HOLISTIC HEALTH CENTER, LLC TERMS, AND CONDITIONS OF USE

Effective Date: February 3, 2021

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

1. Scope of Terms & Conditions

Welcome to Holistic Health Center. Unless otherwise indicated, these Terms and Conditions of Use (“Terms & Conditions”) apply and govern your use of our website and mobile application (the “App”), which are owned or operated by Holistic Health Center, LLC or its affiliates (collectively, “Holistic Health Center,” “HHC,” “we,” “us,” or “our”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Holistic Health Center, LLC. Holistic Health Center, LLC and any successor entity offers a variety of content and services through the HHC Website and App (collectively, the “Services”). By using our Website and/or App, you agree to these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using our Website and/or our App after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website or App and, if applicable, you should arrange to cancel your registered user account or membership with us, as applicable.

2. Terms & Conditions — In General

By using our Website or App, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to our Website or App (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or App, including, but not limited to, (i) restricting the time the Website or App is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website or App. You agree that any termination or cancellation of your access to, or use of, the Website or App may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website or App. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Websites or App. From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

3. Restrictions on Use of Materials

You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of Holistic Health Center, LLC (and where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and or App and the format, directories, queries, algorithms, structure and organization of the Website and/or App are the intellectual property and proprietary and confidential information of HHC and its affiliates, licensors and suppliers. Except as expressly stated in this Terms & Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by HHC. 

HHC, Holistic Health Center, Heal Club, and the HHC LOGO (collectively, the “HHC Marks”) are trademarks or registered trademarks of Holistic Health Center, LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, App or in other Content provided to you may be the trademarks of third parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the HHC Marks or any third party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the HHC Marks generated as a result of your use of the Services will inure to the benefit of Holistic Health Center, LLC, and you agree to assign, and hereby do assign, all such goodwill to Holistic Health Center, LLC. You shall not at any time, nor shall you assist others to, challenge HHC’s right, title or interest in or to, or the validity of, the HHC Marks. 

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display our Website, App, and the material provided thereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that our Website and App contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on our Website or App are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Website or App. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

4. Becoming a Registered User

You may need to create a Holistic Health Center account to access or use the Services. If you do not register, you may be precluded from using certain products, offerings, features, resources or Services of our Website or App. You must register in accordance with instructions that you will find on our Website or App to participate in, and to contribute to the Community (as defined in Section 6 below) . If you elect to become a registered user of our Website or App, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website or App (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of our Website or App. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website or App.

5. Privacy

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

6. Community Standards and Conduct Guidelines

You acknowledge that all Content posted, emailed, or otherwise transmitted to or on our Website or App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively the “Postings”) to or on our communities which can be accessed via our Website or App, as applicable (collectively the “Community”) (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Community. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Community (as described below), you understand that by using our Website or App, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.

You agree not to use our Website, App or the Community to:

  • Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

  • Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;

  • Impersonate any person or entity, including, but not limited to any user of our Website or App, a director, officer, employee, shareholder, agent or representative of HHC, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with HHC, or our affiliates or any other person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Website or App;

  • Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party. Copyrighted information may include content from another website or our member-only areas, a recipe from a book, images and intellectual property, recipes or activities and exclusive details about our food plan;

  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;

  • Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of our Website or App;

  • Interfere with or disrupt the Community or this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

  • “Stalk” or otherwise harass another user or employee of this Website; or

  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of our Website or App, including user names or passwords; or 

  • Access or attempt to access another user’s account without his or her consent.

Your privilege to use and/or access our Website and App (including the Community) and contribute to discussions in the Community depends on your compliance with standards conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of our Website, App or the Community and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in our Website, App or the Community. We reserve the right to monitor some, all, or no areas of our Website and App (including the Community) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in the Community nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website or App, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website or Community is removed.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services, as well as any user’s use of or access to personal data, and profiles of other users. 

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms & Conditions or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for HHC, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension. 

7. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or our Website or App any Content, (collectively, the “Submissions”), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name, voice or image) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in the Community for personal use. Subject to the foregoing, the owner of a Submission placed on our Website or App retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

8. Links

We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Content, advertisements, products or other resources available on any other website or apps (regardless of whether we directly or indirectly link to such Content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

9. Third Party Products and Services

You may order services, merchandise or other products through our Website or App or from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

10. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website or App (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information

  • a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;

  • identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);

  • identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;

  • your name, mailing address, telephone number and email address;

  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: help@healclub.com.

