Terms and Conditions
Please read these terms and conditions of use carefully before using this site. They set forth the legally binding terms and conditions for your use of the site, products, and services available through the site. These terms contain a binding arbitration agreement and class action waiver. They affect your legal rights. Please read them.
TERMS AND CONDITIONS
It is important that you read and understand the Terms and Conditions before using our website.
SITE CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS
Our site contains a variety of materials and other items related to our business, products, services, and more from our licensors and other third parties, including all layout information, articles, reviews, posts, text, data, script, designs, graphics, icons, illustrations, images, audio clips, sounds, videos, advertising copies, URLs, technology, software, interactive features, the compilation, assemble, and arrangement of the materials of the website and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Company (collectively, 'Trademarks'); and (iii) other forms of intellectual property (all of the foregoing, collectively 'Content').
Our website (including past, present, and future versions) and the content are owned or controlled by us and our licensors and certain other third parties. All right, title, and interest in and to the Content available through the Site is the property of Company or our licensors or certain other third parties and is protected by the U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. The company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
Subject to your strict compliance with these Terms and the additional terms and conditions, We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, play, and/print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or another wireless device, or other Internet-enabled devices (each, a 'Device') for your personal, NON-COMMERCIAL use only. The foregoing limited license
- Does not give you any ownership of other intellectual property and content
- It may be immediately suspended or terminated for any reason in Healthier Transformation's sole discretions and without advance notice or liability.
- In certain instances, we may permit you to have greater access to and use of the content, subject to certain additional terms.
Right of Others
When using Healthier Transformation, you must respect the intellectual property and other rights of our company and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
SITE AND CONTENT USE RESTRICTIONS
Site Use Restrictions
You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other 'hidden text' utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Company; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user's access to the Site or the proper operation of the Site, or otherwise harms the Site, Company, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
Content Use Restrictions
You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, 'bot', spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Company or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Availability of Site and Content
We may immediately suspend or terminate the availability of our website and content (and any reports and articles) to anyone, in whole or in part, for any reason, in our sole discretions, and without advance notice or liability.
Reservation of All rights not granted as to content and website
These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Company and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
MESSAGES AND COMMUNICATION
All new and existing customers agree to receive marketing emails from Healthier Transformation and may unsubscribe from such emails by clicking a link in the email they receive. You may be asked to reply to confirm your phone number and your email address. To opt-out of future message at any time email us at [email protected] Without limiting the generality of the foregoing, all services are provided "as is" without warranty of any kind, either express or implied, and the released parties hereby disclaim all such warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
FEEDBACK YOU SUBMIT
Company may now or in future offer users of the website the opportunity to post, upload, display, publish, distribute, transmit, or otherwise make available on or submit through the website, messages, text, files, comments, responses, information, content, results, reviews, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User Content"). The company may allow you to do this through contact us, email, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content and you remain ultimately responsible for it.
Non-Confidentiality of Your User Content
License to Company of Your User Content
Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you hereby grant to Company, and you agree to grant to Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices are now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Company to your User Content, you also hereby grant to Company and agree to grant to Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you.
NOTICES, QUESTIONS AND CUSTOMER SERVICE
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting a notice on the home page of the Site, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address. If you have a question regarding using the Site, you may contact us via email at: [email protected] You acknowledge that the provision of customer support is at Company's sole discretion and that we have no obligation to provide you with customer support of any kind.
LINKS BY YOU TO THE SITE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as (a) the links only incorporate text and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with Company or cause any other confusion; and (c) the links and the content on your website do not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Company. Company reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
LINKED-TO WEBSITES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES
Linked Sites and Advertisements
The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites ('Linked Sites'), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Company. The company may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and the Company does not assume any obligation to review any Linked Sites. Company does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Company is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Company will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. The company disclaims all liability in connection therewith.
Dealing with Third Parties
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). The company disclaims all liability in connection therewith.
Informal Effort to Resolve Disputes
If a dispute arises, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution. Our notice will be sent to you based on the most recent contact information that you provide us. If we have no contact information for you or if the information is not current, then we have no obligation under this Section. Your notice to us must be sent to [email protected] For a period of sixty (60) days from the date of receipt of notice from the other party, Company and you will communicate to attempt to resolve the Dispute, though nothing requires either you or Company to resolve the Dispute on terms which you and Company, in each of our sole discretion, are not comfortable.
If we cannot resolve a dispute informally within sixty days of receipts of the notice, then any and all disputes arising between you and the company must be resolved by final and binding arbitration. By agreeing to arbitrate, each party is giving up its right to go to court and to have any dispute heard by a judge or jury. A dispute will be resolved solely by binding arbitration administered by Judicial Arbitration and Mediation Services, Inc (JAMS), in accordance with JAMS' then-current streamlined Arbitration Rules and Procedures ("Rules"). To start the arbitration process, the company or you will send a written request for arbitration to JAMS. You must also send a copy of any arbitration request to us at [email protected] so that we are aware of the arbitration and can pay JAMS' fee. JAMS will select a location for the arbitration, according to its procedural standards, that will be convenient for you. An arbitrator will be selected and govern the process, and he or she will issue a final and binding arbitration award.
