TERMS AND CONDITIONS
This Agreement applies to all Site visitors and users of the Site or Healthy Me Services. If you don’t agree with any term or condition in this Agreement, please don’t use the Site or any Healthy Me Service. If you have any questions, please contact us prior to any site use or purchase.
The following terms shall have the meanings set forth below. Capitalized terms used and not otherwise defined in this Service Agreement shall have the meaning assigned to them herein and any other definition is expressly disclaimed. All other terms in this agreement are subject to their plain and ordinary definition as used in the English language. The English language version of this Service Agreement is legally binding in case of any inconsistencies between the English version and any translations.
“HEALTHY ME”: Healthy Me, LLC, an Alabama Limited Liability Corporation.
“HEALTHY ME SITE”: The website located at http://www.healthymemeals.com or other designated HEALTHY ME location where You can access and reference Your account information or other websites or locations as may be designated by HEALTHY ME.
HEALTHY ME Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify HEALTHY ME of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each site session. HEALTHY ME will not be liable for any loss or damage arising from your failure to comply with this Section.
Account Transfer Prohibited: You may not transfer or sell your HEALTHY ME ACCOUNT or username to any other party. You are fully responsible for all activity of your HEALTHY ME account and username.
You may access and view the HEALTHY ME SITE content and make single copies or prints of the HEALTHY ME SITE content at your own sole risk, only for your personal, non-commercial, and internal use.
Trademarks: The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the HEALTHY ME SITE are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us, if any, are the property of their respective owners. Nothing contained on the HEALTHY ME SITE grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed HEALTHY ME SITE without our written permission or that of the third-party rights holder.
Linking to the HEALTHY ME SITE: You agree that any time you link to the HEALTHY ME SITE from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the HEALTHY ME SITE, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the HEALTHY ME SITE or any HEALTHY ME SITE page is “framed,” surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the HEALTHY ME SITE be discontinued and that the link open in a new browser window. We may revoke your right to link to the HEALTHY ME SITE from any other site at any time upon written notice to you.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each HEALTHY ME product or service by credit card, debit card, or by any other payment means acceptable to HEALTHY ME as each payment, if any, is due. You agree to pay all applicable taxes, if any. If HEALTHY ME does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Warranty Disclaimer: HEALTHY ME AND HEALTHY ME’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SWOUL SITE AND SWOUL SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SWOUL AND SWOUL’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM HEALTHY ME TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE HEALTHY ME SITE AND THE HEALTHY ME SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT HEALTHY ME HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL HEALTHY ME AND HEALTHY ME’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE HEALTHY ME SITE OR HEALTHY ME SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF HEALTHY ME AND HEALTHY ME’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO HEALTHY ME IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD HEALTHY ME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. SWOUL RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH HEALTHY ME’S DEFENSE OF SUCH CLAIM.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HEALTHY ME HAVE AGAINST EACH OTHER ARE RESOLVED.
You and HEALTHY ME 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 Agreement, your use of or access to the Services, or any products purchased through HEALTHY ME will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law: You agree that this agreement with HEALTHY ME shall be interpreted pursuant to the laws of the State of Alabama. Any and all disputes arising out of this agreement and/or the products and services provided to You by, or on behalf of, HEALTHY ME shall be resolved in accordance with the laws of the State of Alabama, without giving effect to principles of conflicts of law.
Forum Selection: Any lawsuit against HEALTHY ME must be filed in the State of Alabama with venue being in Shelby County, Alabama. Independent Contractor acknowledges that the choice of law, jurisdiction, and venue are a material portion of this Agreement with HEALTHY ME, and that consideration has been given by HEALTHY ME as part of the inducement to execute this agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and HEALTHY ME’s failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.