11. Password and User Security

If you are a registered user of our Website or App, you are entirely responsible for maintaining the confidentiality of your password and user account information and for all activities which occur under your account. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password.

12. Health Disclaimer

This Website provides weight loss and weight management information and applications, fitness information and activities and mindset information and activities together with content published over the Internet and is intended only to assist users in their personal wellness journeys. HHC and its affiliates are not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in our Website or App should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen or undertaking any fitness activities or exercise routines. Our Website and App are intended for use only by healthy adult individuals. Our Website and App are not intended for use by minors or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss regimen, fitness activities or exercise routines. You agree that HHC and its affiliates shall not be liable for any damages arising from personal injuries (including death) sustained as a result of your participation in any HHC program or fitness activities offered through the Website or App. 

We encourage you to maintain your weight within the healthy weight guidelines endorsed by the World Health Organization, equivalent to a Body Mass Index (BMI) between 18.5-25.0.  However, we recognize that BMI is an imperfect measure of an individual’s health and that other factors may be a more robust predictor of certain health outcomes.  

We also urge you to get periodic medical checkups. Weight loss can create physical changes that should be medically monitored. Studies have shown, for example, that weight loss can aggravate gallbladder illness. Weight loss is not advised for people with a BMI below the healthy range. Medical monitoring is especially important for people with a known medical condition. The plan encourages a healthier pattern of eating and the development of healthy lifestyle habits, however it is not intended to treat any illness or disease. In addition:

  • HHC prohibits participation in its weight loss and wellness plan for children under the age of 18 and individuals who have been diagnosed with or treated for anorexia nervosa or bulimia nervosa in the last year.

  • You may not enroll in an HHC membership if you are under age 18 or if you are pregnant.

  • If you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease, it’s especially important to show the HHC plan to your health care provider. Any modifications made to the plan by your healthcare provider should be followed.

  • The HHC weight loss plan is designed for a safe rate of weight loss – up to two pounds per week (after the first three weeks). If you lose at a greater rate, you must review the plan guidelines and adapt them, if necessary, to avoid rapid weight loss. Not following the plan as designed may pose the risk of developing health complications associated with rapid weight loss.

  • We recommend that you monitor your weight once per week. If your weight falls below guidelines for a healthy weight, you must review the plan guidelines and adapt them to maintain a healthy weight. HHC also recommends that you discuss your goals for participating in HHC with your healthcare provider. Not following the plan as designed may pose the risk of developing health complications associated with low body weight.

 

13. Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER HHC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATION THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER HHC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

14. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, hold harmless and, at our option, defend HHC and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of our Website, App, Services or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

16. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Columbia County in the State of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

17. Miscellaneous Terms

In any action against us arising from the use of our Website or App, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on our Website or App, or by written agreement of both parties. Each time you access our Website or App, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. 

Last modified as of February 3, 2021.

 

Privacy Policy

 

Last modified as of February 3, 2021

 

This Privacy Policy governs our HHC websites (collectively our “Website”) and our HHC mobile application (our “App”), and explains how we collect your personal information on our Website or through the App, how we protect such information, and the choices you have concerning the use of such information. Your privacy and the security of your personally identifiable information are very important to us. We want you to be as comfortable as possible visiting our Website and using our App. We are dedicated to protecting the privacy of those who visit our Website and use our App. Please read this Privacy Policy carefully. Except as Holistic Health Center LLC (“we”, “us”, or “our”) disclose in this Privacy Policy, we will not sell, share, license, trade, or rent your personally identifiable information to others.

We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this Privacy Policy on a regular basis. By using our Website, our App, or any of our products, offerings, features, tools or resources that we provide on our Website or App (collectively, our “Online Products”), including our products or offerings for personal digital assistants or other handheld or mobile devices (collectively, our “Handheld Products”), you agree to the terms of this Privacy Policy.

Please remember that this Privacy Policy applies only to information collected by our Website or through our App or other Online Products. We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board, blog, personal page, etc.) or through any public profile features available on our Website or App, or for the privacy practices of websites that are operated or owned by third parties.

WHAT INFORMATION IS COLLECTED ABOUT YOU ON OUR WEBSITE, APP OR THROUGH OUR ONLINE PRODUCTS?

We collect personally identifiable information.

Personally Identifiable Information.

Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). Such Personally Identifiable Information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and payment information. We may request Personally Identifiable Information from you when you register on our Website or App, enroll in our Online Products, or in connection with other Online Products we may make available on our Website or App from time to time. In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit or share such information. Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy.

