1. Acceptance of Terms
Health My Lifestyle LLC is a Colorado Limited Liability Company (referred to as “Company,” “us” or “we”), provides the website (https://healthmylifestyle.com) (collectively with all subdomains referred to as the “Site”), as well as our affiliated websites, including but not limited to, https://mealplanner.healthmylifestyle.com/ (collectively the “Affiliated Platforms”) and other products and services and sales through the Site, our Affiliated Platforms and otherwise (collectively referred to as “Offerings”), subject to your compliance with the following Terms of Service (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms. If we decide to modify our Terms, we will post a new version on the Site. Your continued use of this Site and Offerings after any such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE AND DISCONTINUE USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS OR PRIVACY POLICY IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OR OFFERINGS, IF APPLICABLE. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON, OR UPON YOUR CONTINUED USE OF THE SITE AFTER AN AMENDMENT TO THESE TERMS.
2. Offerings by Company and Third Party Offerings
A. Company Offerings. Company may provide a number of Offerings for Users on its Site, through our Affiliated Platforms or otherwise.
No Guarantee. Although Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site or Affiliated Platforms.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site or Affiliated Platforms may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with the Site, Affiliated Platforms or the Offerings. You agree that the Offerings available on this Site and our Affiliated Platforms are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You agree and acknowledge that our Affiliated Platforms have their own Terms of Service and your use of Offerings are explicitly subject to such Terms of Service and Privacy Policies (if there is any conflict between this Terms of Service and the Terms of Service of any of our Affiliated Platform, which you use, visit or interact with, the Terms of Service and Privacy Policy of our respective Affiliated Platform shall apply).
B. Third Party Offerings.
The Site may link to or provide access for you to use or purchase goods or services, which may be performed online, offline or through subscription services, from third parties (“Third Party Offerings”). You acknowledge and agree that: (i) while the Company may have a business arrangement with the providers of the Third Party Offerings (which may involve compensation paid to the Company), and the Site may have certain integration with the sites owned and/or operated by providers of Third Party Offerings, the Third Party Offerings are not “Offerings” as that term is defined in these Terms, (ii) Third Party Offerings are not offered or sold by the Company, and are not subject to any of the warranties, service commitments or other obligations of the Company to you or any User; (iii) the availability of the Third Party Offerings does not represent the Company’s endorsement or affiliation with the provider of such Third Party Offerings; (iv) the Company may begin or end any access to any Third Party Offerings on the Site at any time without prior notice to you; (v) the Company has no obligation to, and does not, monitor the availability or sufficiency of the Third Party Offerings; (vi) the Third Party Offerings may be subject to other terms of use, service agreement(s), and/or privacy policies with the providers of such Third Party Offerings; (vii) the Company may provide data and information you provide to the Company to providers of Third Party Products for purposes of such providers to offer and sell such Third Party Products to you; and (viii) the Company does not control the Third Party Offerings and will have no liability to you or any User, of any kind, in connection with Third Party Offerings. Additionally, we may have items listed on our Site which were recommended, sponsored by, or for which we receive a fee to list, on behalf of a third party.
While the Site may provide integration with the Affiliated Platforms and/or the websites of providers of Third Party Offerings, the Company cannot guarantee that such integration will work as intended. Third Party Offerings may be goods which were manufactured by third party entities, and Company has no responsibility for evaluating the quality or any other aspect of such goods and will have no liability or responsibility to you or any third party therefrom. The Company further makes no representations that the Affiliated Platforms or any Third Party Offerings will offer all ingredients necessary for a recipe, or that Offering or Third Party Offering will meet any of your health objectives.
3. Payment
Fees. If you choose to purchase one or more of the Offerings provided on our Site or our Affiliated Platforms, you agree to pay all fees associated with the Offerings, pursuant to the amounts and payment terms as listed on the Site or our Affiliated Platforms from time to time.
