Terms of Service
TERMS AND CONDITIONS
Food for Health (“us”, “we”, or “our” “FFH”) operates the https://wwwfoodforhealthstrategies.com and (“Service”, or “Website”).
PERSONAL INFORMATION FOOD FOR HEALTH
The information we receive from you helps us personalize and continually improve your experience. Here are the types of information we gather.
Information You Give Us: We receive and store any information you enter on our Website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as sending you communication, customizing your experience, improving our customer service, and communicating with you.
Information from Other Sources: We might receive information about you from other sources and add it to our account information.
SHARING INFORMATION
Food for Health sometimes employs third parties to perform services for us. For example, we may hire agencies to help administer consumer promotions and to analyze data. Like many other merchants, we also participate in cooperative database services. These parties have agreed to hold this information in confidence and not use it for any purpose except to carry out the requested service(s).
SECURITY
Login Profile: Our Website may provide you with the opportunity to create a login profile that allows you to save your contact and other information for speedier registration. We recommend you keep this information current. We not responsible for updating login profile information.
Passwords: To provide you with an increased level of security, access to your login profile is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Your password will never be asked through unsolicited communication from us.
Third-Party Websites: Our Website may sometimes include third-party advertising and links to other Websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites. We have no control over the privacy practices of sites outside our domain. If you follow a link to another website, please read that site’s privacy policy.
YOUR OPTIONS
We believe in your privacy and we have created easy steps for you to limit or control the way we communicate with you, and share your information.
Promotional emails: If you do not wish to receive promotional emails from Food for Health such as our newsletters, general email or notifications about services to build your business, please
click the UNSUBSCRIBE link which is located at the end of every email you receive from us*. From these emails you can quickly and easily ‘unsubscribe’ or ‘manage your subscription preferences’.
*Emails that do not use the Infusionsoft application i.e. personal questions and enquiries answered specifically by a team member do not contain an unsubscribe option.
POLICY CHANGES
Please review this policy carefully each time you use the website as it is subject to change at any time with or without notice. We reserve the right to change this Privacy Notice and Privacy Policy without notice. By accessing this website, you are agreeing to and consenting to our Terms and Conditions and Website Privacy Policy.
GOVERNING LAW / JURISDICTION
These terms will be governed by and construed in accordance with the laws of the State of Maine, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of Maine. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our website.
COPYRIGHT / TRADEMARKS
All content on the website is protected by copyright and trademark laws and is owned by Food for Health unless it has been provided by a third-party. Third-party content providers own the copyright in content that is original to them. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use only.
YOUR LICENSE TO USE MATERIALS ON OUR WEBSITE
Subject to your strict compliance with these Terms, Food for Health grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the materials provided on the website. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or the third-party content owner before you may publish, distribute, display, or commercially exploit any material from the website. By using this website, you agree to abide by all copyright notices or other posted restrictions.
INFORMATION YOU SUBMIT
The Sites may provide you and others with the opportunity to participate in forums, blogs, groups, message boards, social networking, social communities and other communication functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Food for Health or the website, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
Applicable User Content Terms: You agree that your User Content will be treated as non- confidential and non-proprietary and will not be returned. You further agree that you own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms.
License to Food for Health for User Content: You grant to Food for Health the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub- license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Food for Health is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the website or Food for Health, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Food for Health the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Food for Health the right to sub-license and authorize others to exercise any of the rights granted to Food for Health under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Food for Health under these Terms. You further authorize Food for Health to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
DISCLAIMER / LIMITATION OF LIABILITY
Under no circumstances will the Food for Health parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages that are directly or indirectly related to (a) the sites; (b) the materials; (c) the downloadable items; (d) user content; (e) your use of, inability to use, or the performance of the sites; (f) any action taken in connection with an investigation by Food for Health, a division of LKC Strategist, LLC parties or law enforcement authorities regarding your use of the sites; (g) any action taken in connection with copyright or other intellectual property owners; (h) any errors or omissions in the sites’ technical operation; or (i) any damage to any user’s computer, hardware, computer software, wireless devices, cellular phone, modem or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Food for Health parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or theft or destruction of the sites). In no event will the Food for Health parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states, countries, provinces and territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Food for Health parties’ total liability to you for all damages, losses or causes of action exceed ten United States dollars ($10.00).
Your access to and use of the sites is at your risk. If you are dissatisfied with the sites or any of the
materials, your sole and exclusive remedy is to discontinue accessing and using the sites or the materials.
DISCLAIMER OF WARRANTIES
The sites, including, without limitation, the materials, are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, Food for Health and its affiliates and each of their employees, directors, officers, members, shareholders, agents, vendors, and contractors (collectively, the “Food for Health parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the sites; (b) the materials on or provided through the sites; (c) the downloadable items; (d) user content; (e) the functions made accessible on or through the sites; (f) any products, services or instructions offered or referenced at the sites; and/or (g) security associated with the transmission of information transmitted to or from Food for Health or via the website. In addition, Food for Health hereby disclaims all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
Food for Health does not represent or warrant that the sites or the functions contained therein will be error-free or uninterrupted; that defects will be corrected; or that the sites or the server that makes the sites available are free from any harmful components, including, without limitation, viruses or other malware. The Food for Health parties do not make any representations or warranties that the information (including any instructions) on the sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The own parties do not warrant that your use of the sites is lawful in any particular jurisdiction, and the Food for Health parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these terms.
By accessing or using the sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the sites.
MISCELLANEOUS
The failure of Food for Health to act with respect to a breach of these terms by you or others does not constitute a waiver and will not limit Food for Health’s rights with respect to such breach or any subsequent breaches. No waiver by Food for Health of any of these terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Food for Health.
Neither the course of conduct between the parties nor trade practice will act to modify these terms. Food for Health may assign its rights and duties under these terms to any party at any time without any notice to you. You may not assign these terms without Food for Health’s prior written consent. You agree that these terms will not be construed against Food for Health by virtue of having drafted them.