TERMS OF USE

 

Date of Last Revision: July 1, 2020.

 

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SITE AND SERVICES, AS THOSE TERMS ARE DEFINED BELOW. THESE TERMS OF USE (The “TOU”) ARE SUBJECT TO CHANGE AS PROVIDED BELOW. BY ACCESSING OR USING THIS WEBSITE OR HHR’S SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THESE TOU. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TOU, YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THIS SITE.

 

INTRODUCTION

Healthy Human Revolution LLC (“HHR,” “Our,” “Us,” or “We”), a Colorado limited liability company, owns and operates this website (the “Site”). These TOU and conditions describe your rights and responsibilities with regard to the Site that you may use to receive Services. Your access to and use of the Site is subject to these TOU, Our Privacy Policy, as well as all applicable laws and regulations. In these TOU. You understand and agree that these TOU are entered into between you and HHR. If you do not accept and agree to be bound by these TOU, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services. The Site and Services are continually under development, and HHR reserves the right to review, amend, edit, alter, or remove any part of these TOU in its sole discretion at any time and without prior notice to you. You should check the TOU from time-to-time when you use the Site or Services to determine if any changes have been made. Any changes to these TOU are effective upon posting to the Site. Unless otherwise indicated, any new Content (as defined below) added to the Services is also subject to these TOU upon posting to the Site. If you disagree with these TOU, your sole and exclusive remedy is to discontinue your use of the Site or Services, subject to applicable legal obligations. Your continued use of the Site or Services after a change has been posted constitutes your acceptance of the changes.

 

Services

HHR presents a number of informational and educational materials, tools, and resources (collectively, the “Materials”) on health and the benefits of a whole food plant-based diet. These Materials include but are not limited to recipes, educational courses, expert interviews, expert and User stories, and recommendations. Accordingly, Our Services include:

 

  1. Providing Users access to the Materials;
  2. Providing Users access to a curated library of recipes and other Materials, which Registered Users, as defined in the “User Registration and Accounts” Section, below, can catalogue and make their own;
  3. Producing and providing Users access to the Healthy Human Revolution Podcast;
  4. Facilitating chats, comments, and other online community interaction for Users to share stories regarding their own health journeys;
  5. Providing subscribed or Registered Users, as defined below, ongoing education, motivation, support, and accountability.
  6. Providing access to purchase merchandise, whether produced by us or third-parties, and accessed through the Site or affiliate links on third-party websites such as www.Amazon.com.
  7. Providing subscribed or Registered Users access to Our private Facebook group;

 

HEALTH, NUTRITION, AND FITNESS INFORMATION

ALL HEALTH, NUTRITION, AND FITNESS INFORMATION PROVIDED ON THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, INTERVIEWS, ILLUSTRATIONS, GRAPHICS, RECIPES, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY HHR OR BY THIRD-PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL OR MENTAL HEALTH PROFESSIONAL, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL OR MENTAL HEALTH PROFESSIONAL, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY INFORMATION YOU OBTAIN ON THE SITE.

 

ANY INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS OR OTHER  CONSUMABLES MAY NOT HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION, AND COULD BE HAZARDOUS TO YOUR HEALTH. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE PROMPTLY CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER AS YOU DEEM APPROPRIATE. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

 

The use of the Site and Services is in no way intended to, nor does it create a medical or other professional relationship between You and HHR. HHR does not provide ANY TYPE OF professional advice, whether medical, mental health, legal, tax or otherwise. ACCORDINGLY, Nothing on HHR’s website is or should be considered medical or other professional advice, It is also not, and should not be considered to be, a substitute for medical or mental health advice, diagnosis, or treatment.

 

THE SITE MAY PERIODICALLY PROVIDE INFORMATION REGARDING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, REGARDLESS OF WHO CAUSED THEM. HHR RECOMMENDS YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

 

PERSONAL VIEWS DISCLAIMER

Any personal or individual views, information, or opinions expressed on the Site or through the Services by individuals are solely those of the individuals making them, and may not represent those of, and should not be attributed to, HHR, its employees, or affiliates. HHR is not responsible and does not independently verify for accuracy any of the information presented by third-parties. HHR likewise does not assume any liability, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, in views or opinions expressed by third-parties through the Site or Services.

 

USER REGISTRATION AND ACCOUNTS

You may have to register a “User Account” to access certain parts of the Site or Our Services. As part of that registration, You will create a username and password and become a “Registered User.” If You are a Registered User, You agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about Yourself that You have provided to HHR. If You do not maintain such information, or if HHR has reasonable grounds to suspect Your information is incorrect, outdated, or false, HHR has the right to suspend or terminate Your account and Your use of the User Account and Services. You also agree to immediately notify Us of any unauthorized use of Your username, password, User Account, or of any other breach of security that You become aware of involving or relating to the Services by emailing HHR at [email protected]. HHR may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services and Your User Account.

