This Is Healthful Inc. Terms of Use

Introduction

Welcome to This Is Healthful. We are active, honest health professionals committed to providing healthful advice on: Essential Eating, Physical Activity, Well-Being, and Healthy Habits. At This Is Healthful if we haven’t experienced it, tried it, taught it, conducted the research, or supported a client through it we don’t endorse it. We believe in focusing on your current lifestyle to provide realistic personal health education and progressive tools to help you achieve a healthy balance and instill and maintain healthy habits.

Please take a few minutes to review these Terms of Use (“Terms”). The Terms govern your use of the This Is Healthful websites (each a “Site”) and any workshops, consulting, health tips, materials, or applications (collectively the “Services”) that are provided to you by This Is Healthful Inc. or one of its successors, assigns, or licensees (collectively “we” or “us” or “our”) through or as a result of your use of a This Is Healthful Site. Our social media pages, which include but are not limited to, Facebook, Twitter, Instagram, and Pinterest (collectively “Social Media”), are delivered to you in accordance with these Terms and the terms of use of each of those platforms. We may change these Terms from time to time, at any time, without notice to you, by posting such changes here. BY REGISTERING AN ACCOUNT OR USING THE SITE OR SERVICES YOU ACCEPT AND AGREE TO THESE TERMS.

User Information and Privacy Policy

During your use of the Site, Services, or Social Media you may be able to, or required to, provide personalized information (“User Information”) to us. At This Is Healthful we respect your privacy and believe that you should be informed about how we collect and use your personal information. Please read our Privacy Policy which describes our information collection and use practices. By using the Site, Services, or Social Media you agree to the terms of our Privacy Policy and you agree that you are solely responsible for the accuracy and content of any User Information you submit.

Age and Eligibility

In order to use the Site, Services, or Social Media you must be at least the legal age to form a binding contract in the legal jurisdiction of your residence or domicile. Individuals who are under the legal age to form a binding contract in the legal jurisdiction of their residence or domicile (hereinafter “Minors”) are prohibited from using the website. Accordingly, if you are a Minor, please do not attempt to register an account, use the Site, Services or Social Media, or provide any User Information to us. In the event that we learn we have collected User Information for a Minor, we will delete that information as soon as reasonably practicable. If you believe that we have inadvertently collected User Information for a Minor, please contact us at info@thisishealthful.com. You represent that any User Information you provide about yourself to us is accurate and complete.
If you are registering an account or using the Site, Services or Social Media on behalf of a company or other organization, you represent that you have the authority to bind your organization by your actions.
The Site, Services, and Social Media should not be used by people who have adverse medical or nutritional conditions. See “Precautions” below.

Precautions

Content and information provided by the Site, Services, or Social Media is for informational purposes only and is not intended to replace a relationship with a physician or other medical provider. We are not licensed medical care providers and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program and/or increased physical activity, changing your diet and eating habits, or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have received through the Site, Services, or Social Media. This Is Healthful requires that you consult with your physician before following any training instructions and personal health advice you receive through the Site, Services, or Social Media or participating in any event announced through the Site, Services, or Social Media, including but not limited to workshops, seminars, products, or educational material (documents, videos, instructional manuals) ordered from or endorsed on Site, Services, or Social Media. Not all exercises, activities, healthy habits, essential eating and well-being information or content described on the Site, Services, or Social Media are suitable for everyone. You should understand that when participating in any change of diet, physical activity, exercise, or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The Site, Services, or Social Media should not be used by people who have adverse medical or nutritional conditions. By using the Site, Services, or Social Media you represent that you have received consent from your physician to participate in the programs, healthy habits, essential eating, well-being advice, physical activity and exercises described or purchased on or through the Site, Services, or Social Media.

We are not responsible for any health problems that may result from following the healthy habits, physical activity or training programs, diet or eating changes, products, or events you learn about through the Site, Services, or Social Media. If you engage in any exercise program or physical activity you receive through the Site, Services, or Social Media you agree that you do so at your own risk and are voluntarily participating in these activities.

We try to provide helpful and accurate information through the Site, Services, and Social Media but we cannot verify, endorse or vouch for the information, services or recommendations available through the Site, Services, or Social Media. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Site, Services, or Social Media. Reliance on any information provided by This Is Healthful, This Is Healthful contracted staff, employees, partners or others appearing on the Site, Services, or Social Media by invitation or as visitors is solely at your own risk.

Third Party Sites

We frequently link to third party web sites on the Site, Services, or Social Media. You agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may be available on or through those third party sites. The inclusion of a link to a third party site does not necessarily imply our endorsement, sponsorship, or recommendation of that site.