You do not have to provide us with any Personally Identifiable Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or use or App or all of our Online Products, such as subscribing to our online weight-loss tools or posting content to any Community Area on our Website. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity. In addition, we may not be able to provide you with some of the other Online Products dependent upon the collection of such information, such as a personalized HHC home page.

When you become a registered user of our Website or App, enroll in one of our current Online Products, or in connection with other Online Products we may make available on our Website or App from time to time, we also may collect information that by itself cannot be used to identify or contact you.

Information from Other Sources.

We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Website, App and Online Products, to determine your preferences so that we can tailor our Website, App and Online Products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.

WHERE AND WHEN IS INFORMATION COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE PRODUCTS (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website or App, such as when you register for our Website or App or enroll in one of our Online Products. We also may collect information from you in connection with, or through, other Online Products we may make available on our Website from time to time. The following is a description of the areas and/or manners in which we primarily collect information about you.

Becoming a Registered User and Subscription.

In order to access certain Online Products on our Website or App, including but not limited to our Community Areas and weight-loss tools, you must first complete certain steps to become either a registered user or a member. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, zip code, email address, date of birth and, if you enroll in one of our Online Products, payment and billing information. This information is used to help us understand who uses our Website or App, to improve our Website and our Online Products, to contact users about requested Online Products and/or for subscription billing purposes, if applicable. It is optional for you to provide demographic information (such as profession and number of children), but providing this information is encouraged so we can provide a more personalized experience on our Website and App.

Cookies and Other Tracking Technologies.

HHC and our marketing partners, affiliates, or analytics or service providers use cookies and similar technologies in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to:

  • personalize your experience on our Website (e.g., to dynamically generate content on web pages specifically designed for you),

  • assist you in using our Online Products (e.g., to save you time by not having to reenter your name upon each visit to our Website), and

  • allow us to statistically monitor how you are using our Website for purposes of improving our online offerings.

We also may use cookies to conduct marketing and promotional efforts, tailor certain advertisements to your browser that we think may be of interest to you, or to determine the popularity of certain content. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Website, but your ability to use some features or areas of our Website may be limited.

We partner with third parties to display advertising on our Website and to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this Website and other sites in order to provide you advertising based upon your browsing activities and interests. 

Social Media (Features) and Widgets

Our Website includes social media features, buttons and widgets provided by third party social media platforms such as Facebook and Twitter (collectively, the “Features”). A Feature may collect your IP address and which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. This cookie may allow the social media platform to link the foregoing data with your user profile. The Features are either hosted by the third party platform or directly on our Website. Your interactions with these Features are governed by the privacy policy of the relevant platform.

Testimonials

We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to delete your testimonial from our Website, you can contact us at help@healclub.com.  

Linking your account with third party applications and devices

Our Website and/or App may offer you the option to connect your HHC account with third party applications or devices such as activity trackers that measure your activity level (e.g. the number of steps and distance walked, calories burned and other personal metrics). If you connect your HHC account with an account you have with a provider of such devices, the third party provider will receive the information from us that you have a HHC account. At the same time, data collected by such third parties (for example, personal activity data collected via an activity tracker device or other collected data) will be transferred to us and may be incorporated into your HHC account in accordance with the terms of this Privacy Policy. You have the option to disconnect such devices from your HHC account at any time via our website. Please refer to the privacy policy of your third party provider for further details, which may include information on what specific data is collected by such a third party and account.

Referral Programs

Through third party referral program operators and others, we offer referral programs whereby referral websites can earn commissions through the referral of members or other purchasers to our Website. To track the earning of such commissions, and to determine the effectiveness of the referral programs, the users who become members to our Online Products or purchasers through such referral websites are tracked using technologies that do not include Personally Identifiable Information (such as cookies and/or action tags). Our program operators and the referral websites themselves can only access information such as data relating to the number of impressions served, the number of transactions completed, and their resulting earnings. They cannot access our customers’ personal data.

If you choose to apply to be a referral website, we use the data you provide strictly for conducting business with you. We have entered into certain agreements with third party program operators for the purpose of administering our referral programs. Should you become a referral website of ours through one of our third party program operators, any information you provide to them is subject to their privacy policies.

