The Owner reserves the right to change or modify these Terms at any time and in its sole discretion. If the Owner makes changes to these Terms, the Owner may notify the Users by providing the Users with notice of such changes and continued use of the Website by the Users shall deem to be their acceptance of the revised Terms.
- Accessing the Website
1.1. The User may be required to establish an account with the Owner on the Website to access and use the Website. The User hereby acknowledges that their account is personal to them and they are expected to treat their account as confidential.
1.2. The User agrees to provide accurate, current and complete information about themselves as prompted by the Website and the registration form, if any. By establishing an account with the Owner, the User represents that they are at least 18 (eighteen) years of age, or the legal age of majority where the User resides if that jurisdiction has an older age of majority, and that they have the legal authority to enter into this agreement.
1.3. Owner is dedicated to ensuring the accessibility, integrity and security of personal, and financial information (collectively referred to as ‘User Data’). The User shall be responsible for ensuring that all persons to whom access has been granted to the Website, including the User’s account, are aware of these Terms, and have had the opportunity to review, accept and comply with the Terms.
1.4. When the User selects the User’s password, and or any other piece of information as part of Owner’s security procedures, the User is expected to treat such information as confidential. The User agrees to accept responsibility for all activities that occur under the User’s e-mail and password. The User agrees to notify us immediately of any unauthorized access to, use or disclosure of the User’s e-mail, password, or any other security violation or breach.
1.5. Owner reserves the right to withdraw or amend the Website or any content therein, in our sole discretion without notice to the users. The Owner shall not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
2. Usage of the Website and proprietary materials
2.2. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Website in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and content contained here.
3. Trademarks and Copyright
3.1. The trademarks, logos and service marks (‘Marks’) displayed on the Website are the property of Owner and other associated parties and service providers. Users are prohibited from using any Marks for any purpose without the written permission of Owner or such third party which may own the Marks.
3.2. All information and content available on or through the Website (‘Content’) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
3.3. The Owner respects the intellectual property rights of others and expects the Users to do the same. If the User believes that any content appearing on the Website has been copied in a way that constitutes copyright infringement, please forward the following information to the Owner. To file a copyright infringement notice, the User will need to send a written communication that includes the following to the address listed below:
Attn: Trademarks and Copyright
2704 Clyde St.
Matlacha, FL 33993
3.3.1. The User’s name, address, telephone number, and email address,
3.3.2. A description of the copyrighted work that the User claim has been infringed,
3.3.3. The exact URL or a description of where the alleged infringing material is located,
3.3.4. A statement by the User that the User have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law,
3.3.5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
3.3.6. A statement by the User, under penalty of perjury, that the above information in the User’s notice is accurate and that the User are the copyright owner or authorized to act on the copyright owner’s behalf.
4. Submitted Content
4.1. Owner does not claim ownership of any materials the User make available through the Website. At Owner’s sole discretion, such materials may be included within the Website in whole or in part or in a modified form. With respect to such materials the User submit or make available for inclusion on the Website, the User grant Owner a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that the User submit in connection with such submitted content).
4.2. The User hereby represent, warrant and covenant that any materials the User provide do not include anything (including, but not limited to, text, images, music or video) to which the User do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by the User. We have no obligation to post the User’s comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If the User does not agree to these terms and conditions, please do not provide us with any submitted content.
4.3. The User is prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. The User shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from the User’s posting of content to this Website.
5. Restricted Use
5.1. The User agrees not to use the Website in any unlawful, infringing, tortuous or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
5.2. Without limiting any of the foregoing, the User agree that the User shall not (and the User agree not to allow any third party to):
5.2.1. use the Website for any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse.
5.2.2 to remove any copyright and other proprietary notices contained in any content on the Website.
5.2.3. to conduct any activity that is harmful or detrimental to the Website as solely determined by Owner.