The Company and the Site, including the Affiliated Platforms, do not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, which are contracted with by the Company and subject to change at the Company’s discretion. The Company currently uses Stripe and accepts PayPal. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of service.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third- party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Refunds. Because the meal plans and other services offered by the Company are digital downloads, we cannot provide refunds for items that have already been paid for. To avoid incurring additional fees, you must cancel your Subscription prior to the next billing date.
Cancellation. Subscriptions can be cancelled at any time by the subscriber, or by contacting [email protected] in which the subscriber expresses their desire to cancel their subscription. All future recurring charges will no longer be charged to the subscriber and the subscriber will no longer have access to the Health My Lifestyle Meal Planner once their subscription expires.
All subscriptions will automatically renew unless the subscriber contacts [email protected] and expresses their desire to cancel their subscription, or cancels the subscription themselves. To cancel or change your Subscription, you may cancel through your Account profile at https://mealplanner.healthmylifestyle.com/account/ under the subscriptions tab.
Third Party Offerings. The Company may charge you a fee for access to certain Third Party Offerings, and alternatively the Company may receive compensation related to your purchase of any Third Party Offering. Notwithstanding the foregoing, any sale of a Third Party Offering will be performed by you and the provider of such Third Party Offering, without the Company’s involvement. Any billing issues, disputes or other matters relating to payment, refund, discounts, or other financial matters for Third Party Offerings shall be solely between you and the provider of the Third Party Offering. Notwithstanding the foregoing, the Company may have a relationship with the provider of the Third Party Offerings, and you shall not be deemed a party to, or a third party beneficiary to, such agreement.
4. Conduct, Posting Policies & Third Party Websites
User-Created or Shared Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts or other information you leave or transmit on or through the Site. By posting information on the Site, or by otherwise using any communications service, message board, forum, newsgroup, direct messages between users, or other interactive services available on the Site, you agree that you will not post on the Site or send comments, messages, links, code, recipes, meal plans, or other information to us in any form (and via any means of communication, currently existing or existing in the future) that:
(i) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
(ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(iv) consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(v) contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
(vi) would be personal health information or individually identifiable health information, as defined in the federal Health Insurance Portability and Accountability Act of 1996 (or any equivalent state law), either of yourself or any third party;
(vii) would constitute the professional practice of medicine, dietetics, or nutrition in any state where the poster of such information, recipient of such information, or the Company, is located in or subject to any applicable federal or state law;
(vii) breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site; impersonates any person or entity, including any of our employees or representatives.
No Endorsement. Company neither endorses nor assumes any liability for any material uploaded, submitted or transmitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms, any applicable laws, regulations or rules, and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. Additionally, the Site allows users to post various information and to choose preferred menus, recipes and other items, and we are not responsible for accuracy, completeness, decency or legality of content posted by any individual user.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
No Professional Services. The Company is in the business of, and makes the Site, and our Affiliated Platforms, available to provide a service to its users consisting of access to menus, recipes and shopping lists. The Company does not hold itself out as, does not purport to, and is not licensed to, practice medicine, dietetics or the practice of nutrition.
While the Site, and our Affiliated Platforms, allow users to choose menus and recipes and allows others to see same, you are responsible for regularly meeting with your healthcare provider and other
Further, the Company’s operation of the Affiliated Platforms and relationship with any provider of a Third Party Offering does not act as a recommendation for any good, service or Third Party Offering. You should consult with your healthcare professional regarding consumption of any item including any Third Party Offering. You agree to hold the Company harmless, defend and indemnify the Company from any damages, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) arising from, out of, or in connection with your advice or ingestion (by you or any third party) of any item including any Third Party Offering, or effects therefrom.
You are not authorized to and should not use the Site, or our Affiliated Platforms, as a means to provide or receive medical, dietetic or nutritional advice, and any such activities should take place using alternative channels of communication which do not involve the Company. If you violate this restriction and choose to provide or receive professional services constituting medical, dietetic or nutritional advice on or through the Site, or our Affiliated Platforms, you agree to hold the Company harmless, defend and indemnify the Company from any damages, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) arising from, out of, or in connection with your advice or ingestion (by you or any third party) of any item of food or other nature, or effects therefrom.
