Effective Date: October 13, 2014
The Site is provided to facilitate the provision of supportive services to individuals desiring dietary and lifestyle assistance to improve their health (the “Program”). The Program is conducted by trained coaches (“Coaches”). The Coaches do not prescribe dietary intervention nor offer medical advice. Rather, they help people implement a supported, high nutrient diet style. The Coaches cannot guarantee health achievement, improvement or success.
While we make reasonable efforts to ensure that the Site is available at all times, we do not guarantee that access to the Site will be uninterrupted or error-free, and we do not guarantee that users will be able to access or use all or any of the Site features at all times. We will make reasonable efforts to inform you in advance of any downtime from our services or Site.
We use reasonable efforts to accurately display the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depictions”) of the goods that may appear on the Site. However, the actual Depictions you see may be dependent upon your monitor, and we cannot guarantee that your device will accurately display the Depictions.
The materials appearing on the Site are not intended to constitute, and do not constitute, healthcare, medical, legal or business services or advice. Coaches are not acting as, nor shall they be considered, licensed dietitians, nutritionists, psychologists or other licensed or registered professionals. Those accessing the materials should not act upon them without first seeking appropriate advice, as these materials are general in nature and may not apply to your particular circumstance.
If you are currently taking prescription medications, we strongly encourage you to consult your health care provider before starting the Program. It is imperative that your medication levels be monitored and adjusted during the Program. Blood pressure and blood sugar levels, for example, may be lowered by the Program as the result of weight loss, requiring reduction in medication levels. FAILURE TO FOLLOW THIS ADVICE COULD BE HARMFUL TO YOUR HEALTH.
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Healthy Food Now and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Healthy Food Now is not responsible for webcasting or any other form of transmission received from any Linked Site. Healthy Food Now is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Healthy Food Now of the Linked Site.
You hereby represent and warrant that:
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Healthy Food Now has no obligation to monitor the Communication Services. However, Healthy Food Now reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Healthy Food Now reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Healthy Food Now reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Healthy Food Now’s sole discretion.
Always use caution when giving out any personal identifying information about yourself or your children in any Communication Service. Healthy Food Now does not control or endorse the content, messages or information found in any Communication Service and, therefore, Healthy Food Now specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
By posting, uploading, inputting, providing or submitting your submission you are granting Healthy Food Now, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your submission, in any media format or channel, and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Healthy Food Now is under no obligation to post or use any submission you may provide and may remove any submission at any time in Healthy Food Now’s sole discretion. You acknowledge that we are under no obligation to maintain the Site or any information, materials, submissions, content or other matter you submit, post or make available to or on the Site. We reserve the right to withhold, remove and or discard any such material.
By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions. Further, we are not under any obligation of confidentiality relating to submissions in any way.
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site by anyone other than authorized Healthy Food Now employees, independent contractors, Coaches and Chef Contractors while acting in their official capacities.
Though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the Site are different, the checkout price will prevail in every case. Of course, if you become aware that the Site contains inaccurate information, please contact us.
We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products or services offered or sold through the Site. If you have already placed an order or are on a recurring order plan we will make efforts to notify you of any price change at least two (2) weeks before taking effect.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION. HEALTHY FOOD NOW MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HEALTHY FOOD NOW MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEALTHY FOOD NOW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHY FOOD NOW BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTHY FOOD NOW HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our affiliated companies, independent contractors, employees, members, managers, shareholders, directors or officers shall be liable for (1) any damages in excess of $100.00 to you or any third party from your use of the Site. This limitation shall apply regardless of the basis of your claim.
You shall defend, indemnify and hold harmless Healthy Food Now, its affiliates, independent contractors, Chefs, Coaches, partners members, managers, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms, (ii) your access to and/or use of the Site, (iii) your participation in the Program and/or (iv) any and all information or content submitted by you or otherwise using the Site, including for claims that any of it violates, infringes or misappropriates any proprietary rights, or right of publicity, privacy or any other right of any third party.
You assume the risks of the Program. You hereby release and discharge Healthy Food Now, its affiliates, independent contractors, members, managers, Chefs, Coaches, partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, demands, damages, costs, reasonable attorneys’ fees and other professional fees and costs whatsoever, directly or indirectly arising out of or related to your use of the Site and your participation in the Program.
Healthy Food Now reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
The Site is not directed to individuals under the age of 18 but does not contain information which would be potentially harmful to minors in any way. In the event that we discover that a child under the age of 18 has provided personal identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information.
To the maximum extent permitted by law, these Terms are governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Pennsylvania in all disputes arising out of or relating to the use of the Site, without regard to conflict of laws rules or forum non conviens. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Healthy Food Now with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Healthy Food Now with respect to the Site.
All content of the Site aside from content posted by users are registered: ©  Healthy Food Now. All rights are reserved. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Site without our written consent. You may not remove any copyright, trademark or other notices or disclaimers contained in the content. Any rights not expressly granted herein are reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
If you believe in good faith that any material posted on our Site infringes your copyright for your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. §512(c)(3). Our Copyright Agent will inform you of the information required to make an infringement claim. If you fail to comply with all of such requirements, your notice may not be valid. To submit a complaint, please contact our designated DMCA Copyright Agent: Copyright AgentHealthy Food Now, LLC e-mail: email@example.com.
If you believe in good faith that any material posted on the Site infringes any of your rights other than in copyright, or is otherwise unlawful, please send a notice to our Copyright Agent.