These Terms of Service (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the Healthy's A Lifestyle LLC site, healthysalifestyle.com and/or the healthysalifestyle.com Services (described below).
Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Users").
For purposes of these Terms, the "Site" shall mean www.healthysalifestyle.com and any other healthysalifestyle.com branded websites, web pages, mobile applications and mobile websites operated by Healthy’s A Lifestyle, LLC ("healthysalifestyle.com" or "we") in the United States, and the "Services" shall mean any of the various services that healthysalifestyle.com provides through the Site or any other channels, including over the telephone. “Users” shall refer to anyone with a registered account registered on the site, including but not limited to, personal trainers, chefs, and those seeking personal training and chef services. The terms "Site" and "Services" also include healthysalifestyle.com's mobile application and the services offered through that application to the extent explicitly described herein. In addition, these Terms do not apply to third party entities that may use the healthysalifestyle.com Site or Services. Such entities' use of the healthysalifestyle.com Site and Services are subject to separate terms that they agreed when they registered with healthysalifestyle.com.
1.1 About Our Services
Healthysalifestyle.com offers various Services to help its users find information about and communicate with users to help them improve their diet and physical fitness. The Services we offer include, among others, personal training and cooking lessons. We offer the ability to create profiles highlighting specialties and certifications but do not verify the accuracy of any such declarations. We facilitate payment for the services listed above via credit card and collect a fee. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and maintain quality chefs and trainers. However, we do not employ any Service Providers. Users are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).
Further, we do not have control over the quality, timing, or legality of the services actually delivered, nor of the integrity, responsibility or actions of any users. We do not refer or recommend users nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided or the integrity, responsibility or actions of users whether in public, private or offline interactions.
The site content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. Healthysalifestyle.com does not assume any responsibility for the accuracy or reliability of any information provided by users on or off this Site.
Healthysalifestyle.com is not responsible for the conduct, whether online or offline, of any user of the Site or Services. Moreover, healthysalifestyle.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, hereby expressly agree not to hold healthysalifestyle.com (or healthysalifestyle.com's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in healthysalifestyle.com through their employer's benefits program, hereinafter "Affiliates") liable for the actions or inactions of any Service Provider Seeker, Service Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, healthysalifestyle.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3. User Responsibilities
Any screening of a user and his, her or its information by healthysalifestyle.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability. Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Service Provider for themselves.
We make no attempt to confirm, and do not confirm, any user’s purported identity or background. You are responsible for (a) providing true, accurate, current and complete information about yourself as prompted by the Service’s registration form; and (b) maintaining and promptly updating any and all such information so it remains true, accurate, and complete at all times. It is the user’s sole responsibility to determine the identity and suitability of others who you may contact by means of the Services. We do not endorse any persons who use or register for our Services. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information that any user submits through the Services. Healthysalifestyle.com does not guarantee the accuracy, completeness, or usefulness of any information on healthysalifestyle.com and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will healthysalifestyle.com be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on healthysalifestyle.com that originate from Third Party Services. We encourage all Users and Third Party Service providers to communicate with each other directly using the tools available on the Site and to review the profile pages of Users, including but not limited to Personal Trainers, Chefs, and Third Party Service providers for feedback from other users.
1.4 Neutral Venue
Our Site is an online venue through which users find and learn about each other and, if they wish, arrange for obtaining and providing diet and fitness services. You acknowledge that healthysalifestyle.com does not provide such services. Healthysalifestyle.com’s Services may be used by you to request and schedule diet and fitness services with other users, but you agree that healthysalifestyle.com has no responsibility or liability to you related to any diet and fitness services provided to you by other users through the use of the Services other than as expressly set forth in these Terms. Healthysalifestyle.com is not involved in the actual face-to-face contact between users. We have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site or provide through the Services. We may provide suggested or optional default terms for transactions between Users. To the extent we do, and you or another user utilizes or agrees to such terms, this does not make us a party to any transaction between a User and Personal Trainer or Chef, or between other users of the Site. Any suggested or default terms we provide are for users’ convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding the Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.
