The following terms and conditions govern all uses of Healing Gourmet and Delicious Solutions and all content, services and products available at or through the Web sites and related offerings (collectively referred to here as the “Site”). The Site is owned and operated by Health-e Enterprises, LLC and is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site (collectively referred to here as the “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms.
- 1. Age and Eligibility: In order to use the Site you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Site. Accordingly, if you are a Minor, please do not attempt to register for the Site or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at info AT healinggourmet.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete.
- 2. Agency: You represent that you are using the Site for its intended purpose. If you are registering or using the Site on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
- 4. Precautions: Content found on the Site is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Health-e Enterprises, LLC requires that you consult with your physician before following any training instructions you receive through the Site or participating in any event announced on the Site, including but not limited to any specific diet (ie- low carb diet, gluten free diet, high protein diet, etc.). Not all exercises or activities described on the Site are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. By using the Site, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Site.
We are not responsible for any health problems that may result from programs, products, or events you learn about through the Site. If you engage in any exercise program you receive through the Site you agree that you do so at your own risk and are voluntarily participating in these activities.
- 5. Contributions. If you comment, post material, post links or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), you are entirely responsible for the content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video, file, computer software or material in another format. By making Content available, you represent and warrant that:
- (a.) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- (b.) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- (c.) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- (d.)the Content does not contain or install any viruses, worms, malware, Trojan horses or anything else that is harmful or destructive;
- (e.)the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- (f.) the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, does not link to profane content, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, Health-e Enterprises, LLC has the right (though not the obligation) to, in Health-e Enterprises, LLC sole discretion (i) refuse or remove any content that, in Health-e Enterprises, LLC reasonable opinion, violates any The Health-e Enterprises, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Health-e Enterprises, LLC sole discretion.
- 7. Responsibility of Site Visitors. Health-e Enterprises, LLC has not reviewed, and cannot review, all of the material posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Health-e Enterprises, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Health-e Enterprises, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
- 8. Registration and Password: You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Health-e Enterprises, LLC the right to use your information in connection with the operation of the Site. Health-e Enterprises, LLC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.
You represent that the information that you provide about yourself as requested in the Health-e Enterprises, LLC account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Health-e Enterprises, LLC with your current email address, so that you may receive notifications and other account-related communications.
- 9. Content Posted on Other Sites. Health-e Enterprises, LLC has not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which the Site links, and that link to the Site. Health-e Enterprises, LLC does not have any control over other web sites and web pages, and is not responsible for their contents or their use. By linking to a web site or web page, Health-e Enterprises, LLC does not represent or imply that it endorses such web site or web page. Health-e Enterprises, LLC disclaims any responsibility for any harm resulting from your use of such web sites and web pages.
- 10. Ownership of the Site: Except for the User Generated Content, the Site and all aspects thereof, including all content and applications available via the Site, and all copyrights, trademarks, and other intellectual property rights therein, is owned by Health-e Enterprises, LLC or its licensors. You acknowledge that the Site and any underlying technology used in connection with the Site contain Health-e Enterprises, LLC intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Site, including any applications available via the Site, except as necessary to view the content on the Site or use an application available via the Site and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Site not expressly granted by Health-e Enterprises, LLC to you are retained by Health-e Enterprises, LLC and its licensors.
- 11. Email Rules: Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.
- 12. Community Pages: There are several areas on the Site on which users may post information, including Forums, Recipes, Menus (collectively, “Community Pages”). Any information posted to the Community Pages can be viewed by anyone who visits the Site (whether or not such visitors are registered users). Health-e Enterprises, LLC does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of Health-e Enterprises, LLC. Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.
In using our Community Pages you agree to follow our Community Guidelines which includes the following provisions:
- Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassment.
- Do not post advertise or promote products commercially.
Health-e Enterprises, LLC has the right to remove a post on the Community Pages if it does not meet these standards or for any other reason Health-e Enterprises, LLC deems appropriate.
- 13. Removal and Disclosure: We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions on the Community Pages at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of the Site, and any Material and Submissions transmitted by you via or in connection with the Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of the Site. Indirect or attempted violations of this notice or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of this agreement by you.
- 14. User Disputes: Your communications, dealings or meetings with any other users on the Site, including communications, dealings or meetings initiated through the Site, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. Health-e Enterprises, LLC reserves the right, but has no obligation, to monitor disputes between you and any other users on the Site. Health-e Enterprises, LLC is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users, including with respect to any event organized or attended by such users or any other services offered by such users.
- 15. Subscription Services: Some features of or services provided through the Site require a fee-based subscription (all fee-based subscriptions are referred to as “Subscription Services”). If you elect to purchase Subscription Services you understand that your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. Subscription Services may change, without prior notice. From time to time we may offer certain special promotions or offers (such as free premiums with purchase, or product discounts, etc) associated with our products (“special premiums”). Any and all promotions and/or offers, including those for special premiums may be discontinued at anytime, without prior notice at our discretion and are only available for the duration noted.
- 16. Canceling Subscription Services: You may terminate Subscription Services at any time by contacting our Customer Support at info AT healinggourmet.com. Upon any termination or cancellation of your Subscription Services, we will immediately deactivate your subscription service related features. However any content provided during the term of service will be considered User Generated Content and be maintained as above.
- 17. Payment: Prices for all Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise and are in the form of US Dollars. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth on the Site. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Health-e Enterprises, LLC for any reason, Health-e Enterprises, LLC reserves the right to either suspend or terminate your access to the unpaid-for Subscription Services.
- 18. Refunds: By using the Site, you accept responsibility for reading the refund policy that accompanies every product including Subscription Services, eBooks and any other product or service offered by Health-e Enterprises, LLC now or in the future.
- 19. Renewal Program. Health-e Enterprises, LLC Subscription Services (including Delicious Solutions) are automatically renewable and available through a third party provider, Clickbank. By using the Site, you accept responsibility for reading and agree to the renewal terms set forth for our products and services. Clickbank will charge your credit card at the then-current renewal rate using the credit card information we have on file for your account. Please contact the Health-e Enterprises, LLC Customer Support Department at info AT healinggourmet.com to cancel your automatic renewal, cancel your subscription, or change your payment method.
- 20. Copyright Infringement. As Health-e Enterprises, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Health-e Enterprises, LLC in accordance with the Digital Millennium Copyright Act. Health-e Enterprises, LLC will respond to all such notices, as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Health-e Enterprises, LLC or others, Health-e Enterprises, LLC may, in its discretion, terminate or deny access to and use of the Site.
- 21. Intellectual Property. This Agreement does not transfer from Health-e Enterprises, LLC to you any intellectual property of Health-e Enterprises, LLC or a third party, and all right, title and interest in and to such property will remain (as between the parties) solely with Health-e Enterprises, LLC . All trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Health-e Enterprises, LLC or Health-e Enterprises, LLC ’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Health-e Enterprises, LLC or third-party trademarks.
- 22. Changes. Health-e Enterprises, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Health-e Enterprises, LLC may also, in the future, offer new services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- 23. Termination. Health-e Enterprises, LLC may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site.
- 24. Disclaimer of Warranties. The Site is provided “as is.” Health-e Enterprises, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Health-e Enterprises, LLC nor its suppliers and licensors make any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
- 25. Limitation of Liability. In no event will Health-e Enterprises, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Health-e Enterprises, LLC under this agreement during the twelve (12) month period prior to the cause of action. Health-e Enterprises, LLC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- 26. General Representation and Warranty. You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
- 27. Indemnification. You agree to indemnify and hold harmless Health-e Enterprises, LLC , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.
- 28. Severability: If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
- 29. Miscellaneous. This Agreement constitutes the entire agreement between Health-e Enterprises, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Health-e Enterprises, LLC, or by the posting by Health-e Enterprises, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Wyoming, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cheyenne, Wyoming. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Health-e Enterprises, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- 30. Digital Millennium Copyright Act Notice: If you believe that content available by means of the Site (as defined in our Terms of Service above) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If Health-e Enterprises, LLC takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Site infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices need to be sent to info AT healinggourmet.com as plain text emails without attachments and include the following or they will be deemed invalid:
- An electronic signature of the copyright owner or a person authorized to act on their behalf
- An identification of the copyright claimed to have been infringed
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Health-e Enterprises, LLC to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a contributor of Content and access to portions of your Content have been disabled for this reason, we will notify you. You then have the option to send us a counter-notice stating why your Content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to info AT healinggourmet.com as plain text emails without attachments and include the following or they will be deemed invalid:
- Your name, address, phone number and physical or electronic signature;
- Identification of the allegedly infringing content and its location before disabling access; and
- A statement under penalty of perjury explaining why the content was removed by mistake or misidentification.