Online Products

We collect information, some of which may be Personally Identifiable Information, that you voluntarily provide to us when you choose to use some of our Online Products (available either for free or on a subscription basis). We also collect information that you provide voluntarily through responses to special Online Products such as surveys, questionnaires, self-assessment quizzes, contests and the like. Some of these Online Products may ask you for health related information. We collect this information in order to personalize your online experience.

Public Forums and the Public Profile Feature

We feature public forums such as those contained in the Community Areas where you and other users of our Website or App can communicate with one another. In addition, we may offer both the “Public Profile” and “Account Settings” features of our Website to permit you to share information about yourself (including, if you elect, Personally Identifiable Information) with others.

THIS PRIVACY POLICY DOES NOT PROTECT YOU WHEN YOU USE OUR PUBLIC FORUMS OR PROVIDE INFORMATION (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION) ABOUT YOURSELF THROUGH THE PUBLIC PROFILE FEATURE OR THROUGH ANY COMMUNITY AREA AVAILABLE ON OUR WEBSITE. 

You should be aware that any information shared in a public forum such as a message board, blog, personal page, posting, group, or bulletin board is public information and may be seen or collected by third parties that do not adhere to our Privacy Policy, although the availability of personal pages or groups identified as “private” may be limited to certain permitted users. However, even information marked “private” may be viewed by our staff. You should think carefully before disclosing any information in any public forum on our Website or App. For example, you should not select a username that includes personally identifiable information. To request removal of your personally identifiable information from our Community Areas, contact us at the address indicated below.

Log Files

As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. This information may be used to analyze trends, to administer the Website, to monitor our Website’s use, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes such as personalizing your experience on our Website and evaluating our Online Products in general.

Email or Refer a Friend

Through our referral tools for informing a friend about our Website, or one of our Online Products, we will automatically send your friend a one-time email containing the information you request to be sent. If you elect to use these referral tools, we will collect from you certain Personally Identifiable Information about your friend such as your friend’s name and email address. We may store that information for purposes of sending the one-time email and as necessary to operate and track the success of our referral program. We will not use your friend’s information for any other purpose. Your friend may contact us at help@healclub.com to request that we remove this information from our database.

DO WE COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. Our Website and Online Products are not designed for or directed to children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children’s exploration of the Internet, and to teach their children about protecting their personally identifiable information while online.

WHAT DO WE DO WITH THE INFORMATION WE COLLECT?

In general, we use the information collected on our Website and through our Online Products to help us understand who uses our Website and Online Products and how they are used, to personalize your experience, to assist you in using our Online Products, to improve our Website and Online Products, and for subscription billing purposes, if applicable.. If you become a registered user of our Website or enroll in one of our Online Products, we may use your information to send you a welcoming email that may confirm your username. If you “opt-in” (for example, if you check a box, or if the box is pre-checked, you do not opt out by unchecking the box) we may send you electronic newsletters, contact you about HHC products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to contact you about important service announcements and updates regarding our Website or Online Products or, if you are a member, about your billing account status. You will not be able to opt-out of these service announcements and updates as they contain important information relevant to your use of our Website and/or our Online Products and are not promotional in nature. (If you do not wish to receive these service announcements, you may cancel your account with us and delete the Personally Identifiable Information maintained about you on our systems by contacting our Privacy Coordinator at the address set out below.)

In addition, we may use your information to contact you about HHC products, services, information and news that may be of interest to you by postal mail if you become a registered user of our Website or enroll in one of our Online Products, unless you notify us that you no longer desire to receive these communications.

We may also use the information gathered on our Website and through our Online Products to perform statistical analysis of user behavior, to analyze and evaluate issues relating to nutrition, weight-loss, behavior and fitness, or to evaluate and improve our Online Products. We may link some of this information to Personally Identifiable Information for internal purposes only or to assist you in your personal weight-loss efforts.

WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES? 

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Website.

Affiliates.

We may disclose information (including Personally Identifiable Information) about you to our Affiliates. For purposes of this Privacy Policy, “Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Holistic Health Center, LLC, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.

Laws and Legal Rights.

We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms & Conditions, or our Subscription Agreement, if any, or to protect the safety and/or security of our users, our Website or the general public.

Third Parties Generally.

We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

Outside Contractors.

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to our Website or Online Products, such as providing payment processing and fraud screening, and developing applications for our Website and email services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your Personally Identifiable Information, in the course of providing products or services to us. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these Outside Contractors (i) protect the privacy of your Personally Identifiable Information consistent with this Privacy Policy, and (ii) not use or disclose your Personally Identifiable Information for any purpose other than providing us with products or services for which we contracted.

