The use of this site or any other site owned or maintained
by He and She Eat Clean, LLC, a limited liability company organized and
existing under the laws of the State of Georgia (hereafter “He and She Eat
Clean”) is governed by the policies, terms and conditions set forth below.
Please read them carefully. Your use of the He and She Eat Clean website,
newsletters, recipes, fitness programs, nutrition programs, and/or other
information or services provided by He and She Eat Clean (hereafter the “Services”)
signifies your acceptance of the terms and conditions set forth below.
Any and all orders placed on this site signifies your acceptance of the
terms and conditions set forth below. Your decision to subscribe to any
and all He and She Eat Clean Newsletters signifies your acceptance of the terms
and conditions set forth below.
In consideration of using the Services provided by He and
She Eat Clean, LLC you hereby, on behalf of yourself, your heirs,
beneficiaries, personal representatives, successors and assigns, do hereby
indemnify, hold harmless, insure, or defend He and She Eat Clean, LLC,
including its, officers, agents, or employees, against liability or claims for
damages, losses, or expenses, including attorney fees, arising out of bodily
injury to persons, death, or damage to property caused by or resulting from the
sole negligence of He and She Eat Clean, LLC, or its officers, agents, or
employees.
Consent
By using any or all the services, fitness programs,
nutrition plans, recipes, and/or other information (collectively hereafter the
“Activities”) provided by He and She Eat Clean, LLC, you understand that
participation in the activities involve a certain degree of risk. You
have carefully also considered the risk involved and have given consent for
yourself to participate in the activities. You understand that
participation in the activities is entirely voluntary and requires participants
to abide by applicable rules and standards of conduct. You voluntarily assume
all risks of loss, damage, or injury, including death, that may be sustained by
your involvement in the activity.
Third Party Interactions
During use of the He and She Eat Clean Website, you may
enter into correspondence with, purchase goods and/or services from, and
participate in promotions of advertisers or sponsors showing their goods and/or
services through the Website. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is
solely between you and the applicable third-party. He and She Eat Clean shall
have no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third party. He and She Eat
Clean does not endorse any sites on the Internet that are linked through its
Website. He and She Eat Clean provides these links to you only as a matter of
convenience, and in no event shall He and She Eat Clean be responsible for any
content, products, or other materials on or available from such sites. He and
She Eat Clean provides products to you pursuant to the terms and conditions of
this Agreement. You recognize, however, that certain third-party providers of
ancillary software, hardware, or services may require your agreement to
additional or different license or other terms prior to your use of or access
to such software, hardware, or services. By using this site to search for
or link to another site, you agree and understand that you may not make any
claim against He and She Eat Clean, LLC for any damages or losses resulting
from your use of this site to link to another site.
Disclaimer of Warranties
He and she eat clean makes no representation, warranty, or guaranty
as to the reliability, timeliness, quality, suitability, truth, availability,
accuracy or completeness of any information on this site. He and she eat clean
does not represent or warrant that (a) the use of the site will be secure,
timely, uninterrupted or error-free or operate in combination with any other
hardware, software, system or data, (b) the site or he and she eat clean's
products will meet your requirements or expectations, (c) any stored data will
be accurate or reliable, (d) the quality of any products, services,
information, or other material purchased or obtained by you through the service
will meet your requirements or expectations, (e) errors or defects will be
corrected, or (f) the service or the server(s) that make the service available
are free of viruses or other harmful components. The service and all content is
provided to you strictly on an “as is” basis. All conditions, representations
and warranties, whether express, implied, statutory or otherwise, including,
without limitation, any implied warranty of merchantability, fitness for a
particular purpose, or noninfringement of third party rights, are hereby
disclaimed to the maximum extent permitted by applicable law by he and she eat
clean.
Limitation of Liability
In no event shall either party's aggregate liability exceed
the amounts actually paid by and/or due from you in the 12 month period
immediately preceding the event giving rise to such claim. In no event shall
either party be liable to anyone for any indirect, punitive, special, exemplary,
incidental, consequential or other damages of any type or kind (including loss
of data, revenue, profits, use or other economic advantage) arising out of, or
in any way connected with this site or he and she eat clean, including but not
limited to the use or inability to use the site, or for any content obtained
from or through the site, any interruption, inaccuracy, error or omission,
regardless of cause in any information contained herein, even if the party from
which damages are being sought have been previously advised of the possibility
of such damages. Certain states and/or jurisdictions do not allow the exclusion
of implied warranties or limitation of liability for incidental, consequential
or certain other types of damages, so the exclusions set forth above may not apply
to you.
Notice
He and She Eat Clean may give notice by means of a general
notice on the www.heandsheeatclean.com Website, electronic mail to your e-mail
address on record in He and She Eat Clean’s account information, or by written
communication sent by first class mail or pre-paid post to your address on
record in He and She Eat Clean’s account information. Such notice shall be
deemed to have been given upon the expiration of 24 hours after mailing or
posting (if sent by first class mail or pre-paid post) or 8 hours after sending
(if sent by e-mail). You may give notice to He and She Eat Clean (such notice
shall be deemed given when received by He and She Eat Clean) at any time by any
of the following: letter sent by email to He and She Eat Clean at the following
email address (whichever is appropriate): thegang@heandsheeatclean.com, letter
delivered by nationally recognized overnight delivery service or first class
postage prepaid mail to He and She Eat Clean at the following address: PO Box 545, Hoschton, GA 30548 in either case, addressed to the attention of:
Whitney Carlson, Partner.
Modification to Terms
He and She Eat Clean reserves the right to modify the terms
and conditions of this Agreement or its policies relating to its products and
services at any time, effective upon posting of an updated version of this
Agreement on the www.heandsheeatclean.com Website. You are responsible for
regularly reviewing this Agreement. Continued use of the Service after any such
changes shall constitute your consent to such changes.
General
With respect to U.S. Customers, this Agreement shall be
governed by Georgia law and controlling United States federal law, without
regard to the choice or conflicts of law provisions of any jurisdiction, and
any disputes, actions, claims or causes of action arising out of or in
connection with this Agreement or the Service shall be subject to the exclusive
jurisdiction of the state and federal courts located in [name of state]. If any
provision of this Agreement is held by a court of competent jurisdiction to be
invalid or unenforceable, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the invalid or unenforceable
provision(s), with all other provisions remaining in full force and effect. No
joint venture, partnership, employment, or agency relationship exists between
you and He and She Eat Clean as a result of this agreement or use of this
Website. The failure of He and She Eat Clean to enforce any right or provision
in this Agreement shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by He and She Eat Clean in writing. This
Agreement, together with any applicable Form and policies, comprises the entire
agreement between you and He and She Eat Clean and supersedes all prior or
contemporaneous negotiations, discussions or agreements, whether written or
oral, between the parties regarding the subject matter contained herein.
Disputes with He and She Eat Clean, LLC
If there is any dispute, controversy, or claim about or
involving the He and She Eat Clean, LLC, by using the Services, you agree that
the dispute will be governed by and construed in accordance with the laws of
the State of Georgia without regard to any conflict of law provisions. In
addition, any such dispute, controversy or claim shall, upon the request of any
party involved, be submitted to and settled by, mediation, in the City of
Atlanta, State of Georgia. If the dispute cannot be settled by mediation,
then you agree to Binding Arbitration to resolve the dispute. The binding
arbitration shall take pace in the City of Atlanta, State of Georgia, before a
single arbitrator, pursuant to the commercial arbitration rules then in effect
of the American Arbitration Association or at any time or at any other place or
under any other form of arbitration mutually acceptable to the parties so
involved. Any award rendered shall be final and conclusive upon the parties and
a judgment thereon may be entered in the highest court of the forum, state or
federal, having jurisdiction. You hereby submit to the personal
jurisdiction by and venue in the state and federal courts located in Fulton
County, Atlanta, Georgia.
Severability
If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the
invalid or unenforceable provision(s), with all other provisions remaining in
full force and effect.
No joint venture, partnership, employment, or agency
relationship exists between you and He and She Eat Clean as a result of this
agreement or use of this Website or the Services. The failure of He and She Eat
Clean to enforce any right or provision in this Agreement shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by He and
She Eat Clean in writing. This Agreement, together with any applicable Form and
policies, comprises the entire agreement between you and He and She Eat Clean
and supersedes all prior or contemporaneous negotiations, discussions or
agreements, whether written or oral, between the parties regarding the subject
matter contained herein.
Definitions
As used in this Agreement and in any Order Forms or Ordering
of Services now or hereafter associated herewith: “Agreement” means these
online terms of use, any Order Forms, whether written or submitted online via
the www.heandsheeatclean.com Web Site, and any materials available on the He
and She Eat Clean Website or sent via e-mail specifically incorporated by
reference herein, as such materials, including the terms of this Agreement, may
be updated by He and She Eat Clean from time to time in its sole discretion;
“Effective Date” means the earlier of either the date this Agreement is
accepted by using any recipes, workouts, and/or educational materials or
articles presented on the website, the Effective date on the subscription form
or the date you begin purchasing products from this site; “Order Form(s)” means
the form evidencing your purchase from this site and any subsequent order forms
submitted online or in written form, each such Order Form to be incorporated
into and to become a part of this Agreement (in the event of any conflict
between the terms of this Agreement and the terms of any such Order Form, the
terms of this Agreement shall prevail); “Company” means collectively He and She
Eat Clean, LLC a limited liability company organized and existing under the
laws of the State of Georgia doing business as “www.heandsheeatclean.com” and
having a mailing address of PO Box 545, Hoschton, GA 30548, together with its
officers, directors, shareholders, employees, agents and affiliated companies.
Questions or Additional Information
If you have questions regarding this Agreement or wish to
obtain additional information, please send an e-mail to
thegang@heandsheeatclean.com.
Affiliate Disclosure
Our website may contain affiliate links. Clicking or
purchasing something through these links does not cost you any extra. We may
receive a small commission which helps us keep the recipes, workouts, and
educational information you love coming!
Disclaimer
The material on this website is provided for educational
purposes only and is not to be used for medical advice, diagnosis or treatment.
The use of this site, its newsletters, information and/or services, or any
other site owned or maintained by He and She Eat Clean, LLC, is governed by the
policies, terms and conditions set forth in the Terms of Service. Always
consult your physician before beginning any exercise or nutrition program.