 

You agree to keep confidential Your username and password and to exit from Your User Account at the end of each session. You are responsible for all activities that occur under Your User Account and for maintaining the confidentiality of Your password. If You think Your User Account has been compromised, You are exclusively responsible for promptly changing Your password. You may not transfer or share Your password to Your User Account with anyone, or create more than one User Account. You may not use anyone else’s User Account at any time. HHR explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree:

 

  1. All or any part of the Site may not be accessible at any time, for any period, or for any reason; and
  2. HHR will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

 

TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE

You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to Your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.

 

PRIVACY POLICY

HHR understands the importance of confidentiality and privacy regarding Your health information. Please see Our Privacy Policy for a description of how We may collect and use Your personal information. HHR incorporates the Privacy Policy into these TOU by reference, and each constitutes a part of these TOU.

 

SITE CONTENT

none of the Content you receive through the Site (the “Content”) should be considered medical or professional advice. All such health and health-related information contained within this Site and Our Services is intended to be general, marketing, or educational in nature and should not be considered or used as a substitute for a visit with a healthcare professional. The Content is not intended to be, and You should not consider it to be, mental health, medical, or other licensed professional advice. Always seek the advice of Your personal physician if You have any questions regarding a condition. HHR assumes no responsibility or liability for how You use information obtained from this Site or Our Services. Before making any decisions regarding Your healthcare, ask Your PCP or mental healthcare professional.

 

OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE

With the exception of any personal data or information You submit maintained in accordance with Our Privacy Policy, You understand and agree that any information You provide to HHR on or through the Site or Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of HHR. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting without notice to you or payment for it. HHR shall be free to use any ideas, concepts, know-how, or techniques contained in any communication You send to HHR via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

 

To the extent the foregoing provision does not apply, or is deemed by a court of appropriate jurisdiction not to apply to any personal data or information subject to the foregoing paragraph, and to the extent permitted by law, You: (1) understand and agree that any such information provided by You may be used, copied or displayed by HHR, HHR may create derivative works of any such data, and HHR may provide such data to Our service providers, Our successors and assigns in performance of their services; and (2) grant HHR Our service providers, Our successors and assigns, and affiliated service providers, a fully transferable, royalty-free, and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any data or information You submit on or through the Site for the purposes of providing the Services to You; conducting research or analyses of such data; and designing, developing, implementing, modifying or improving new, current, or future features, products and services of HHR using such data.

 

OWNERSHIP OF SITE CONTENT, TRADEMARKS

As between HHR and You, HHR is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by You. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on Our Site except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by HHR or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or the intellectual property, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of HHR or its affiliates. You are not authorized to use any such Marks without the express written permission of HHR. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates.

 

YOUR Consent

You agree that Your use of the Site and any uses of any Services or materials related to the Site are subject to Your agreement with all of these TOU as well as Our Privacy Policy, which is incorporated into these TOU by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any Material within or through the Site.

 

Acceptable Use

Subject to Your compliance with these TOU, HHR grants You, the Site User, a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site solely for Your personal and non-commercial use, and solely as permitted under these TOU and Our Privacy Policy. Any unlawful use of this Site or use inconsistent with these TOU is prohibited and will result in, at a minimum, an automatic termination of this license. HHR and its affiliates expressly reserve all rights, title, and interests not expressly granted under this license. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.

 

Except as HHR expressly authorizes, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Site, Services, or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to HHR or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure HHR or its service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Our Site or any content made available to You on or through Our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through Our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to HHR or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) ​use the Site or Services in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e. g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual), or otherwise post objectionable material of any kind or nature or which is harmful to minors in any way; (p) otherwise use the Site in any manner that exceeds the scope of the license granted above; or (q) encourage or enable any other individual to undertake any of the conduct listed in this section. If HHR blocks You from accessing the Site or the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address).

 

User Obligation

In consideration of Your use of the Site and Our Services, You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Site or Our Services. If You are between the ages of 13 and 18 years old, You may use the Site and Our Services solely with the approval of Your parent or legal guardian.

LINKS TO Third-Party Websites

The Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). Linked Sites may not be under Our control, and We are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and You agree and understand We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

 

You may have arrived at the Site through a Linked Site, including a Linked Site controlled by an HHR parent, subsidiary, or affiliate. You understand and agree that We are not responsible for the information, products, or services described on those Linked Sites and only these TOU will apply to Your use of or access to this Site.