Third Party Sellers.

In addition, through our Website, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services which are sold through a person or company other than us or our Affiliates (collectively, “Third Party Sellers”). We will attempt to make it clear to you when you are dealing with a Third Party Seller by opening a new browser or otherwise notifying you that you are leaving our Website. For example, if you see a phrase such as “powered by” or “brought to you by” followed by the name of a person or company other than HHC, then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Third Party Sellers may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. You do not need to submit this information or purchase any products or services from Third Party Sellers to access our Website. By submitting the requested information, you affirmatively consent to have that information shared with the Third Party Seller. This information is used by the Third Party Seller and may be subject to a different privacy policy. We do not otherwise share or disclose your Personally Identifiable Information to Third Party Sellers.

Sale of Business.

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of Holistic Health Center, LLC, or in the case of bankruptcy, provided that the third party agrees to adhere to the terms of this Privacy Policy. We will notify users of any such transfer through notice on our site and through email.

DOES THIS PRIVACY POLICY APPLY WHEN YOU LINK TO OTHER WEBSITES?

Our Website contains links to other websites not owned or operated by Holistic Health Center, LLC (for example, if you “click” on a banner advertisement, you will likely be taken off our Website). We will attempt to make it obvious to you when you leave our Website and enter these websites by opening a new browser or otherwise notifying you that you are leaving our Website. However, please be aware that we are not responsible for the privacy practices of such websites. We encourage you to be aware when our Website links to other websites and to read the privacy policies or statements of each and every website. This Privacy Policy applies solely to information collected by our Website or through our Online Products.

IS THE INFORMATION WE COLLECT SECURE?

We want your information (including Personally Identifiable Information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the Personally Identifiable Information you provide to us via the Internet at the time you elect to become a registered user or enroll in our Online Products, we use Secured Socket Layer (SSL) encryption technology in transmitting such Personally Identifiable Information over the Internet to our servers. We secure the Personally Identifiable Information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees who need access to your information to perform a specific task or function are granted access to such information. In addition, all of our employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, up to and including termination.

Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

Except as otherwise described in this Privacy Policy, we will only use Personally Identifiable Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and give us permission to use your Personally Identifiable Information for any other purpose. If you no longer wish to receive communications from us via postal mail, you may notify us by calling us at 423-767-4650 or by contacting us at the address set out below.

You may change your preference and “opt-out” of receiving other communications by changing that option in the Communication Preferences feature of our Website, following the directions provided in association with the communication, or by contacting our Privacy Coordinator at the address set out below.

Users of our Website are notified when Personally Identifiable Information is being collected by third parties on our Website. We do this so you can make an informed choice as to whether you should disclose information to a third party.

Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. Please note that we do not interpret or respond to “Do Not Track” signals. However, you may set your Web browser to not accept new cookies or web beacons, be notified when you receive a new cookie, or reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar. Please note that if you do not accept cookies, you may not be able to use certain products, offerings, features, or resources of our Website (including our Online Products).

CAN YOU UPDATE OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

Upon request, Holistic Health Center, LLC will provide you with information about whether we hold any of your personal information. You can always contact us in order to (1) update or correct your Personally Identifiable Information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the Personally Identifiable Information maintained about you on our systems, by accessing Account Settings or contacting our Privacy Coordinator at the address set out below. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all Personally Identifiable Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate. We will respond to your request within 45 days.

We retain your information for various purposes as allowed by law, including to ensure that we can continue to provide our services to you as requested, that we respect your opt-out wishes into the future, and that we can comply with our legal obligations. If you wish to remove your Personally Identifiable Information from our database entirely (even though this may impact our ability to provide services to you and/or manage your opt-out wishes), please contact us as specified below.

HOW WILL YOU KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

If we decide to change this Privacy Policy, we will post those changes on our Website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use Personally Identifiable Information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you, at the time it was collected, we will notify you by email or otherwise, and you will have a choice as to whether or not we use your Personally Identifiable Information in the new manner. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personally Identifiable Information. If you do not agree to the terms of this Privacy Policy, you should not use our Website.

WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?

If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact our Privacy Coordinator in any of the following ways: 

Email our Privacy Coordinator at:

ataylor@healclub.com

Or, write to our Privacy Coordinator at:

Holistic Health Center, LLC

1059 Emerald Place

Evans, GA 30809

Attn: Privacy Coordinator

 

Last modified as of February 3, 2021