PLEASE READ these Terms before you use the Site. Your use of the Site signifies that you have read and agree with all of these Terms. These Terms constitute a legally-binding agreement between you and Project Healthy Body (unless applicable law provides otherwise). These Terms do not alter in any way the terms or conditions of any other agreement you might have with Project Healthy Body for services or otherwise.
If you are using the Site on behalf of an entity, you represent and warrant that you have full authority to bind your entity to these Terms and that such entity agrees to be responsible to Project Healthy Body for any violation of these Terms by you. If you do not have such authority, do not use the Site. You acknowledge and agree these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Site), and you acknowledge your receipt of and the sufficiency of the consideration. These Terms apply only to your use of the Site and do not apply to any of our other transactions with you.
We reserve the right to revise these Terms at any time. We will post any revised Terms here and provide a “Last Updated” date at the top of these Terms. In some cases, we might provide you with additional notice (such as by adding a statement to the homepage our Site or by sending an email notice). Your use of the Site following such revision constitutes your acceptance of and agreement to these Terms, as amended, and the revisions will apply to your use of the Site on and after the date on which we post the revised Terms.
We reserve the right to remove any content from the Site; to modify, suspend, or discontinue the Site or any portion of the Site; and/or to deny the access of any user or users to all or any part of the Site.
You may use the Site and the content, information, and materials contained on the Site for your informational and non-commercial purposes only. Users of the Site are expected to respect the rights and dignity of others. Specifically, you agree to not:
- Reproduce, modify, adapt, translate into any other language, creative derivative works based on, reverse engineer (except to the extent this restriction is prohibited by law), decompile, disassemble, rent, lease, loan, sell, offer to sell, otherwise make commercial use of, republish, transmit, display, perform, distribute, or otherwise transfer all or any part of the Site or any content, information, or materials contained on the Site.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to violate the legal rights of others or harvest or collect information about other Site users.
- Use any data mining, robots, or similar data gathering or extraction methods.
- Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, or otherwise mislead as to the origin of any information you submit.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, policies, or regulations of our networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, spyware, or other computer code, file, or application that might be harmful or invasive or might be or is actually intended to damage or overtake the operation of, or to monitor the usage of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site.
- Remove any copyright, trademark, or other intellectual property rights notice from the Site or content, information, or materials contained on the Site.
- Frame or mirror any part of the Site without obtaining our prior written consent.
- Create a database by downloading and saving content from the Site.
- Obtain or attempt to obtain any Site content, material, or information through any means not intentionally made available to you. You may not attempt to defeat any security measures that we take to protect the Site.
- Use any manual or automatic site search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. Operators of search engines are hereby granted a limited permission to use retrieval applications to reproduce materials from the Site for the purpose of and only to the extent necessary for creating publicly available searchable indices of content on the Site and only in connection with each operator’s public online search service. We reserve the right to revoke this permission in whole or in part.
- Otherwise use the Site or content, information, and/or materials contained on the Site other than as expressly permitted in these Terms (unless Project Healthy Body grants you such rights in a separate written and signed agreement).
You acknowledge the unauthorized use of the Site and/or content, information, and/or materials contained on the Site could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief, without the necessity of proving damages or posting a bond or other security.
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site might occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any information on the Site.
Not Evaluated by the FDA
The information contained on this website or provided through our blog, e-mails, programs, services, or products has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice.
We aim to accurately represent the information provided on our website, blog, e-mails, programs, services and products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for the results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), and for all decisions made by you now or in the future.
We present real world experiences, examples, testimonials, photos, and insights about other people’s experiences for purposes of illustration only. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stores represent what is possible with our programs, services, and/or products. Each of these unique stories, and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which we cannot control.
Our Intellectual Property Rights
We and our respective licensors and suppliers exclusively own all rights, titles, and interests in and to the content, information, and materials contained in the Site; the selection, arrangement, and presentation of all such content, information, and materials (including information in the public domain); the overall design, “look and feel,” color combinations, and other graphical elements of the Site; and all copyright, trademark, and other proprietary rights in and to the foregoing.
We grant you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the Site for your informational and non-commercial purposes only, provided that you comply with these Terms. Any use of the Site and/or the content, information, and/or materials contained on the Site other than as specifically authorized in these Terms, without the prior written permission of Project Healthy Body, is strictly prohibited and will result in the immediate and automatic termination of the license granted to you in these Terms. Such unauthorized use might also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication, estoppel, or otherwise.
PROJECT HEALTHY BODY; and the other trademarks and service marks we use on the Site represent only some of the marks we currently own or have the right to use in the United States and/or in other countries. The display of these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we might own and control other trademark rights in one or more countries. Your use of the marks displayed on the Site without our prior written consent is strictly prohibited. You may not use any metatags or any other “hidden text” utilizing the marks listed at the beginning of this paragraph or any other name, trademark, or service mark of Project Healthy Body without Project Healthy Body’s prior written permission. You may not use Project Healthy Body trademarks or logos to link to this Site without Project Healthy Body’s prior written permission.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. Reference to any product, service, or other information by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by or affiliation with Project Healthy Body.
Links; Third-Party Products and Services
For information on how we collect, use, and store information collected through your use of the Site, view our Privacy Statement here. Your use of the Site constitutes your acknowledgment of and agreement to our Privacy Statement, and you acknowledge that you have read and understand our Privacy Statement. The Privacy Statement is incorporated into and made a part of these Terms by this reference.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties might make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to or use of the Site or any other breach of security, contact us at ProjectHealthyBody@gmail.com. Additional information regarding the security of your information is included in our Privacy Statement.
You agree to defend, indemnify and hold harmless Project Healthy Body, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site– including without limitation any actual or threatened suit, demand or claim made against Project Healthy Body and/or its independent contractors, service providers, employees, directors or consultants – which arise out of or relate your violation of these Conditions of Use or your violation of the rights of any third party while using this Site.
Modification to Site; Termination of Site or Your Access
There is no guarantee that we will continue to provide the Site, and we might suspend or discontinue the Site (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Site or to modify the Site at any time, without prior notice to you.
Unless prohibited by law, we might, at any time and for any reason and in addition to all other rights and remedies, terminate and block your access to or use of the Site without prior notice to you. We shall not be liable for any termination of your access to the Site. Accessing the Site after such termination will constitute an act of trespass, among other potential claims.
Your Discontinued Use
You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site by you, even if you are no longer using the Site.
The Site is controlled and operated from the United States, and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The Site might not be appropriate or available for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We might limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Governing Law; Disputes
You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) are governed by and shall be construed in accordance with the laws of the State of Oregon, U.S.A., without regard to its principles of conflicts of law. You consent to the exclusive jurisdiction and venue of the federal and state courts located in Multnomah County, Oregon, and you waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree that any dispute arising between you and us under these Terms (including without limitation relating to your use of the Site) will be filed only in the federal and state courts located in Multnomah County, Oregon, and will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against us arising out of or relating to these Terms or your use of the Site within one (1) year after such claim or cause of action arose, or forever be barred.
Intended Users of the Site
The Site is intended for adults only. By accessing, providing information through, or otherwise using the Site, you affirm (i) that you are at least eighteen (18) years old, or that you are between the age of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you have authority to agree to this Privacy Statement and are competent and capable of understanding and complying with this Privacy Statement.
These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, then the unenforceable provision will be deemed superseded by an enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Project Healthy Body. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the entire agreement between you and us relating solely to your use of the Site. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. Any rights not expressly granted in these Terms are reserved by us.
If you have any questions or comments regarding the Site, please contact us at:
Project Healthy Body
Effective date: January 1, 2018