Terms and Conditions
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.
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.
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: firstname.lastname@example.org.
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.
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.