Submitted Materials

Any information, creative works, ideas, testimonials, suggestions, concepts, methods, systems, designs, plans, techniques or other materials that you send to us, post, transmit, distribute, or otherwise publish on or through the Site, Services, or Social Media (including but not limited to, items that you submit or post on our Facebook page, in survey responses, or send to us by e-mail) (“Submitted Materials”) shall be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us or posting it on or through the Site, Services, or Social Media, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived. You represent that your Submitted Materials: (1) will not prevent any other user from using and enjoying the Site, Services, or Social Media; (2) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (3) will not violate any law, statute, ordinance or regulation; (4) will not be obscene or contain child pornography; (5) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (6) will not violate any third party’s rights of publicity or privacy; (7) will not be fraudulent, defamatory, threatening, abusive, harassing, libelous, defamatory, vulgar, or harmful in any way; (8) contains embedded links, advertising, chain letters or pyramid schemes of any kind; or (9) constitutes or contains false or misleading indications of origin, endorsement, or statements of fact. You are responsible for complying with all laws applicable to your Submitted Materials. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time and for any reason and without advance notice to you.

By submitting or sending Submitted Materials to us or posting it on or through the Site, Services, or Social Media, you grant us and our subsidiaries and affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture and likeness with the content you submit and otherwise in materials promoting, marketing or advertising the Site, Services, or Social Media or our goods, in any media, without any compensation or advance notice to you.

Your Submitted Material and content posted on the Site, Services, or Social Media are stored in multiple places on the Internet. We have no control over who will see this material and no ability to permanently remove it from public view. Please be careful about content and information that you post and avoid disclosing sensitive, embarrassing, proprietary, medical or confidential information.

We reserve the right, but do not have an obligation, to monitor and review all Submitted Material posted by you to the Site, Services, or Social Media. We are not responsible for the content of any Submitted Material posted by users. Please govern your use of that content accordingly. We reserve the right to edit, refuse to post or to remove any content you post for any reason, at any time and without advance notice to you. Our reasons for edit, removing or refusing to post content include, that such content is objectionable to us in our sole discretion, that it violates these Terms or that it violates any applicable law, ordinance or regulation. We may also limit your access to all or certain portions of the Site, Services, or Social Media without notice to you for any reason.

Prohibited User Conduct

You agree that, while using the Site, Services, or Social Media, you shall not: (1) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (2) insert your own or a third party’s advertising, branding or other promotional content on the Site, Services, or Social Media; (3) use, redistribute, republish or exploit any third party content for any commercial or promotional purposes; (4) download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site, Services, or Social Media other than as expressly permitted herein; (5) alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, Services, or Social Media including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices; or (6) attempt to gain unauthorized access to other computer systems through the Site, Services, or Social Media. You shall not obtain or attempt to obtain lists of users or other information from or through the Site, Services, or Social Media and you shall not use the Site, Services, or Social Media in violation of any applicable law, ordinance or regulation. We are not responsible to monitor your use of the Site, Services, and Social Media or to determine if such use violates any applicable law, ordinance or regulation. Please govern your use accordingly.

Intellectual Property

The trademarks and logos used or posted on the Site, Services, or Social Media are trademarks and logos, registered or not, by us or third parties. Nothing on the Site, Services, or Social Media may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the Site, Services, or Social Media for commercial or advertising purposes or to increase the number of visitors to your site.

All the items on or in the Site, Services, or Social Media (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to us or third parties acting as content providers. No items on the Site, Services, or Social Media must be interpreted as giving you any right whatsoever with regard to the intellectual property of This Is Healthful Inc. or of a third party acting as a content provider.

You can download or copy only for your personal use for non-commercial purposes items from the Site, Services, or Social Media provided you maintain all the intellectual property notices they contain. Downloading or copying any item for purposes other than personal use is strictly forbidden without the prior written permission of This Is Healthful Inc. or the holder of the copyrights identified in the notice of intellectual property.

Ownership of the Site

As between you and us, we own, or have licensed the use of, all rights, title and interest in and to the Site and Services, including all of the content, code, data and materials, the look, feel and design of the Site, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. As between you and us, we own, or have licensed the use of, all rights, title and interest in and to all of our content on the Social Media, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site, Services, or Social Media do not grant to you any ownership or rights to or in any of that content, code, data or other materials.

Indemnity

You agree to defend, indemnify and hold us our directors, officers, employees, agents, contractors, successors and assigns (collectively the “Indemnified Parties”) harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Site, Services, or Social Media. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at your sole expense.

Subscription Services

This Is Healthful Inc. operates the Site and Services on a subscription basis that requires a payment of fees.

By subscribing to the Site and Services with your credit card, you agree that This Is Healthful Inc. (or an authorized-third party) is authorized to charge your credit card for all fees and charges due as a result of your subscription. All subscriptions automatically renew on the expiry of the subscription term at the standard rate for the term of the previous subscription. You agree that This Is Healthful Inc. (or an authorized third party) may charge your credit card automatically upon the beginning of each subscription term.