1.5 Compliance with Laws
You agree to comply with all applicable federal, state and local laws and regulations when using the Services, and when providing or receiving any diet and/or fitness services booked through the Site. If you are a Service Provider, including but not limited to personal trainers and chefs, you represent and warrant that you are legally in the jurisdiction of the United States and legally able to work in the United States. You may only use the Services for lawful purposes.
As a Diet/Fitness Service provider, you may be subject to specific laws and regulations in connection with your provision of diet/fitness services, including laws and regulations that require you to obtain a permit, license or bond before providing such services (“Legal Requirements”). You agree that you are solely responsible for determining what Legal Requirements apply to you, and for complying with all applicable Legal Requirements. Healthysalifestyle.com does not determine whether a Diet/Fitness Service Provider is subject to, or in compliance with, any Legal Requirements. As User, you agree that healthysalifestyle.com is not responsible for making such determinations, and that a Diet/Fitness Service Provider may not be in compliance with Legal Requirements. You are encouraged to inquire directly with any Diet/Fitness Service Provider.
You agree that it is your responsibility to determine any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any request for, or performance of diet/fitness services, or your use of the Services ("Taxes") and to collect, withhold, report, and remit correct taxes to the appropriate tax authority, and to otherwise be responsible for the collection and payment of any and all Taxes. You further agree that healthysalifestyle.com and its affiliates are not obligated to determine whether taxes apply to you or any services you provide and are not responsible for collecting, reporting or remitting any taxes that may be applicable to you. Healthysalifestyle.com does not provide an employment service and does not serve as an employer of any Personal Trainer or Chef. As such, healthysalifestyle.com will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with a Personal Trainer or Chef’s use of the Services or provision of diet/fitness services.
1.8 Your Experience with Other Users
You are solely responsible for your interactions with other users of our Services. Though, in extenuating circumstance, Users may receive limited reimbursements and refunds, we will not be responsible for any damage, expenses, liabilities or harm resulting from your use of the Services, including interactions with other users of our Services. Healthysalifestyle.com encourages all Users, Personal Trainers, and Chefs to communicate with each other using the communication methods provided via the Site. Using these communications methods may allow Healthy’s A Lifestyle to investigate facts and circumstances related to sessions scheduled offline and assist Healthy’s A Lifestyle in resolving an issue in the unlikely event that an issue arises. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
Healthysalifestyle.com advises all Personal Trainers and Chefs to investigate the laws in their jurisdiction concerning requirements for insurance, to obtain insurance covering the services that they provide, and to become familiar with the coverage provided by, and exclusions from, such insurance. Healthysalifestyle.com does not verify whether Personal Trainers and Chefs have obtained insurance, and Users are advised to inquire directly with Personal Trainers and Chefs about this subject.
You acknowledge and agree that all rights and benefits granted to you under this Section 1.8 shall immediately terminate in the event you initiate any action, suit or claim against healthysalifestyle.com, its officers, directors, employees, contractors, agents affiliates or third party providers.
2. Eligibility to Use the Site and Services; Representations and Warranties
To be eligible to use our Services, you must meet the following criteria:
§ Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
§ The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States.
§ If you are registering to be a Trainer or Chef, you must be permitted to legally work within the United States.
§ Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
§ You must not be a competitor of healthysalifestyle.com or using our Services for reasons that are in competition with healthysalifestyle.com.
2.2. Representations and Warranties
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
3. Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content," defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through healthysalifestyle.com's Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
§ You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
§ You will register your account in your own legal name.
§ You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from healthysalifestyle.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to healthysalifestyle.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
§ You understand and agree that healthysalifestyle.com may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of healthysalifestyle.com violates these Terms or which healthysalifestyle.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
§ You have the right, and hereby grant, to healthysalifestyle.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by healthysalifestyle.com will not infringe or violate the rights of any third party.
§ Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
§ Healthysalifestyle.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by healthysalifestyle.com, are those of their respective authors. Such authors are solely responsible for such content. Healthysalifestyle.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will healthysalifestyle.com or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
You agree that healthysalifestyle.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always request removal of a review they have written.
To the maximum extent permitted by law, healthysalifestyle.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users do hereby represent, understand and agree to hold healthysalifestyle.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
3.2. Exclusive Use
You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of healthysalifestyle.com, you agree that you will not under any circumstances:
§ use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
§ use the Site or Services for any unlawful purpose, for any purpose not expressly intended by healthysalifestyle.com or for the promotion of illegal activities;
§ attempt to, or harass, abuse or harm another person or group;
§ use another user's healthysalifestyle.com account;
§ provide false or inaccurate information when registering an account on healthysalifestyle.com, using the Services or communicating with other Users;
§ attempt to re-register with healthysalifestyle.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
§ interfere or attempt to interfere with the proper functioning of healthysalifestyle.com's Services;
§ make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
§ bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
§ use the communication systems provided by or contacts made on healthysalifestyle.com for any commercial solicitation purposes;
§ publish or link to malicious content intended to damage or disrupt another user's browser or computer;
§ use the Site or Services to recruit, or solicit users for employment, or contact users to conduct business on behalf of a third party;
§ use the site for competitive purposes, such as to ascertain the features or technical infrastructure of the Site;
§ use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
§ or use the Site to find Trainers, Chefs, or Members and then complete a transaction offline in order to circumvent your obligation to pay for the Service.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion.
Should healthysalifestyle.com find that you violated the terms of this Section or any terms stated herein, healthysalifestyle.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that healthysalifestyle.com may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, user information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights healthysalifestyle.com may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, healthysalifestyle.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
3.4 Disputes with Other Users
You are solely responsible for your interactions with other healthysalifestyle.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users, regardless of whether healthysalifestyle.com collected any money on behalf of a Service Provider or a Third Party Service provider.
3.5 Listing Prices
If you (as a Personal Trainer, Chef, or Third Party Service provider) publish a price for services that is accepted by you and a User, you acknowledge and agree that the price you specify will constitute an essential part of a binding agreement between you and the User. You further agree not to alter the price once accepted.
3.6.1 By Personal Trainers, Chefs, and any other Service Providers
One cancellation in a six-month period with seven days notice is permitted. Any cancellation made with less than seven days notice will result in automatic account suspension. Any additional cancellations will result in a $50 fee.
Healthysalifestyle.com may effect or waive such fees or suspensions in its sole discretion. Any fee or suspension may be appealed in writing to customer support. Healthysalifestyle.com may accept or reject such appeal in it sole discretion.
3.6.2 By Users
If a User cancels a scheduled session, healthysalifestyle.com will return the funds to the User in accordance with its cancellation policy (if any). Healthysalifestyle.com, however, is under no obligation to intervene in any dispute between users regarding any cancellations and/or refunds outside the scope of healthysalifestyle.com’s cancellation policy (if any), regardless of whether healthysalifestyle.com collected any money on behalf of a Diet/Fitness Service Provider or Third Party Service provider.
4. Termination of Registration
Should healthysalifestyle.com determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to use on a "mirrored," competitive, or third party site, healthysalifestyle.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the healthysalifestyle.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in healthysalifestyle.com, with or without notice.
In any event, healthysalifestyle.com also reserves the right, in its sole discretion, to terminate your access to all or part of the healthysalifestyle.com Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in healthysalifestyle.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Following any termination of any individual's use of the Site or the Services, healthysalifestyle.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
We have no obligation to post any content from any user. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
7.1 Fee Structure. In exchange for making personal trainer and chef lessons and services available through healthysalifestyle.com, we keep a small portion of the fee rendered for these services. In some cases, we may also charge Users a service charge for use of the Services, calculated as a percentage of the price of the service (the “Service Charges”). Any Service Charges will be disclosed prior to booking.
