Livingheywell.com Terms of Use — Last updated: September 1, 2025
1. General Conditions and Definitions
This Terms of Use agreement (“Agreement”) describes the terms of your use of the website www.livingheywell.com (“Site”). This Site is owned and operated by heywell Corporation, a Delaware corporation (referred to hereafter as “we,” “us,” or “heywell”). By accessing or otherwise using this Site you (“you” or “User”) agree to be bound by the terms of this Agreement and by the heywell Privacy Policy. If you do not agree with the terms of this Agreement and the Privacy Policy, or are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. If you purchase heywell’s products from this Site, or subscribe to heywell’s emails or blog posts, you represent that you are 18 years of age or older or, if under the age of 18, that you have the consent of your parent or legal guardian.
2. Updates to Agreement
heywell may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
3. Site Accessibility and Security
User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. heywell will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. This Site is hosted on Squarespace While we and Squarespace intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in Internet service that are beyond the control of heywell and Site maintenance. heywell will not be responsible for any data lost during Internet transmissions or User’s inability to make a purchase from heywell via the Site.
4. Links to Third-Party Websites
This Site MAY contain links to third-party websites provided by other content providers. Heywell expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. See the heywell Privacy Policy for more information.
5. Privacy
heywell is committed to protecting the privacy of User information. See the heywell Privacy Policy for more information on Heywell’s privacy practices. For payment processing, heywell uses Shopify, Inc., which has its own privacy policy. Please review Shopify Payments privacy policy regarding how it protects the information you provide to it.
6. Pricing and Availability
For your convenience, we may offer one or more options for you to order products. All prices shown are in U.S. dollars. Taxes and shipping and handling charges may be additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens. Due to the nature of the Internet, it is not possible for heywell to restrict access to its Site to only those locations where it does business. The products offered on the Site are not available to Users outside of the United States and may not be available to Users located in specific areas of the United States. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from heywell in a location where such products may not be sold. Promotions and coupon codes are valid for a limited time. heywell reserves the right to cancel, suspend or decline promotions at our discretion. Coupon codes cannot be combined and only one code is allowed per transaction. Limited time promotions may have terms that fall outside of these stated terms. For complete details please email heythere@livingheywell.com.
7. Errors
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, photograph, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
8. Out-of-Stock Items
If an item that you order is out of stock, we will notify you of this status as quickly as possible. We may offer you the substitution of an item of like quality subject to your approval. If you prefer to wait for the out-of-stock item, you will have the option of having any partial order processed and shipped before the out-of-stock item becomes available, although this may cause you to incur an additional cost to cover separate shipping.
9. Cancellation of Order
We try to ship orders as quickly as possible, which means we may not be able to adjust or cancel it prior to shipment. If you need to cancel or modify your order, please contact heythere@livingheywell.com within six (6) hours of ordering and we will do our best to accommodate your request. Any cancellations or modifications received more than six (6) hours after the initial request will not be applied.
10. Processing, Shipping, and Handling
It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to provide you with the products you order. You agree to pay the shipping and any handling charges shown on the Site when you place your order. Although heywell currently offers free shipping to most continental US addresses through UPS, FedEx, or USPS, we reserve the right to change shipping and handling charges from time to time and without prior notice, so please check all charges before placing your order. Any shipping or handling charges may not reflect actual costs. All orders are shipment contracts, not destination contracts. Shipping times, if any, shown on the Site are estimates only, and delivery dates may vary. Items from a single order may be shipped in more than one package. Shipments are processed Monday through Friday. Shipments are from Chicago, IL and transit time will vary based on your distance from our facility. At this time, all shipments will be shipped ground and we are not able to expedite shipping. Tracking numbers are provided upon shipment to the email address on your order.
We want you to be happy with your purchase. If you have any questions about the status of your order or you have any concerns with your shipment once it arrives, please contact our Customer Service team at heythere@livingheywell.com. (Please include order number in the subject line.) If you do not receive your order, we’ll do our best to work with the carrier to resolve the issue, although please note we are not responsible for errors on the order form or address entry which result in the shipping company not being able to deliver.
11. Refunds
We take pride in the quality of our products. In the unlikely event you are not satisfied with heywell, please send us an email at heythere@livingheywell.com within fourteen (14) days of the package delivery date and we will refund your purchase.
12. Damaged or Incorrect Orders
If your package is damaged or your order is incorrect, we may require photographic evidence to help document the issue and process a replacement. These requests must be made to heythere@livingheywell.com within seven (7) days of package delivery date.
13. No Export by You
You agree that you will not obtain or direct shipment of product for export.
14. Orders and Payment
Orders are placed and payment made through Shopify. We do not have access to your credit card or other payment information. For how Shopify protects and maintains the information you provide, please see the Shopify Payments privacy policy. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling, and other amounts described on the Site) to that card. As part of the fulfilment process, we will receive your email address and the required shipping information, which is subject to heywell’s Privacy Policy .
15. Trademarks and Copyrights
“heywell” is a trademark of heywell and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of heywell or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material on the Site may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of heywell or the copyright owner. Permission is granted to access, display, copy, and download the material on this Site only for your personal use, provided you do not modify the material and that you retain all copyright and other proprietary notices contained in the material. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. heythere@livingheywell.com
16. Disclaimer of Warranty and Limitation of Liability
You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS DESCRIBED ON THIS SITE ARE PROVIDED BY HEYWELL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. neither Heywell nor any of its affiliates, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HEYWELL DOES NOT WARRANT THAT THIS SITE OR EMAILS SENT FROM HEYWELL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEYWELL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such damages. the aggregate liability of Heywell, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase oR use of any products described on the site WILL NOT exceed $100 IN ANY CALENDAR YEAR.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
17. Indemnification
You agree to indemnify, and hold harmless heywell, its members, officers, employees, agents, affiliates, and its affiliates’ respective owners, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.
18. Electronic Communication
You agree to receive communications from heywell in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that heywell provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you become a subscriber to our emails or blog posts, you may receive promotional emails from heywell. See the heywell Privacy Policy [hyperlink] regarding what information we collect from you, how we use that information, and how you can opt out from receiving heywell promotional emails.
19) SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Heywell (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at heythere@livingheywell.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Hinsdale, Illinois before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Heywell’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
20. Termination
heywell may terminate this Agreement at any time for any reason without prior notice. Without limiting the foregoing, heywell will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 15, 16, 17, 20, and 21 will survive termination of this Agreement.
21. Dispute Resolution
You agree that this Agreement will be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that as to any dispute arising from this Agreement, you and heywell will first submit the dispute to a single mediator located in Cook County, Illinois. If mediation does not resolve the dispute within 90 days, then a party may file a cause of action only in the courts located within Cook County, Illinois. You hereby consent and agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive the right to a jury trial.
22. Statute of Limitations
User agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to products described on the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
23. Completeness and Severability
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by heywell to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by heywell of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance is determined by a court to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
24. Contacting Us
If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to heythere@livingheywell.com.
