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TERMS & CONDITIONS OF USE

Comments Off on TERMS & CONDITIONS OF USE | September 10, 2012

TERMS & CONDITIONS OF USE

Welcome to the Healthy Eating for Families website (“Website”).  Healthy Eating For Families, Inc. (“HEFF”) makes the Website available for your use subject to the terms and conditions of use set forth below (“Terms”), as may be amended from time to time by HEFF.  Your continued usage of the Website will mean you accept those changes.

INTRODUCTION

Please read the Terms carefully.  BY ACCESSING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, BROWSING, EVALUATING, DOWNLOADING, PURCHASING OR USING ANY OF THE WEBSITE MATERIALS, PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS, HEFF’S PRIVACY POLICY (INCORPORATED HEREIN BY REFERENCE) AND ANY APPLICABLE LOCAL LAWS.  You waive any and all defenses you may have based on the electronic form of the Terms and the lack of signature by the parties. If you do not agree to the Terms, do not use the Website.

 

This site does not provide medical advice.  The contents of the Website, such as text, graphics, interactive tools, images and other material contained on the site are for informational purposes only; it is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of a registered dietitian, your physician or other qualified health provider regarding a medical condition.  If you think you may have a medical emergency, call your doctor or 911 immediately.

HEFF does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the site.  Reliance on any information provided on the website, including information posted by other visitors to the site, is solely at your own risk.

INTELLECTUAL PROPERTY

The Website is for informational and entertainment purposes only.  You may print material from the Website for personal, non-commercial or informational use only, provided all copyright, trademark and other proprietary notices are left intact.  Any reproduction, modification, copying, distribution or republication of the Website, software, design, text, images, music files, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and “look and feel” and arrangement of items (collectively, “Content”), for any purpose without the express written consent of HEFF (or its owner if HEFF is not the owner) is prohibited.

All Content is the property of HEFF, its affiliates, licensors, clients, advertisers, sponsors, or suppliers and is legally protected, without limitation, under the United States federal and state laws, as well as applicable foreign laws, regulations and treaties.  HEFF may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

All rights in the company names, trade names, logos and designs of HEFF or third-party products or services, whether or not appearing with or without the trademark symbol, belong exclusively to HEFF or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws.  Nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of HEFF or any third party.  Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Website in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software is prohibited.

COPYRIGHT & TRADEMARK NOTICE

The Website is the copyright of HEFF, all rights reserved.  Any unauthorized use of the HEFF mark is strictly prohibited.  HEFF has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website and may be reached at: Healthy Eating For Families LLC, Attn: General Counsel, jodie@healthyeatingforfamilies.com, 312-305-6503 (tel).  If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide a written communication to the Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number and e-mail address; (v) 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 (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

LINKS

The Website may contain links to third party websites (“Linked Sites”), over which HEFF has no control or responsibility for their content.  HEFF provides the Links only as a convenience but their inclusion is not an endorsement or sponsorship by HEFF in favor of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.  You acknowledge and agree that HEFF has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  HEFF disclaims any liability for links (1) from another web site to this Website and (2) to another web site from this Website.  HEFF cannot guarantee the standards of any website to which links are provided on this Website nor shall we be held responsible for the contents of such sites, or any subsequent links. HEFF does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws.  Also, HEFF is not responsible for or any form of transmission received from any linked web site.  Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Other websites may link without prior permission to the HEFF’s homepage only through a plain-text link.  Permission for any other type of link to the Website must be sought in advance by writing to: Healthy Eating For Families LLC, Attn: General Counsel, jmfoods50@gmail.com.  Any third party website that links to the Website (i) shall not create a frame, browse or border environment around any of the content of the Website; (ii) may link to, but not replicate, Website content; (iii) shall not state directly or imply that HEFF is endorsing or sponsoring it or its products or services; (iv) shall not present false information about HEFF or its products or services; (v) shall not use HEFF trademarks or service marks without the prior written permission of HEFF; (vi) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (vii) shall not otherwise violate any copyright interest of HEFF or any affiliated party whose information and/or material are available on the Website.