5. Company Intellectual Property
Content. For purposes of these Terms, “content” is defined as any information, communications, published works, photos, video, graphics or other material that can be viewed by users on our Site, excepting “User Content” (hereafter defined).
Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates (except for User Content).
Nothing in these Terms grants you any right to use any service mark, logo and/or the name of Company or its Affiliates.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content (including User Content) from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
No warranty for Compliance with Law, Rule or Regulation. Neither we or our Affiliates warrant or represent that your use of the Site, or creation of User Content, will not violate any applicable law, rule or regulation.
User Testing. You may at times be asked to participate in user surveys or trials, which shall not be mandatory. If you choose to participate in any testing, surveys or trials, you agree that (i) any and all of the items provided to you in any testing, survey or trial are proprietary to us, and you agree not to disclose same to any third party, except as required under applicable law; (ii) these Terms apply to your use of any items tested, or surveys or trials participated in as if same were a part of the Site; and (iii) you grant us a perpetual exclusive license to use any feedback provided by you on the Site or in any manner we see fit. If you do not agree with these Terms and this section you should not participate in any user testing
6. Content You Create & IP Issues
Your Intellectual Property Rights. Subject to our Privacy Policy (located on the Site), any communication, document, information, text, pictures, or any material of any kind in any medium that you transmit to this Site or to us, whether by uploading, emailing, or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). For sake of clarity, User Content includes any and all content which you may have on other sites, or which is in the public record, which you authorize us to use on the Site or in general. While you retain all rights to the User Content, you grant us (including our Affiliates), a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever including commercial purposes, regardless of the form or medium (now existing or in the future) in which it is used.
Your Intellectual Property Rights. Subject to our Privacy Policy (located on the Site), any communication, document, information, text, pictures, or any material of any kind in any medium that you transmit to this Site or to us, whether by uploading, emailing, or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). For sake of clarity, User Content includes any and all content which you may have on other sites, or which is in the public record, which you authorize us to use on the Site or in general. While you retain all rights to the User Content, you grant us (including our Affiliates), a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever including commercial purposes, regardless of the form or medium (now existing or in the future) in which it is used.
Notice may be sent to:
Health My Lifestyle LLC 4601 East Douglas Avenue Suite 150. Wichita, Kansas. 67218 ATTN: Health My Lifestyle
Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
7. Email Services
Email or Messaging Service. We may make email or messaging services available to users of our Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited messages (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied account.
8. Privacy & Security
Login Required. In order to access some of the Offerings on this Site or our Affiliated Platforms, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited
The purchase of Third Party Offerings may require you to create an account with the provider of such Third Party Offerings.