Users: you agree to pay the amount posted by the Personal Trainer or Chef with whom you have chosen to perform a transaction, and any applicable Service Charges.
Personal Trainers and Chefs: Creating a profile is free, but you agree to pay healthysalifestyle.com its then-current Platform Fees for any service you provide through use of the Services or booked through the Site.
Some optional services or functionality may incur additional fees.
7.2 Payment Logistics
Users may contact personal trainers and chefs directly if you believe they will suit your fitness needs. Additionally, personal trainers and chefs may contact users to whom they believe they can be of service. In order to contact anyone on the site, an account must be created. Prior to requesting an appointment, payment information and the billing address of both users must be provided. Upon completion of the session in full compliance with the Policies, we, or our third party payment processors will remit the money to the Personal Trainer or Chef or Third Party Service provider (if applicable), less the Platform Fees and any applicable Service Charges. When any user purchases any service or product through the Site, you authorize healthysalifestyle.com or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in US dollars, including all applicable taxes, and you agree that healthysalifestyle.com can store your credit card information. If healthysalifestyle.com or the Trainer or Chef or a Third Party Service provider (if applicable) does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and healthysalifestyle.com may suspend your access to the Services. All sales are final and healthysalifestyle.com will not issue refunds, except for as provided in its cancellation policy (see below). Healthysalifestyle.com is not responsible for any actions or the performance of the third party payment processors.
7.3 Policy and Plan Suspensions
We may suspend or terminate our refund and/or Cancellation policies without notice if we suspect abuse or interference with the proper working of such policies or plans.
Some Personal Trainers or Chefs and Third Party Service providers may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability with respect to, whether the Personal Trainer or Chef or Third Party Service provider does in fact make the donation they pledged to make.
7.6 Tax Reporting
While healthysalifestyle.com is not a party to the transaction between a User and Personal Trainer or Chef, healthysalifestyle.com may be required by IRS regulations to issue 1099 forms or other reports. All users agree to provide healthysalifestyle.com with all necessary tax information in order for healthysalifestyle.com to make such reports and compile the necessary forms.
8. Release of Liability for Conduct and Disputes
We are not an employer of Service Providers including but not limited to personal trainers and chefs. Users may seek the services of a Service Provider through the use of the Site or Services, and Service Providers may post profiles and submit proposals to Users regarding their services. In some instances, we may provide Users a customized list of potential individuals, companies, and/or agencies to consider based on the information the Users provide us regarding their needs and preferences. However, if a User agrees on the provision of services from an individual, company or agency we identify through any of those Services, such agreement is solely between the User and the Service Provider; healthysalifestyle.com is not a party to any such agreement. Any issues concerning the conduct of a User or Service Provider including, without limitation, the services received by the User or payment due to the Service Provider, must be resolved directly by the User and the Service Provider. Healthysalifestyle.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold healthysalifestyle.com harmless for any claim or controversy that may arise from any disputes between you and any User, Service Provider, Personal Trainer, Chef, or other user(s) of the Site. You agree to take reasonable precautions in all interactions with Users, Service Providers or other users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to healthysalifestyle.com immediately by notifying healthysalifestyle.com of the same via electronic correspondence.
9. Age Restrictions
Healthysalifestyle.com is intended for people 18 and over. Healthysalifestyle.com will not knowingly collect any information from individuals under 18. We do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
10. Disclaimers; Limitations; Waivers; Indemnification
10.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by healthysalifestyle.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALTHYSALIFESTYLE.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HEALTHYSALIFESTYLE.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEALTHYSALIFESTYLE.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS THAT MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, HEALTHYSALIFESTYLE.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A SERVICE PROVIDER OR TO EMPLOY THE SERVICES OF A SERVICE PROVIDER.
10.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.