5.2.4. to post any information or content that is obscene, sexually explicit, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
5.2.5. to falsely represent themselves as another person or as a representative of a business or entity that the User do not actually represent or give the impression that posts come from a healthcare professional, if that is not the case;
5.2.6. to change the content in any capacity or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
5.2.7. to transfer the content to any other person unless the User give such person notice of, and such person agrees to accept, the obligations arising under these Terms.
5.2.8. to use any automated scripts or “robots” to access, copy, or manipulate any content provided on this Website.
5.2.9. to breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
6. Suspension of access to Website
6.1. Owner will determine, at its discretion, whether there has been a breach of the Terms & Conditions through the User’s use of the Website. In our view, when a breach of these terms has taken place, then we may take such action as we deem appropriate, which may include any or all of the following actions:
6.1.1. Temporary suspension or permanent withdrawal of the User’s right to use the Website.
6.1.2. Temporary or permanent removal of any posting or material uploaded by the User to our Website.
6.1.3. Issuing a warning to the User.
6.1.4. Legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
6.1.5. Further legal action against the User.
6.1.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7. Links to Third Parties
7.1. As a matter of convenience to the User, Owner may provide links to various third-party websites on the Website. If the User uses any of these external links, the User may be directed/redirected to such external website and may leave the Website.
7.2. If the User decides to visit any such external link, the User agrees to do so at the User’s own risk, responsibility and liability. Owner makes no warranty or representation regarding, and does not endorse, any Website linked to the Website or the information appearing thereon or any of the products or services described thereon. Owner does not endorse or represent any service provider as may be listed on the Website. Please carefully review the terms of service and privacy policies of all such sites prior to usage.
8. Warranty and Disclaimer
8.1. The Website and Proprietary Material are provided on an “AS IS” and “AS AVAILABLE” basis. Owner expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness of the Website, or Proprietary Material for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
8.2. Owner makes no warranty, and expressly disclaims any obligation, that: (a) the Website content will be up-to-date, complete, comprehensive, accurate or applicable to the User’s circumstances; (b) the Website, and or Proprietary Material will meet the User’s requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or Proprietary Material offered through the Website will be accurate or reliable; or (d) the Owner owns the Proprietary Material and for avoidance of doubt, the Owner shall not be responsible or liable for any third-party claims, challenge or suit over ownership of Proprietary Material.
8.3. The Website content may contain inaccuracies and typographical errors. Owner does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, advertisement, statement, memorandum or other information displayed or distributed through the Website. The User acknowledges that any reliance on any such opinion, advice, statement, memorandum or information shall be at the User’s sole risk. Unless properly disclaimed by the Owner, Owner does not endorse or represent any partner or service provider listed on this Website.
8.4. The Website and the content thereon are for informational and educational purposes only. While we hope the content is useful for nutritional purposes, it is not intended as a substitute for, nor does it replace, professional advice. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of a professional nutritionist.
9. Limitation of Liability
9.1. Owner (including its officers, directors, employees, representatives, affiliates, partners and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay in provision of the Website (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website, or Proprietary Material, or (iii) the performance or non -performance by the Owner or any partner or service provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect the user’s computer equipment or other property as the result of the user’s access to the Website or the user’s downloading of any content from the Website.
10.1. The User hereby agrees to defend, indemnify and hold harmless Owner (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) the User’s use of, or conduct in connection with, the Website; (b) any feedback the User provide; (c) the User’s violation of these Terms; or (d) the User’s violation of any rights of any other person or entity. If the User are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
11.1. Entire Agreement. These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between Owner and the User relating to the User’s use of the Website, and replace any prior understandings or agreements (whether oral or written) regarding the User’s use of the Website.
11.2. Waiver. The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
11.3. Governing Law and Disputes. The laws of Florida, United States of America, without regard to its conflict of laws will govern these Terms, as well as the User’s and our observance of them. If the User takes any legal action relating to the User’s use of the Website or these Terms, the User agree to file such action only in the state of Florida, USA. In any such action or any action, we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
11.4. Severability. If any clause, sentence, paragraph or part of this agreement, or the Website thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect.
11.5. Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.