor® (HPH).

Do not use this website for medical emergencies. If you are experiencing an emergency, please go to the nearest EMERGENCY DEPARTMENT, or contact Emergency Response Services by dialing 911.

TERMS OF USE

Thank you for visiting the Bahamas Wellness Solutions (BWS) website (“website”).  These terms and conditions outline the rules and regulations Prosperity Health Services LTD has set for the use of our website Bahamas Wellness Solutions bahamaswellnesssolutions.com  (‘Site’).

By accessing this Site we assume you accept these terms and conditions.  Do not continue to use Bahamas Wellness Solutions if you do not agree to take all of the terms and conditions stated on this page.  By accessing, using, or downloading any information or materials from this Site, you agree to the terms of use set forth by this Agreement (“TERMS OF USE”).

Please read these Terms of Use carefully and in its entirety. The Company. reserves the right to change the terms of use at any time and without notice to any Site visitor (“USER”). You are hereby advised that your use of our website constitutes your acceptance of the most recent version of the terms of use. If, at any time, you breach any of the terms of use, your authorization to use this Site automatically terminates and any of the materials downloaded or printed from our website must be immediately destroyed.  A user’s right to use this website is NOT transferable. You agree that your use of the website is for your own personal use and not for any other commercial purpose. Any such commercial use is expressly prohibited and you agree to be liable to PHS LTD to the extent you profit from such use. In addition you agree to indemnify and hold PHS LTD harmless from any costs, attorney’s fees and disbursements incurred as a result of such commercial use.

The following terminology applies to these Terms and Conditions and Privacy Policy and all Agreements: “Client”, “You” and “Your” refers to you, the person log who logged on this Site and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Prosperity Health Services LTD dba Bahamas Wellness Solutions ® and The HPH Factor®.  “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.  All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These terms of use (these “terms”) represent an agreement between you and PHS LTD and its affiliates, officers, directors, owners, agents, licensors, and representatives. (“we,” or “us) and govern your use of our website  at bahamaswellnesssolutions.com  and any other sites created by us from time to time (the “sites”) and any products or services made available by means of any of the sites (the “products”).

We refer to the sites and the products collectively in these terms as the “services.” By using any of the services, you acknowledge that you have read, understood, and agree to be bound by and comply with these terms.  PHS LTD makes this Site, including all information, documents, communications, files, texts, graphics, and audio/visual files (collectively, the “materials”) available for your use subject to the terms set forth in this agreement. 

COOKIES

We employ the use of cookies.  By accessing the Site, you agreed to use cookies in agreement with the BWS’ Privacy Policy.  Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website.  Some of our affiliate/advertising partners may also use cookies

DISCLAIMERS; LIMITATIONS OF LIABILITY           

1. Medical Disclaimers

THE CONTENT OF THE BAHAMAS WELLNESS SOLUTIONS WEBSITE, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION, AND ALL OTHER MATERIAL IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED IN ANY WAY TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USERS ARE ENCOURAGED TO SEEK ADVICE, DIAGNOSIS, AND TREATMENT WITH THEIR MEDICAL PRACTITIONER OR LICENSED PHYSICIAN.

DO NOT DELAY SEEKING MEDICAL ADVICE, DISREGARD MEDICAL ADVICE OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF INFORMATION OR GUIDANCE WE PROVIDE YOU WITH.