Subscribing to the Site and Services or purchasing products through the Site and Services will require you to provide information to This Is Healthful Inc. or an authorized third party. You agree to provide and update, as needed, information such as (but not limited to) your credit card information, your full name, address, and telephone number, as well as any other information that may be necessary. You agree that this information is true, complete, and current.

If we are not able to process or collect charges to your credit card, you agree that we may pursue collection for fees you owe related to subscription fees, charges, and products and services purchased through the Site or Services. You agree to be liable for all costs and expenses incurred in connection with the collection process including (but not limited to) collection fees, interest, litigation costs and attorney’s fees.

You agree to comply with the terms and conditions of any agreement that you may enter into related to your purchase of any product or service. You agree to be liable for all charges and fees incurred through your purchase or subscription, including any applicable taxes. This Is Healthful Inc. may increase or change fees at it sole discretion and at any time. We will provide reasonable advanced notice prior to executing additional fees, increasing fees or changing fee structures. Advanced notice may be provided through any means we deem appropriate such as (but not limited to) posting a notice on the Site or email or conventional mail.

Due to package promotions, the fee/price you pay upon purchase or subscription may be different from one user to another or one time frame to another. You agree to pay the price/fee quoted at the time of your purchase. Price adjustments will not be made for discounts, promotions or other price changes that may accompany the purchases of other users.

Availability of Fee-Based Products or Services

There may be situations when the Site, Services, or other fee-based products or services are not available due to Site downtime or other circumstances. During such occasional disruptions in service we will not adjust fees or charges.

Termination and Refund Policy

If you subscribe to the Site and Services and are not completely satisfied, you may terminate your use of the Site and Services by emailing a request to info@thisishealthful.com to cancel your account. Given the nature of the Site and Services This Is Healthful Inc. does not offer refunds for subscriptions which are terminated early or online or electronic products and services (including but not limited to, online seminars, videos, documents, or similar) which have been purchased.

We may terminate, change, suspend or discontinue any aspect of the Site, Services, or Social Media services at any time. We may restrict, suspend or terminate your access or subscription if we believe you are in breach of these Terms or applicable law, or for any other reason without advance notice or liability. If your subscription to our Site or Services is terminated, we may (but are not obligated to) immediately disable your access to some or all of the Site or Services, without prior notice to you. We may (but are not obligated to) remove any and all User Information and/or files related to your user account and/or deny any access to such information, any of our fee-based products or services, and/or the Site (or any parts thereof).

It is your sole responsibility to update your user account if your credit card, address or other mandatory information changes or becomes inactive. We may terminate or disable your subscription or access to fee-based products or services if we are not able to charge your credit card or collect payment.

DISCLAIMER OF WARRANTIES

THE SITE, SERVICES AND SOCIAL MEDIA ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE, SERVICES OR SOCIAL MEDIA WILL BE SECURE, PROVIDED UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE, SERVICES, OR SOCIAL MEDIA SHALL CREATE ANY WARRANTY. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, SERVICES, OR SOCIAL MEDIA OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THEM. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES, OR SOCIAL MEDIA, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE.
LIMITATION OF LIABILITY

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES, OR SOCIAL MEDIA, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE, SERVICES, OR SOCIAL MEDIA. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) RELATED TO YOUR USE OF THE SITE, SERVICES, AND SOCIAL MEDIA EXCEED, THE GREATER OF THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE, SERVICES, OR SOCIAL MEDIA AND TEN DOLLARS.

Applicable Law

These Terms and the relationship between you and us and any and all matters arising out of that relationship or these Terms shall be governed by the laws of the Province of Ontario, Canada, without giving effect to its conflicts of law principles or rules. Any party bringing a legal action or proceeding against any other party arising out of or relating to this relationship or these Terms shall bring the legal action or proceeding in the Ontario Superior Court of Justice, in Ottawa, Ontario, Canada. For the purposes of all legal actions and proceedings arising out of or relating to this relationship or these Terms, each party to these Terms agrees to the exclusive jurisdiction of the Ontario Superior Court of Justice in Ottawa, Ontario, Canada. All parties to these Terms waive any respective rights to a trial by jury.

You agree that any controversy or claim that you have arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable Arbitration Rules. The place of arbitration shall be Ottawa, Ontario, Canada. We operate the Site, Services, and Social Media from our locations in Canada. We do not represent that the Site, Services, or Social Media are appropriate or available for use in any other locations. If you choose to access the Site, Services, or Social Media from locations outside of Canada, you do so on at your own risk.

Changes to Terms of Use

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Changes in the Terms will be effective when posted. Your continued use of the Site, Services, or Social Media after any changes to the Terms are posted will be considered acceptance of those changes.