Healthy, Fit & Sexy Wellenss Solutions’ Terms & Conditions of Use
Welcome to the Healthy, Fit & Sexy Wellness Solutions’ web site at healthyfitandsexy.com. Healthy, Fit & Sexy Wellness Solutions provides its services to you subject to the following Terms & Conditions. If you visit, use a service, or make purchases at healthyfitandsexy.com or any of our other web sites (collectively, the “Site”) operated by Healthy, Fit & Sexy Wellness Solutions or one of its divisions or subsidiaries, you agree to abide by these Terms & Conditions when you use the Site. If you do not agree to these Terms & Conditions of Usage, do not use any portion of the Site. Healthy, Fit & Sexy Wellness Solutions reserves the right to revise these Terms & Conditions at any time by updating these Terms & Conditions of Use. Your continued use of the Site constitutes your agreement to comply with such revisions, so please visit this page from time to time.
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms & Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Healthy, Fit & Sexy Wellness Solutions. 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 Healthy, Fit & Sexy Wellness Solutions without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing Healthy, Fit & Sexy Wellness Solutions’ name or trademarks without the express prior written consent of Healthy, Fit & Sexy Wellness Solutions. Any unauthorized use terminates the rights granted herein by Healthy, Fit & Sexy Wellness Solutions. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Healthy, Fit & Sexy Wellness Solutions’, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Healthy, Fit & Sexy Wellness Solutions logo or other proprietary graphic or trademark as part of the link without the express prior written permission of Healthy, Fit & Sexy Wellness Solutions.
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under applicable Federal, State and local laws. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Healthy, Fit & Sexy Wellness Solutions’ employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without the express prior written permission of Healthy, Fit & Sexy Wellness Solutions. You agree that you will not use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
USAGE AND MONITORING
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Healthy, Fit & Sexy Wellness Solutions does sell products for children. If you are under 18, you may use healthyfitandsexy.com only with involvement of a parent or guardian. Healthy, Fit & Sexy Wellness Solutions reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While Healthy, Fit & Sexy Wellness Solutions has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, Healthy, Fit & Sexy Wellness Solutions reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Healthy, Fit & Sexy Wellness Solutions, in its sole and absolute discretion, deems objectionable or otherwise in violation of these Terms & Conditions. Healthy, Fit & Sexy Wellness Solutions further reserves the right, in its sole and absolute discretion and without notice, to deny access to the Site to anyone at any time.
If you do post or submit content of any nature, and unless indicated otherwise, you grant Healthy, Fit & Sexy Wellness Solutions a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter invented. You also grant Healthy, Fit & Sexy Wellness Solutions the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will fully indemnify Healthy, Fit & Sexy Wellness Solutions for all claims of any nature resulting from content you supply. Healthy, Fit & Sexy Wellness Solutions respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately.
All content included on this Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of Healthy, Fit & Sexy Wellness Solutions or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Healthy, Fit & Sexy Wellness Solutions and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
Links may appear on the Site that may be used to link to other web sites. These links are provided as a courtesy to our visitors. Healthy, Fit & Sexy Wellness Solutions has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Healthy, Fit & Sexy Wellness Solutions is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Healthy, Fit & Sexy Wellness Solutions reserves the right to terminate any link at any time.
DISCLAIMER AND LIMITATION OF DAMAGES
(a) Healthy, Fit & Sexy Wellness Solutions is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Healthy, Fit & Sexy Wellness Solutions makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Healthy, Fit & Sexy Wellness Solutions, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
(b) Any statements and opinions appearing on the Site are those of its authors, and Healthy, Fit & Sexy Wellness Solutions assumes no responsibility for such statements and opinions. Neither Healthy, Fit & Sexy Wellness Solutions nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site. While Healthy, Fit & Sexy Wellness Solutions makes reasonable efforts to present accurate and reliable information on the Site, Healthy, Fit & Sexy Wellness Solutions does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Please consult a physician or health care professional before using any of the general information that you find on the Site. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Healthy, Fit & Sexy Wellness Solutions. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) Although we do not share or sell customer profile information including email addresses gathered on the Site with outside organizations, we make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You agree to indemnify and hold Healthy, Fit & Sexy Wellness Solutions and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms & Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
Healthy, Fit & Sexy Wellness Solutions operates the Site from its offices in Minnesota and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Healthy, Fit & Sexy Wellness Solutions to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction Minnesota and any and all actions brought in connection with the Site or Site content shall be submitted to binding arbitration conducted in accordance with the rules of conciliation and arbitration of the American Arbitration Association. The parties hereby consent to the arbitration being held in the County of Dakota of the State of Minnesota. Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Healthy, Fit & Sexy Wellness Solutions or any of its officers, employees, agents or representatives, such as where notice to Healthy, Fit & Sexy Wellness Solutions is required by contract, or any federal, state or local laws, rules or regulations.