Limited Time to File Claims
To the fullest extent permitted by applicable law, if you or we want to assert a dispute against the other, then you or we must initiate it (by delivery of the written notice as set forth within one year after the dispute arises- or it will be forever barred. "Initiating" means, as applicable by delivery of the written notice as set forth or filing for arbitration with JAMS as set forth. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to a dispute.
The foregoing provision of this will not apply to any claim by you or company seeking an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the website, any content, your user content and/or Company's intellectual property rights, Company' operations, and/or Company's products or services.
No Class Action
You agree to file one arbitration that includes all of your disputes and joins all known disputes. Further, you agree that any action you bring shall be individually on your own behalf and that you expressly waive the right to bring a dispute on a class or collective basis in any forum, whether it be in arbitration or in a court. The arbitrator shall not have the authority to form a class or proceed on a collective basis. There shall be no right or authority for any dispute to be arbitrated on behalf of the general public, or other persons or entities similarly situated. But if for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the dispute must be brought exclusively in court.
Federal and State Courts in Miami Dade County, Florida
Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in Miami-Dade County, Florida. Accordingly, you and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Jury Trial Waiver
You expressly agree to waive the right to have any dispute that you bring in state or federal court heard by a jury. Small claims matters are excluded from arbitration requirement Notwithstanding the foregoing, either of us may bring a Dispute in a small claims court of competent jurisdiction, provided the claim qualifies to be heard in such small claims court.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Your access to and use of the Healthier Transformation is at your sole risk. The site is provided on an "AS IS", "AS AVAILABLE," and "WITH ALL FAULTS" basis. Therefore, to the fullest extent permissible by law, company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "Company Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the website, content and the user content
- the functions, features, or any other elements on, or made accessible through, the site
- any products, services, or instructions offered or referenced at or linked through the website
- security associated with the transmission of your user content transmitted to the company via the site
- whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
- whether any defects to or errors on the Site will be repaired or corrected;
- whether your access to the Site will be uninterrupted;
- whether the Site will be available at any particular time or location; and
- whether your use of the Site is lawful in any particular jurisdiction.
Except for any specific warranties provided herein or in additional terms provided by a company party, company parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. Some jurisdictions limit does not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable. The Site strives to keep its information, documents, study guides, test materials, checklists, and developed forms accurate, current, and, up-to-date. However, because the law changes rapidly, we cannot guarantee that all of the information on the Site is completely current, correct, or up-to-date. Furthermore, the information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult your attorney. From time to time, we may perform certain services and introduce our visitors to various services, products and offers through various methods, including, but not limited to, third-party listings, advertisers, and services. At no time are we responsible to you or liable to you for the accuracy or performance of any such listings and/or services
LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the site, content, and user content
- your use of or inability to use the site or the performance of the site
- any action taken in connection with an investigation by company parties or law enforcement authorities regarding your access to or use of the website
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Site's technical operation; or
- any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Site). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
UPDATE TO THE TERMS
These Terms, in the form posted at the time of your use of the applicable services to which it applies, shall govern such use. The terms of the site may be modified with or without prior notice. Each time you sign in to or otherwise use the site you are entering into a new agreement with us on the then applicable terms and conditions and you agree that we may notify you of other terms by posting them on the site. in the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the email you associated with your purchases for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised, or Additional Terms by discontinuing the use of the Site and related services.
Company's Consent or Approval As to any provision in these terms or any additional terms that grant COMPANY a right of consent or approval, or permits COMPANY to exercise a right in its "sole discretion," Company may exercise that right in its sole and absolute discretion. No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute will be governed by and interpreted in accordance with the laws of the State of Florida, excluding its choice of law rules. Notwithstanding any other provision of these Terms, Company is not your agent, partner, or joint venture in any respect. The company is not your attorney or financial advisor and assumes no fiduciary obligation to you.
You agree to, and you hereby, defend, indemnify, and hold Company Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Content; (ii) your use of the Site and your activities in connection with the Site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Company Parties' use of the information that you submit to us (including your User Content) (all of the foregoing, 'Claims and Losses'). You will cooperate as fully required by Company Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Company Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Company Party.
When you communicate with us electronically, such as via email, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. 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.
Investigations, cooperation with law enforcement, termination, survival
Company reserves the right, without any limitation, to (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Company in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Company under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Company, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Company may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Site and you will be responsible for all charges related to them.
California Consumer Rights and Notices
Residents of California are entitled to the following specific consumer rights information; you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.
References to 'Site' 'you,' and 'us' include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us.