Terms of service
OVERVIEW
Welcome to FTH Wellness. The terms “we,” “us,” and “our” refer to FTH Wellness. FTH Wellness operates this store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated wellness and recovery shopping experience (the “Services”). FTH Wellness is powered by Shopify, which enables us to provide the services to you.
These Terms of Service, together with any policies referenced herein (“Terms”), describe your rights and responsibilities when using our Services.
Please read these Terms carefully. They contain important information concerning your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, or jurisdiction of residence or that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.
To use certain services, including purchasing products, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.
You represent that all information you provide is accurate, current, and complete and that you have the right to provide such information.
You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not sell, transfer, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
FTH Wellness offers wellness, recovery, and lifestyle products, which may include infrared saunas, red light therapy products, recovery equipment, accessories, and other related products.
We make reasonable efforts to accurately display and describe the products available through our store. However, colors, dimensions, appearance, packaging, specifications, components, and other characteristics may differ from what appears on your screen or may be modified by manufacturers or suppliers.
We may change product descriptions, photographs, specifications, features, availability, and prices at any time without notice.
We reserve the right to discontinue products or limit quantities available to any person, household, geographic region, or jurisdiction.
Some products available through FTH Wellness may be manufactured, supplied, fulfilled, or shipped by third parties. FTH Wellness does not manufacture every product offered through the store unless expressly stated otherwise.
Product Information and Intended Use
Products and information provided by FTH Wellness are intended for general wellness, recovery, lifestyle, and informational purposes.
Products sold through FTH Wellness are not intended to diagnose, treat, cure, or prevent any disease or medical condition unless specifically authorized and represented as such under applicable law.
Information provided through our website, product descriptions, educational materials, customer service, marketing materials, or other communications is not intended to replace professional medical advice, diagnosis, or treatment.
Customers are responsible for following all manufacturer instructions, warnings, installation requirements, operating procedures, maintenance instructions, and safety recommendations provided with their products.
If you have questions regarding whether a product is appropriate for your individual circumstances, you should consult an appropriate qualified healthcare professional before use.
SECTION 3 – ORDERS
When you submit an order, you are making an offer to purchase products from FTH Wellness. We reserve the right to accept, reject, limit, or cancel an order where permitted by applicable law.
An order is not considered accepted until payment has been successfully processed and the order has been confirmed.
Please carefully review your order, including product selection, quantity, billing information, and shipping address, before submitting it. Once an order enters processing or fulfillment, we may be unable to modify or cancel it.
If we cancel, modify, or are unable to fulfill an order, we will make reasonable efforts to contact you using the information provided with the order.
Purchases are subject to our Return and Refund Policy.
We reserve the right to limit or prohibit orders that reasonably appear to have been placed for unauthorized resale, fraudulent purposes, or other prohibited activity.
SECTION 4 – PRICES AND BILLING
Prices, discounts, product availability, and promotions are subject to change without notice.
The price charged for a product will generally be the price displayed when your order is submitted, subject to correction of obvious pricing or listing errors as permitted by applicable law.
Unless otherwise stated, displayed product prices may not include applicable taxes, shipping charges, freight charges, delivery fees, customs charges, duties, or other costs.
Promotions, discounts, or special offers may be governed by additional terms. If the terms of a specific promotion conflict with these Terms, the terms applicable to that promotion will govern with respect to that promotion.
You agree to provide accurate, complete, and current billing and payment information.
By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us and our payment processors to charge the applicable amount associated with your purchase.
SECTION 5 – SHIPPING AND DELIVERY
FTH Wellness currently ships to eligible addresses within the United States. Shipping availability may depend on the product, manufacturer, supplier, warehouse, and destination.
Shipping costs and estimated delivery times may vary by product and destination.
Some products may be shipped directly from manufacturers, distributors, warehouses, or other fulfillment partners. Products included in the same order may therefore arrive separately.
All delivery dates and transit times are estimates unless expressly guaranteed in writing. FTH Wellness cannot guarantee a particular delivery date.