NOTHING IN THIS DISCLAIMER WILL LIMIT OR EXCLUDE ANY LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

1. YOU, THE USER, UNDERSTAND AND AGREE THAT PROSPERITY HEALTH SERVICES LIMITED DBA  BAHAMAS WELLNESS SOLUTIONS AND THE HPH FACTOR WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY INCUR RESULTING FROM YOUR USE OF THE SITE OR ANY OTHER WEBSITE THAT LINKS FROM OUR WEBSITE.  BAHAMAS WELLNESS SOLUTIONS WEBSITE IS AVAILABLE FREE OF CHARGE TO THE GENERAL PUBLIC. YOUR USE OF OUR SITE AND THIRD-PARTY WEBSITES IS SOLELY AT YOUR OWN RISK. THE BAHAMAS WELLNESS SOLUTIONS WEBSITE IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHS LTD, BWS AND THE HPH FACTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR ITS INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. BAHAMAS WELLNESS SOLUTIONS AND THE HPH FACTOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OUR WEBSITE.  NO ADVICE OR WRITTEN INFORMATION GIVEN BY BAHAMAS WELLNESS SOLUTIONS, THE HPH FACTOR  NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL ANY USER RELY ON SUCH INFORMATION OR ADVICE. PHS LTD, BWS AND THE HPH FACTOR HAVE NO OBLIGATION TO UPDATE OR SUPPLEMENT THE INFORMATION OR CONTENT ON ITS SITE.  PHS LTD, BWS AND THE HPH FACTOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATED OR UNSTATED, STATUTORY OR EQUITABLE, INCLUDING , BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
4. IN NO EVENT SHALL PHS LTD, BWS, THE HPH FACTOR, AND ITS AFFILIATES, OFFICERS DIRECTORS, OWNERS, AGENTS, LICENSORS, AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, BWS MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100 MAXIMUM.
5. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY PHS LTD, BAHAMAS WELLNESS SOLUTIONS, THE HPH FACTOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, AND REPRESENTATIVES OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

LINKS TO OTHER WEBSITES

• The Bahamas Wellness Solutions’ website contains several links to other websites (“OUTSIDE LINK” or “OUTSIDE LINKS”). These websites are not under control of The Company, but rather such other websites are under the exclusive control of any such third party. The existence of an outside link on our Site does not imply an endorsement of the linked website by Bahamas Wellness Solutions. PHS LTD, BWS and The HPH Factor make no warranties or representations, and disclaim all liability, relating to the accuracy, content, privacy policies, products, services, reliability, legality, or any other aspect of an outside link. We provide such outside links only as a convenience to our users and have not reviewed or confirmed the accuracy of the information contained in such outside links.  You, the user, agree that PHS LTD, BWS and The HPH Factor has no responsibility to you with the respect to such outside links or any content contained therein. Users are encouraged to examine the privacy policies and terms of use of each outside link. IN NO EVENT WILL PHS LTD, BWS and THE HPH FACTOR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES RELATED TO USE OF ANY OUTSIDE LINK.

COMMUNICATION

• The Site offers you the opportunity to share information with us by means of comments, feedback, suggestions, ideas, and other submissions (“COMMUNICATION”) throughout our website. Any communication disclosed, submitted, or offered through any function of the website does not constitute a provider-patient relationship by Bahamas Wellness Solutions, The HPH Factor or any of its professionals. Please carefully select what you choose to disclose under any communication function. While we attempt to prevent unauthorized access to our website, such access may occur.
• The Company does not filter, edit, publish or review Comments prior to their presence on the Site. Comments do not reflect the views and opinions of PHS LTD, BWS and The HPH Factor, its agents and/or affiliates.  Comments reflect the views and opinions of the persons who post their views and opinions.  To the extent permitted by applicable laws, PHS LTD, BWS and The HPH Factor shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on the Site.
• The Company reserves the right to monitor all comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
  1. You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
• You hereby grant PHS LTD, BWS and The HPH Factor a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

YOUR CONDUCT

You agree that you will not:

• use the Services in a manner that

1. 1. violates any local laws, applicable international, federal, state or  regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
   2. is fraudulent, deceptive or misleading;
   3. is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene;
   4. violates anyone’s rights of privacy, publicity or other rights;
   5. violates any contractual or fiduciary obligations;
   6. infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”);
   7. has an adverse effect on our business, reputation or ability to provide Services; or
   8. would otherwise be reasonably deemed objectionable under the circumstance;
   9. violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;

