Terms of Service
By using BarnabyHealth.com, you agree to these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your use of BarnabyHealth.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use BarnabyHealth.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BarnabyHealth.com, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through BarnabyHealth.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Everyday Solutions or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BarnabyHealth.com is the exclusive property of Everyday Solutions and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BarnabyHealth.com are trademarks or trade dress of Everyday Solutions in the U.S. and other countries. Amazon’s trademarks and trade dress may not be used in connection with any product or service that is not Amazon’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Everyday Solutions. All other trademarks not owned by Everyday Solutions that appear in any BarnabyHealth.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Everyday Solutions.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Everyday Solutions or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BarnabyHealth.com. This license does not include any resale or commercial use of any BarnabyHealth.com, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BarnabyHealth.com or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Everyday Solutions or its licensors, suppliers, publishers, rightsholders, or other content providers. No BarnabyHealth.com, nor any part of any BarnabyHealth.com, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Amazon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Everyday Solutions without express written consent. You may not use any meta tags or any other “hidden text” utilizing Everyday Solutions’ name or trademarks without the express written consent of Everyday Solutions. You may not misuse the BarnabyHealth.com. You may use the BarnabyHealth.com only as permitted by law. The licenses granted by Everyday Solutions terminate if you do not comply with these Conditions of Use or any Service Terms.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Everyday Solutions reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Everyday Solutions a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Everyday Solutions and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Everyday Solutions for all claims resulting from content you supply. Everyday Solutions has the right but not the obligation to monitor and edit or remove any activity or content. Everyday Solutions takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Everyday Solutions respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at team@everyday.biz.

RISK OF LOSS

All purchases of physical items from Everyday Solutions are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

All sales are final. Sales made during Coronavirus pandemic are non returnable and non refundable
Refunds and exchanges are only acceptable if the product shipped is the wrong item or is damaged during shipping.
Returnable items must be in their original unused condition and must be returned within 30 days of purchase.
Please email us at info@barnabyhealth.com to request a refund and if accepted, we will assign you a RMA # with a shipping address provided for the return
Everyday Solutions does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Everyday Solutions does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Everyday Solutions attempts to be as accurate as possible. However, Everyday Solutions does not warrant that product descriptions or other content of any BarnabyHealth.com is accurate, complete, reliable, current, or error-free. If a product offered by Everyday Solutions itself is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by Everyday Solutions, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our websites may be mispriced. If the correct price of an item sold by Everyday Solutions is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BARNABYHEALTH.COM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BARNABYHEALTH.COM WEBSITE ARE PROVIDED BY EVERYDAY SOLUTIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EVERYDAY SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BARNABYHEALTH.COM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BARNABYHEALTH.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BARNABYHEALTH.COM IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, EVERYDAY SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERYDAY SOLUTIONS DOES NOT WARRANT THAT THE BARNABYHEALTH.COM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BARNABYHEALTH.COMS, AMAZON’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EVERYDAY SOLUTIONSARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EVERYDAY SOLUTIONSWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF BARNABYHEALTH.COM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH BARNABYHEALTH.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of BarnabyHealth.com, or to any products or services sold or distributed by Everyday Solutions or through BarnabyHealth.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Everyday Solutions will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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APPLICABLE LAW

By using BarnabyHealth.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Everyday Solutions.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of BarnabyHealth.com. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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ADDITIONAL EVERYDAY SOLUTIONS SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with BarnabyHealth.com (the “Everyday Solutions Software”).

• Use of the Everyday Solutions Software: You may use Everyday Solutions Software solely for purposes of enabling you to use the BarnabyHealth.com as provided by Everyday Solutions, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Everyday Solutions Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Everyday Solutions Software in whole or in part. All software used in any BarnabyHealth.com is the property of Everyday Solutions or its software suppliers and is protected by United States and international copyright laws.

• Use of Third-Party Services: When you use the Everyday Solutions Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

• No Reverse Engineering: You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Everyday Solutions Software, whether in whole or in part.

• Updates: We may offer automatic or manual updates to the Everyday Solutions Software at any time and without notice to you.

• Conflicts: In the event of any conflict between these Conditions of Use and any other Everyday Solutions or third-party terms applicable to any portion of Everyday Solutions Software, such as open-source license terms, such other terms will control as to that portion of the Everyday Solutions Software and to the extent of the conflict.

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