Terms of Service
Terms of Service
These Terms of Service govern your use of healthyandactive.com and your purchases from us. By using the site or placing an order, you agree to them. This site is operated by XR, LLC d/b/a Healthy & Active, 18047 Beach Blvd #1012, Huntington Beach, CA 92648.
Last updated: March 18, 2026.
1. Acceptance of terms
By accessing or using the website, placing an order, or engaging with our products or services, you agree to be bound by these Terms. If you do not agree, please stop using the website. We may update these Terms at any time, and your continued use after a change means you accept the revised Terms, so please review them from time to time.
2. Eligibility
This website is for adults 18 years of age or older. By using it or placing an order, you confirm that you are at least 18 and have the legal capacity to enter a binding agreement. We may refuse service, close accounts, or cancel orders if we believe this requirement is not met. You are responsible for making sure your use complies with the laws where you live, and if you access the site from outside the United States you do so at your own risk.
3. Products sold as novelties, and disclaimer of warranties
All products are sold as novelties only, and we make no warranty as to their safety. You assume all risk and liability of use. To the fullest extent permitted by law, Healthy & Active and its officers, directors, employees, agents, licensors, and service providers disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the website will be uninterrupted, error free, or free of harmful components.
4. Limitation of liability
To the fullest extent permitted by law, Healthy & Active and its affiliates and their officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of, or inability to use, the website or any products purchased through it. Our total liability for any claim will not exceed the greater of the amount you paid us in the 12 months before the claim or $100.00 USD. Some jurisdictions, including certain Canadian provinces, do not allow these limits, so they apply to the maximum extent permitted by law.
5. Orders, pricing, and payment
All orders are subject to acceptance and availability. We may refuse or cancel any order for any reason, including availability, pricing or product errors, or fraud concerns. Prices may change without notice and are shown in US dollars unless stated otherwise. For international orders, any duties, taxes, and customs fees are the customer's responsibility. By placing an order you confirm you are authorized to use the payment method and that your information is true and complete. We accept major cards and the other methods shown at checkout.
6. Shipping and delivery
We ship worldwide. Estimated delivery times are provided for convenience only and are not guaranteed, and we are not responsible for delays caused by carriers, customs, weather, or other events outside our control. Risk of loss and title pass to you when we hand the products to the carrier. If your order is lost or damaged in transit, contact us at info@healthyandactive.com. Full details are on our Shipping & Delivery page.
7. Returns and exchanges
Returns are handled as store credit or exchange and require an approved RMA. See our Returns & Exchanges page for the full policy. If you are a consumer in the European Union, you also have a statutory right of withdrawal described on our EU Right of Withdrawal page, which operates alongside these Terms.
8. SMS marketing program
If you opt in to our SMS program at checkout or through a web form, you agree to our SMS Terms, which are part of these Terms by reference. Enrollment is optional and never a condition of purchase. Message and data rates may apply and message frequency varies. Reply STOP to 84876 to unsubscribe or HELP to 84876 for help. Our program follows the TCPA, CTIA principles, the T-Mobile Code of Conduct, The Campaign Registry 10DLC rules, FCC consent revocation rules effective April 11, 2025, Canadian Anti-Spam Legislation for Canadian subscribers, and applicable state mini TCPA laws. See our SMS Terms.
9. 18 U.S.C. 2257 compliance
We comply with the record keeping requirements of 18 U.S.C. 2257. See our 2257 Statement for the full statement and the Custodian of Records.
10. Intellectual property
All content on this website, including text, graphics, logos, images, and software, is owned by or licensed to Healthy & Active and is protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from it without our written permission.
11. Acceptable use
You agree not to misuse the website, including by attempting to gain unauthorized access, interfering with its operation, scraping or harvesting data, introducing harmful code, or using it for any unlawful purpose. We may suspend or terminate access for conduct that we believe violates these Terms or harms the site, our customers, or others.
12. Third party links
The website may link to third party sites or services that we do not control. We are not responsible for their content, policies, or practices, and a link is not an endorsement. Your use of any third party site is governed by that site's own terms.
13. Indemnification
You agree to indemnify and hold harmless Healthy & Active and its affiliates from any claims, losses, or expenses, including reasonable legal fees, arising from your use of the website, your violation of these Terms, or your violation of any law or the rights of a third party.
14. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of law rules. Any dispute will be resolved in the state or federal courts located in California, and you consent to their jurisdiction, except where applicable law gives you the right to bring a claim elsewhere.
15. Changes to these terms
We may revise these Terms at any time. The version posted here, with the date shown above, is the current one, and your continued use of the website means you accept it.
16. How to contact us
Email info@healthyandactive.com, call 1-844-778-4738 in the US or +1-714-907-1030 internationally, or write to XR, LLC d/b/a Healthy & Active, 18047 Beach Blvd #1012, Huntington Beach, CA 92648.
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