USER CONDUCT

HEFF will not endorse or guarantee the accuracy of any posting regardless of the source and will not be responsible for any material posted in forums or other public-posting areas (“Public Areas”).  HEFF shall have the right (but not the obligation) to periodically monitor the Website content to determine compliance with the Terms and to satisfy any law, regulation or authorized government request.  HEFF shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Website.

HEFF reserves the right to delete or edit any content and refuse access to anyone who it believes (in its sole and absolute discretion) has violated the Terms.  You agree that the following non-exhaustive list includes, but does not limit, what constitutes a material breach of the Terms.

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is libelous, unlawful, illegal, indecent, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HEFF in its sole discretion;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating or misrepresenting your connection to any other entity or person or otherwise manipulating identifiers to disguise the origin of the content;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting or using information about others, including email addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or “spamming”; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of the Academy, exposes the Academy or any of its customers or suppliers to any liability or detriment of any type.

 

PROMOTIONS

The Website may, from time to time, contain sweepstakes or other contests and promotions that require you to send material or information about yourself.  Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements.  It is your responsibility to read such rules to determine whether your participation, registration or entry are valid and you agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Website.

LIMITATION OF LIABILITY

You agree that use of the Website is provided “as is” and “as available” and that you visit the Website at your sole risk.  HEFF, its members, agents, past and present employees, affiliates, representatives, assigns and successors neither warrant that the Website will be uninterrupted or error free nor that the Website will be free of viruses or other harmful components.  You are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from or otherwise provided through the Website.  HEFF disclaims any warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose for any information, product or service offered on the Website.

HEFF is not liable for any injury arising from the use of the Website, including, without limitation, liability for consequential, special, incidental, indirect or similar damages, even if it advised in advance of the possibility of such damages.  HEFF is not liable for the defamatory, offensive or illegal conduct of other users or third parties and you agree that the risk of injury from the foregoing rests solely with you.  You agree that HEFF’s liability arising out of any legal claim in any way connected to the Website shall not exceed the amount you paid to HEFF for the use of the Website.

If merchandise or services offered for sale via the Website are listed at an incorrect price or contain other incorrect information, HEFF shall have the absolute right to refuse or cancel any order placed for such merchandise or services and is released from liability for the same.

INDEMNIFICATION

You agree, at all times, to defend, indemnify and hold harmless HEFF, its members, agents, past and present employees, affiliates, representatives, assigns and successors from and against any and all claims, losses, actions, liabilities, damages, injuries, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of, directly or indirectly, any use you make of the Website or your use of Content and any violation by you of the Terms.  You agree not to take any action that interferes with the proper working of the Website, compromises the security of the Website, renders the Website inaccessible to others or otherwise causes damage to the Website or any Content.

GOVERNING LAW

This Website originates from and is maintained in the State of Illinois, United States of America.  This Agreement has been made in and shall be construed in accordance with the laws of the State of Illinois.  You consent to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois in all disputes arising out of or relating to the Terms or use of this Website without regard to conflict of laws or choice of law principles.  Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations.  HEFF makes no representations regarding the legality of access to or use of the Website or the Content from other countries.  Access in countries where the Content is illegal is prohibited.  Users who access the Website from outside the United States do so at their own risk and are responsible for compliance with any local laws.

FORCE MAJEURE

HEFF shall have no liability by reason of any delay or failure to perform any obligation if the delay or failure to perform is caused by force majeure, including, but not limited to, act of God, extreme weather, fire, casualty, work stoppage, power outage, civil disturbance, riot, war, act of Government, act of public enemy or other cause of nature beyond its control.

SEVERABILITY

If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement that shall remain in full force and affect.

ENTIRE AGREEMENT

The Terms, HEFF’s Privacy Policy, and any other Website-related rules established by HEFF constitute the sole and entire agreement between the parties concerning the subject matter set forth above and supersede all previous written or verbal discussions or agreements between the parties with respect to the same.

Thank you for visiting the Healthy Eating for Families website.