10.3. Limitation of Liability
YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR THIRD PARTY (INCLUDING A PROVIDER OF THIRD-PARTY SERVICES) WHO CAUSED YOU OR ANY THIRD PARTY HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM HEALTHYSALIFESTYLE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDER, PERSONAL TRAINER, CHEF, USER, PROVIDER OF THIRD PARTY SERVICES, OR OTHER THIRD PARTIES ON THE SERVICES; OR (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF THE SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ONLINE OR OFFLINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HEALTHYSALIFESTYLE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
IN NO EVENT WILL HEALTHYSALIFESTYLE.COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, LIQUIDATED DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEALTHYSALIFESTYLE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Healthysalifestyle.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11.1 Agreement to Arbitrate
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Sites, Services, applications, and tools, or any products or services sold or purchased through the Sites, Services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the “Agreement to Arbitrate”). Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
11.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND HEALTHYSALIFESTYLE.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HEALTHYSALIFESTYLE.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HEALTHYSALIFESTYLE.COM USERS.
11.3 Pre-Arbitration Dispute Resolution
Healthysalifestyle.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at email@example.com or at Healthy's A Lifestyle LLC, Attn: Legal Department, 627 Main St. Manchester, CT 06040.
11.4 Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against healthysalifestyle.com, you must complete a short form, submit it to the AAA, and send a copy to healthysalifestyle.com at Healthy's A Lifestyle LLC’s Legal address. For more information, see the AAA's claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in Hartford County, CT or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or healthysalifestyle.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and healthysalifestyle.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or healthysalifestyle.com, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the state of Connecticut, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different healthysalifestyle.com users, but is bound by rulings in prior arbitrations involving the same healthysalifestyle.com user to the extent required by applicable law.
11.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse healthysalifestyle.com for all fees associated with the arbitration paid by healthysalifestyle.com.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than Section 11.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 11.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
11.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against healthysalifestyle.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against healthysalifestyle.com prior to the effective date of removal.
12. Proprietary Rights
12.1 Our Intellectual Property
Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you, and you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. “Healthysalifestyle.com” and “www.healthysalifestyle.com” are trademarks of Healthysalifestyle.com and protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
12.2 Your Use of Our Intellectual Property
You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at firstname.lastname@example.org. You may, however, establish ordinary links to our Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code. We reserve the right, in our sole discretion, to terminate your ability to link to our Site or use our embedded HTML “widgets.”
13. Registration; User Name and Password
You must register by completing a user profile to use certain features of the Service. When registering, you must provide accurate and complete information about yourself, including a verified email address, and promptly update this information if it changes. By creating a profile, you represent and warrant that you are lawfully able to enter into contracts on behalf of yourself or the entity you represent (if applicable). You are responsible for all activities associated with your account. Only one active profile (account) is allowed per person and per household. You will select a username and password as part of the registration process. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
14. Suspension and Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) suspend or terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services. Upon termination we will pay you any fees due to you, less any amounts you owe healthysalifestyle.com.
Any materials, including but not limited to feedback, comments, suggestions, or identifying potential errors and improvements, provided by you in the form of email or other submissions to healthysalifestyle.com (collectively “Feedback”) (excluding material that you post on or transmit through the Services in accordance with these Terms), are non-confidential and you hereby grant to healthysalifestyle.com and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and sub licensable right to use your Feedback for any purpose without compensation or attribution to you.
16. Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Hartford County of Connecticut and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
Healthy’s A Lifestyle
Attention: Copyright Notice
627 Main St. Second Floor
Manchester, CT 06040
17. Governing Law and Jurisdiction
These Terms, and any dispute between you and healthysalifestyle.com, shall be governed by the laws of the state of Connecticut without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and healthysalifestyle.com must be resolved exclusively by a state or federal court located in Connecticut. You and healthysalifestyle.com agree to submit to the personal jurisdiction of the courts located within Connecticut for the purpose of litigating all such claims or disputes.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Any Affiliate is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
19. Contact Information
Please contact us at email@example.com if you have any questions regarding these terms.
Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms.