OUR TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The
entire content included in this site, including but not limited to,
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of GetHealthyByDesign.com. The collective work includes works that are
licensed to GetHealthyByDesign.com, Copyright 2010, ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with GetHealthyByDesign.com or
purchasing GetHealthyByDesign.com products. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or
to place an order with GetHealthyByDesign.com or to purchase GetHealthyByDesign.com products. Any other use, including but not
limited to, the reproduction, distribution, display or transmission of
the content of this site is strictly prohibited, unless authorized by GetHealthyByDesign.com. You further agree not to change or delete
any proprietary notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of GetHealthyByDesign.com used in the site are trademarks or registered trademarks of GetHealthyByDesign.com.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, GetHealthyByDesign.com disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. GetHealthyByDesign.com does not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that the defects will be
corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. GetHealthyByDesign.com does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
GetHealthyByDesign.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if GetHealthyByDesign.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a GetHealthyByDesign.com product is mistakenly listed at an incorrect price, GetHealthyByDesign.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. GetHealthyByDesign.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GetHealthyByDesign.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by GetHealthyByDesign.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
GetHealthyByDesign.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to GetHealthyByDesign.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of GetHealthyByDesign.com products) shall be in the state or federal courts located in Hamilton County, TN. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of GetHealthyByDesign.com products) must be commenced within one (1) year after the claim or cause of action arises. GetHealthyByDesign.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GetHealthyByDesign.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a GetHealthyByDesign.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
GetHealthyByDesign.com does not and cannot review all communications
and materials posted to or created by users accessing the site, and is
not in any manner responsible for the content of these communications
and materials. You acknowledge that by providing you with the ability
to view and distribute user-generated content on the site, GetHealthyByDesign.com is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, GetHealthyByDesign.com reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to GetHealthyByDesign.com in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless GetHealthyByDesign.com, its officers, directors, employees, agents, licensors and
suppliers (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, GetHealthyByDesign.commay link to sites operated by third parties. However, even
if the third party is affiliated with GetHealthyByDesign.com, GetHealthyByDesign.com has no control over these linked sites, all of
which have separate privacy and data collection practices, independent
of GetHealthyByDesign.com. These linked sites are only for your
convenience and therefore you access them at your own risk.
Nonetheless, GetHealthyByDesign.com seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).