9. Disclaimer
ALL CONTENT AND OFFERINGS ON THIS SITE AND OUR AFFILIATED PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE OR AFFILIATED PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE OR OUR AFFILIATED PLATFORMS FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE AND OUR AFFILIATED PLATFORMS COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE AND OUR AFFILIATED PLATFORMS MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE AND OUR AFFILIATED PLATFORMS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY AND/OR IN CONNECTION WITH THIRD PARTY OFFERINGS (WHETHER OR NOT THE SITE DIRECTED YOU TO OR ALLOWED YOU TO ACCESS SUCH THIRD PARTY, OR WHETHER INFORMATION FROM THE SITE WAS USED IN YOUR PURCHASE OF THIRD PARTY OFFERINGS), OR IN CONNECTION WITH THIS SITE AND OUR AFFILIATED PLATFORMS, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE AND OUR AFFILIATED PLATFORMS FROM A THIRD PARTY, OR REGARDING A THIRD PARTY OFFERING, IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OF ANY KIND OR NATURE REGARDING YOUR PURCHASE OF ITEMS FROM THIRD PARTIES IN CONNECTION WITH THE SITE OR REGARDING PURCHASE OF THIRD PARTY OFFERINGS.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU (INCLUDING ACCESS TO OR INTEGRATION WITH THIRD PARTY OFFERINGS). WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, AFFILIATED PLATFORMS, OFFERINGS, MENUS, NUTRITIONAL INFORMATION, RECIPES OR SHOPPING LISTS ARE ACCURATE OR SUITABLE FOR YOUR INDIVIDUAL GOALS, TASTES, LIFESTYLE, HEALTH CONDITIONS OR PHYSICAL OR MENTAL SITUATION. IT IS YOUR RESPONSIBILITY TO MEET WITH YOUR HEALTHCARE PROVIDER AND OTHER PROFESSIONALS TO CUSTOMIZE YOUR DIETARY GOALS AND NEEDS. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR INACCURACIES REGARDING ANY NUTRITIONAL INFORMATION, AS THE SITE AND OUR AFFILIATED PLATFORMS ARE NOT INTENDED TO PROVIDE NUTRITIONAL INFORMATION AND SAME IS PROVIDED FOR CONVENIENCE AND SHOULD NOT BE RELIED UPON FOR MEDICAL, NUTRITIONAL OR ANY OTHER REASON. YOU NEED TO BE COGNIZANT OF WHAT YOU INGEST AND WE CANNOT AND SHALL NOT BE LIABLE FOR SAME. YOUR MENU SUGGESTIONS AND OTHER ITEMS ON THE SITE, OUR AFFILIATED PLATFORMS, AND OFFERINGS ARE NOT INTENDED TO AND SHOULD NOT TAKE THE PLACE OF INDIVIDUAL MEDICAL OR NUTRITIONAL ADVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND IN NO WAY, GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF OUR SERVICE, SITE AND OUR AFFILIATED PLATFORMS OR OFFERINGS BASED ON YOUR INDIVIDUAL NUTRITIONAL NEEDS, MENTAL OR PHYSICAL STATUS OR HEALTH CARE FACTORS. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE INGESTION (BY YOU OR ANY THIRD PARTY), OF ANY FOOD ITEM OR EFFECTS THEREFROM. WE ALSO EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH ANY DIRECT OR INDIRECT ADVICE, RECOMMENDATION OR DIRECTION YOU MAY MAKE TO ANOTHER USER OF THE SITE, OR INDIVIDUAL WHO MAY ACCESS THE SITE, REGARDING THE INGESTION BY ANY SUCH INDIVIDUAL OR THIRD PARTY OF ANY FOOD ITEM OR EFFECTS THEREFROM.
YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS). THE COMPANY MAKES NO WARRANTY OR REPRESENTATION IN CONNECTION WITH THE AVAILABILITY, SUFFICIENCY, DELIVERY, CONTENT, CHARGES, OR OTHER ASPECTS OF ANY THIRD PARTY OFFERING.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Offerings purchased on the Site during the three (3) month period before the discovery of the act or omission giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES OR ANY PARTY PROVIDING USER CONTENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, OR IN CONNECTION WITH ANY THIRD PARTY OFFERINGS.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT, OR USER CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. ADDITIONALLY WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY OFFERINGS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to indemnify and hold Company harmless from any damages, claims (including without limitation, intellectual property infringement claims), personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable expert and attorneys fees) arising from, out of, or in connection with (i) your (or any third party’s) ingestion of any item of food or other nature, or effects therefrom, (ii) the investigation or prosecution by any governmental or other body with jurisdiction over the receipt of medical, dietetic, or nutritional advice, (iii) your (or any third party’s) ingestion or use of any Third Party Offering, or effects therefrom, (iv) any and all User Content you have provided to us or authorized us to use, or (v) other issues which arise out of, or in connection with, your use of the Site, our Affiliated Platforms, the Offerings, or with respect to our relationship with you in reference to same.