FTH Wellness is not responsible for delays caused by shipping carriers, manufacturers, distributors, suppliers, weather conditions, natural disasters, transportation disruptions, incorrect customer information, or other circumstances outside our reasonable control.
Large, heavy, or oversized products, including certain saunas and wellness equipment, may require freight delivery. Freight shipments may have additional requirements regarding scheduling, accessibility, delivery location, unloading, inspection, or customer presence.
Customers are responsible for reviewing product-specific delivery information before completing their purchase.
Customers should inspect packages and products promptly upon delivery and report shipping damage according to our applicable Return and Refund Policy or Shipping Policy.
Please review our Shipping Policy for additional information.
SECTION 6 – INTELLECTUAL PROPERTY
The Services and their content, including trademarks, logos, text, graphics, photographs, images, videos, audio, designs, website elements, and other materials owned by FTH Wellness or its licensors, are protected by applicable intellectual property laws.
These Terms permit you to use the Services for lawful personal and non-commercial purposes.
Unless authorized by FTH Wellness or otherwise permitted by law, you may not reproduce, distribute, modify, republish, transmit, sell, commercially exploit, or create derivative works from protected FTH Wellness content.
Nothing in these Terms grants you ownership or a license to FTH Wellness trademarks, copyrighted materials, or other intellectual property except as expressly stated.
Third-party trademarks, product names, manufacturer names, logos, photographs, and other intellectual property remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to tools, applications, payment processors, integrations, or services provided by third parties.
Such third-party services may be provided “as is” and “as available,” subject to the third party's own terms and policies.
FTH Wellness does not control every third-party tool or service and cannot guarantee its availability, security, performance, or accuracy.
Your use of third-party tools or services is at your own discretion and may be subject to separate terms between you and the applicable provider.
New features, tools, resources, and integrations that we add to the Services may also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to websites, resources, manufacturers, payment providers, suppliers, or services operated by third parties.
FTH Wellness does not control third-party websites and is not responsible for their content, accuracy, availability, privacy practices, or other activities.
If you access a third-party website, you do so at your own discretion and should review that third party's terms, policies, and practices.
Questions or disputes involving products or services purchased directly from a third party should generally be directed to that third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
FTH Wellness is powered by Shopify, which enables us to provide the services to you.
However, purchases made through the FTH Wellness store are transactions directly between you and FTH Wellness.
By using the Services, you acknowledge that Shopify is not the seller of products offered by FTH Wellness and is not responsible for the products purchased from FTH Wellness, except to the extent otherwise required by applicable law.
SECTION 10 – PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable privacy requirements.
Because our store is hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of the Services in order to provide its platform and related services.
Information may also be shared with service providers, payment processors, shipping companies, manufacturers, suppliers, fulfillment partners, and other parties when reasonably necessary to process transactions and provide the services.
Please review our Privacy Policy for additional information regarding the collection, use, disclosure, and protection of personal information.
SECTION 11 – FEEDBACK AND REVIEWS
If you submit reviews, suggestions, ideas, photographs, comments, feedback, or other content (“Feedback”) to FTH Wellness, you represent that you have the right to provide such content.
You grant FTH Wellness a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and publish feedback for legitimate business purposes, including operating, improving, and promoting the services, subject to applicable law.
Feedback must not violate another person's intellectual property, privacy, publicity, or other legal rights.
You may not submit unlawful, abusive, fraudulent, misleading, defamatory, obscene, malicious, or harmful content.
We reserve the right, but are not obligated, to monitor, remove, or decline feedback where permitted by law.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, photographs, specifications, availability, pricing, promotions, shipping costs, or estimated delivery times.
We reserve the right to correct errors, inaccuracies, or omissions and to update information where permitted by applicable law.
If an error materially affects an order you have already submitted, we may contact you regarding the correction and, when appropriate, provide options concerning the affected order.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to engage in illegal or fraudulent activity; violate applicable laws or regulations; infringe intellectual property rights; harass, threaten, defame, or harm others; transmit malicious software; provide intentionally false or misleading information; impersonate another person or organization; interfere with website security or functionality; collect personal information unlawfully; engage in unauthorized scraping or automated access; or otherwise misuse the Services.
We reserve the right to restrict, suspend, or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 – AUTOMATED SYSTEMS AND AGENTS
Automated systems, bots, software agents, artificial intelligence agents, scrapers, or similar technologies may not access, interfere with, copy, extract information from, or interact with the Services in violation of applicable law, these Terms, or technical restrictions implemented by FTH Wellness, Shopify, or our service providers.
We reserve the right to restrict automated access where necessary to protect our services, customers, systems, intellectual property, or business operations.
SECTION 15 – TERMINATION
We may restrict, suspend, or terminate access to some or all of the Services when reasonably necessary, including in response to violations of these Terms, suspected fraudulent activity, security threats, or unlawful conduct.
Termination does not eliminate obligations incurred before termination, including amounts properly owed for completed purchases.
Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and governing law.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided primarily for general informational purposes.
Although we make reasonable efforts to provide accurate information, we do not guarantee that all website information will always be complete, current, error-free, or suitable for every particular purpose.
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
Except for warranties expressly provided by FTH Wellness, manufacturers, or applicable law, we disclaim warranties to the extent legally permitted.
Nothing in these Terms is intended to exclude warranties or consumer protections that cannot legally be excluded or limited.
SECTION 17 – WELLNESS AND PRODUCT USE DISCLAIMER
Information provided by FTH Wellness regarding wellness, recovery, infrared technology, red light therapy, relaxation, performance, or related subjects is provided for general educational and informational purposes only.
FTH Wellness does not provide medical advice, diagnosis, or treatment.
Statements appearing on our website should not be interpreted as promises or guarantees of particular medical, health, recovery, fitness, wellness, or performance outcomes.
Individual experiences may vary.
Products should always be used according to applicable manufacturer instructions, warnings, operating procedures, installation requirements, and safety guidelines.
If you have a medical condition, are pregnant, use an implanted medical device, take medications, have concerns regarding heat or light exposure, or otherwise have questions about whether a particular wellness product is appropriate for you, consult an appropriate qualified healthcare professional before use.
Never disregard professional medical advice because of information obtained through FTH Wellness.
Nothing provided through the Services is intended to substitute for professional medical advice, diagnosis, or treatment.
SECTION 18 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, FTH Wellness and its owners, affiliates, officers, employees, agents, contractors, service providers, suppliers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.
This may include, where permitted by law, lost profits, lost revenue, lost data, business interruption, or similar losses.
Nothing in these Terms excludes or limits liability where such liability cannot legally be excluded or limited.
Manufacturer warranties or other product-specific protections may provide additional rights.
SECTION 19 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless FTH Wellness and its affiliates, officers, employees, agents, contractors, service providers, and licensors from third-party claims, losses, damages, liabilities, and reasonable expenses arising from your material violation of these Terms, violation of applicable law, infringement of another party's rights, or unlawful misuse of the Services.
This provision does not require you to indemnify FTH Wellness for conduct for which indemnification cannot lawfully be required.
SECTION 20 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 21 – WAIVER AND ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and other applicable policies displayed through the Services, constitute the agreement governing your use of the Services, subject to applicable law.
SECTION 22 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law.
FTH Wellness may transfer or assign its rights and obligations in connection with a merger, acquisition, sale, restructuring, financing, or transfer of business operations, subject to applicable law.
SECTION 23 – GOVERNING LAW
These Terms and your use of the Services will be governed by applicable laws of the jurisdiction in which FTH Wellness is established, together with applicable United States federal law, without depriving consumers of protections that cannot legally be waived.
Any disputes will be handled in an appropriate court or forum having jurisdiction under applicable law.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms periodically to reflect changes to our Services, products, business practices, legal requirements, or other operational needs.
The most current version of these Terms will be available through our website.
Where required by applicable law, we will provide appropriate notice of material changes.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
FTH Wellness
Email: hello@fthwellness.com
Additional business contact information may be made available through our website where required by applicable law.