• use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
• violate or attempt to violate the security of the Services;
• reverse engineer, decompile or disassemble any portion of the Services; (vi) “scrape” information from the Services by automated means;
• interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
• use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
• reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms 

INDEMNITY

• You agree to indemnify, defend and hold harmless Prosperity Health Services LTD, Bahamas Wellness Solutions and The HPH Factor and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, your use of our website or any breach by you or any user of your account of these Terms.  You shall cooperate as fully as reasonably required in the defense of any such claim.  PHS LTD, BWS and The HPH Factor reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, including the right to block future access to the website from a particular internet address

SERVICES

• We the Company grant you a non-exclusive, non-transferrable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the services, in whole or in part, including your right to use any products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

PAYMENT

• You agree to pay for all Products you purchase through the Company and that the Company may charge your payment method for any products or services purchased and any additional amounts (including taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BAHAMAS WELLNESS SOLUTIONS AND THE HPH FACTOR WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
• Prices for products and services offered may change at any time and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering.
• We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent orders, incorrect pricing or non-payment.

REFUNDS

• If you are not satisfied with a Product that you purchased, you are eligible for a partial refund of amounts paid for that Product, provided that you: email us at support@bahamaswellnesssolutions.com, no later than fifteen (15) days following the date of purchase, requesting a refund, stating the reason for your request. Notwithstanding the foregoing, certain Product purchases may not be eligible for refund, or might be subject to satisfaction of additional or different criteria, if and to the extent we so provide on the applicable Site(s). If you receive a refund for a Product, you will have no further right to use that Product.  We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund.

INTELLECTUAL PROPERTY RIGHTS

• All materials, logos, and the compilation of all content on our website is owned by and the sole property of PHS LTD, BWS and The HPH Factor. Any reproduction or redistribution of any material, including reproduction of illustration or photographs appearing on our website, beyond personal use is prohibited without the express written consent of the PHS LTD.  Legal Department.  Bahamas Wellness Solutions or the HPH Factor.  PHS LTD, BWS and The HPH Factor do not claim ownership of copyrights owned by third parties.  PHS LTD reserves its rights to take any and all legally available remedies under the Law for violations of its Intellectual Property Rights, including, but not limited to, seeking temporary restraining orders, preliminary and/or permanent injunctions and/or monetary damages.

REPRESENTATIONS AND WARRANTIES

• You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old

PRIVACY

• The Company respects the privacy of users. Please see Our Privacy Policy relating to the collection and use of your information.  User acknowledges and agrees that our Privacy Policy is incorporated and made part of these terms of use.  If user does not agree to each and every part of the Company’s Privacy Policy, then user should discontinue use of our website.

SECURITY

• We reserve the right to monitor all network traffic to this website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this website in any fashion. Users of the Site expressly consent to such monitoring.

PARENTAL PERMISSION

• The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access.  We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age.  You agree to abide by any such restrictions, and not to help anyone avoid these restrictions

TERMINATION

• These terms of use are effective until terminated by either party. A user may terminate these terms by discontinuing use of the Site and destroying all materials obtained from the website.  User access to the Site may be terminated immediately without notice from us at our sole discretion. Upon termination, user must cease use of website and immediately destroy all materials obtained from the Site and all copies thereof.

MISCELLANEOUS

No joint venture, partnership, employment or agency relationship exists between you and The Company as a result of these Terms and/or your use of the Services.  These Terms shall be effective as of the date accepted by you.  These Terms represent the entire agreement between you our Company with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services.  The Company may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.  In addition to money damages, The Company shall be entitled to seek equitable relief where appropriate if you breach any of these Terms.  These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.  The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it.  All references herein to “including” and variations thereof shall be deemed to mean, “including but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to PHS LTD, BWS and The HPH Factor.  All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity.  Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with Bahamas Wellness Solutions or The HPH Factor.  Notices to us shall be sent by email to: support@bahamaswellnesssolutions.com.