Additionally, you agree to defend, indemnify, and hold us and our Affiliates harmless from all damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) that may arise from your use or misuse of this Site, the Affiliated Platforms, any and all User Content which you provided to us or authorized us to use, or violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You acknowledge and agree that neither we nor any third party which posts information on our Site or Affiliated Platform or which provides information to us which we use on the Site or Affiliated Platform (whether deemed User Content or otherwise), including recipes or otherwise (individually a “Provider” and collectively the “Providers”) shall be liable to you in any way for any losses, damages, or other costs of any kind. You agree to fully assume the risk of use of the Site including use of any information or materials provided by us or a Provider.
IN NO EVENT SHALL PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY (INCLUDING DEATH, ILLNESS OR OTHERWISE), LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE INCLUDING OUR AFFILIATED PLATFORMS AND OTHERWISE.
Additionally, you agree to defend, indemnify, and hold us and our Providers harmless from all damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) that may arise from your use of this Site and our Affiliated Platforms.
If you are a Provider or otherwise make any recommendations (directly or indirectly (including authorizing us to use content or material you have previously published elsewhere), on the Site or Affiliated Platforms or to us or to a User) as to specific recipes, meal plans, dietary needs or otherwise, whether this content is deemed User Content or not, you agree to indemnify and hold Company harmless from any damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) arising from, out of, or in connection with (i) any third party’s ingestion of any item of food or other nature, or effects therefrom, or (ii) the investigation or prosecution by any governmental or other body with jurisdiction over the receipt of medical, dietetic, or nutritional advice, or (iii) otherwise.
11. Private Label Partnerships
The Company has made agreements, and may make future agreements, with third parties who may make the Company’s sites accessible to their users through a site that the third party operates (hereinafter referred to as the “Third Party Site”). Any interactions you may have with the Third Party Site may be governed in its entirety by that party’s Terms of Use or other online agreement. Notwithstanding the foregoing, any interactions between you and us or our Site, or Affiliated Platforms, whether through a private label or otherwise, are subject to these Terms (and any Terms of Use of any of our Affiliated Platforms). With respect to any private label arrangement between us and a third party, the Company and the third party may also engage in Revenue Sharing, which means that your payment for any subscription services on this site may be shared between the third party and the Company. The terms of any private label partnership between us and any of our partners are confidential. You agree to having your PII (defined in the Company’s Privacy Policy) shared with these third parties so that they may email you directly or use same for other business purposes.
12. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination
13. Miscellaneous
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in the State of Kansas, and the statutes and laws of the State of Kansas shall be controlling, without regard to the conflicts of laws principles thereof. Every interaction between you and us, the Site and any of our Affiliates, including these Terms and otherwise, shall be deemed to have occurred in the State of Kansas, regardless of any other state’s conflict of interest rules. You agree and hereby submit to the sole and exclusive personal jurisdiction and venue of the courts in the State of Kansas for any disputes arising from, or in connection with the Site, these terms or the Company.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or to our address Health My Lifestyle LLC, 4601 East Douglas Avenue Suite 150. Wichita, Kansas. 67218 ATTN: Health My Lifestyle, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non- delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Age. You must be at least 18 years old to have our permission to use this Site.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Except for our ability to update or amend these Terms, these Terms may NOT be altered, supplemented, or amended by you or through the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence, except if you also use one of our Affiliated Platforms and such conflict or inconsistency arises in connection with the Terms of Service of such Affiliated Platform(s) and in such case the Terms of Service of the Affiliated Platform shall control the specific issue from which the conflict or inconsistency arises
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non- delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Age. You must be at least 18 years old to have our permission to use this Site.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Except for our ability to update or amend these Terms, these Terms may NOT be altered, supplemented, or amended by you or through the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence, except if you also use one of our Affiliated Platforms and such conflict or inconsistency arises in connection with the Terms of Service of such Affiliated Platform(s) and in such case the Terms of Service of the Affiliated Platform shall control the specific issue from which the conflict or inconsistency arises.
Last updated May 17, 2022
If you have any questions, please contact us at [email protected]