 

Site Access; TERMINATION

The TOU will remain in full force and effect as long as You continue to access or use the Site or Services. You may terminate the TOU at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if You violate these TOU.

 

HHR reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in HHR’s sole and exclusive discretion. Including but not limited to for Your violation of these TOU. The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; and Assignment.

 

Subject to applicable law, HHR reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention or content destruction policies, where applicable. After such termination, HHR will have no further obligation to provide the Services. You agree that if Your use of the Services is terminated pursuant to these TOU, You will not attempt to use the Services in any way, and further agree that if You violate this restriction after such termination, You will indemnify and hold HHR and its affiliates harmless from any and all liability HHR and its affiliates may incur from such violation.

 

Disclaimer of Warranties

You expressly agree your use of the Site is at Your own risk. HHR does not make any warranties or representations as to the provision of the Site or Our Services, the accuracy or completeness of the Site or Our Services’ content, or information linked through the Site, including LINKED SITES, or Our Services. you acknowledge and agree HHR provides the SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS.

 

HHR AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD-PARTIES.

 

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER HHR NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE, HHR DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND HHR DISCLAIMS ANY LIABILITY RELATING THERETO.

 

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL OR INFORMATION.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL HHR OR ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS IS TRUE EVEN IF HHR OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law.​

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HHR, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys, from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of materials or features available on the Site or Services in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by You of these TOU.

 

MODIFICATIONS TO THE SITE

HHR reserves the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Site or Services or any portion of them, with or without notice. You agree HHR shall not be liable to You or to any third-party for any modification, suspension, or discontinuance of the Site or Services.

 

PAYMENT AND REFUND REQUESTS

You agree to pay all fees due for Services requested. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card expires or HHR, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. HHR does not have any obligation to provide any Services unless and until full payment has been received or verified, as applicable. If You register for Services via a subscription plan, You expressly acknowledge and agree that: (a) HHR is authorized to charge your credit card or other payment instrument in accordance with the terms of your subscription plan for as long as your subscription continues; and (b) your subscription is continuous until You cancel it or HHR suspends or otherwise stops providing access to its Site or Services in accordance with these terms.

 

If You dispute any charges, You must let Us know within thirty (30) calendar days after the date We charge You. To request a credit or refund, You must submit a claim by email at: [email protected]. The email must contain the following information: (i) the words "Refund Request" in the subject line; (ii) a detailed reason for the refund request, including the invoice number, if applicable; and (iii) the name and reasonable contact information for You or Your contact representative. Failure to provide the request and other information as required above may disqualify Your request for a refund. All approved refunds will be issued within thirty (30) calendar days of approval. Approved refunds will be paid using the payment method on file for the refunded party, or via any other method We determine is appropriate in Our sole and exclusive discretion.

 

GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, AND SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND HHR TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HHR.

 

These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration in Denver, Colorado under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree the courts located in Denver, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

 

All parts of these TOU apply to the maximum extent permitted by law. HHR and You both agree that if a party cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

 

NO WAIVER

No waiver by HHR of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by HHR to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.

 

THE PARTIES’ RELATIONSHIP

Neither these TOU, nor any Content, materials or features of the Services create any partnership, joint venture, employment, fiduciary, or agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.

 

REMEDIES

You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.

 

ASSIGNMENT

You may not assign any of Your rights under these TOU, and any such attempt will be null and void. HHR and its affiliates may, in their sole and exclusive discretion, transfer, without further consent from or notification to You, all contractual rights and obligations pursuant to these TOU if some or all of the business of HHR is transferred to another entity by way of merger, sale of its assets, or otherwise.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

HHR reserves the right to remove any content or any other material or information available on or through Our Site, at any time, for any reason. HHR otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with HHR.

 

Notification of Claimed Copyright Infringement. If You have objections to copyrighted content or material made available on or through Our Site, You may submit a notification to Our Designated Agent at the following address:

 

Jonathan Marbas at [email protected]

 

Any notification to HHR under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
  • An identification of the copyrighted work or other intellectual property that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • An identification of the content or material that You claim is infringing and where it is located on Our Site;
  • Information sufficient for HHR to contact You, such as Your address, telephone number, and email address;
  • A statement by You that You have a good-faith belief that the use of the content or material of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
  • A signed statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

How to Contact Us

Please contact Us at the below addresses to report any violations of these TOU, to ask questions, or to provide comments regarding Our Services or the Site. You may access Your User portal here.

 

Healthy Human Revolution LLC

​1716 Main St., #163

Longmont, CO 80501

[email protected]