Terms and Conditions

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The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment, and should only be used in conjunction with the guidance and care of your physician. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being. If you are pregnant, a nursing mother, anorexic, bulimic, allergic to ANY food, or suffer from any disease, neither Gina Van Luven nor its parent company, Healthy Habits Wellness Center, LLC. is liable for any ill effects you may suffer from utilizing any of the recommendations on this website.

 

Any reference to Gina Van Luven or Healthy Habits Wellness Center, LLC will herein be referred to as “HHWC”.  References to any websites owned by HHWC will herein be referred to as “Website”.

 

If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this Website. HHWC reserves the right to refuse or cancel your membership due to certain medical conditions, including those listed above, or should you violate any provision of these Terms and Conditions or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.

PARENTAL OR GUARDIAN PERMISSION.

You must be 18 years or older to purchase any product or service offered on or through the Website. Some of the content on the Website may not be appropriate for children. HHWC is not responsible for any information that may be inappropriate for someone under the age of 18. We strongly recommend that parent supervise access by children under the age of 18.

PRIVACY.

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

COMMUNICATIONS.

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. HHWC may also deliver communications to you electronically. In addition, HHWC may deliver communications (including legal notices) to you at the street address provided in your HHWC membership account. Finally, HHWC may deliver communications to you by any means set forth in any other HHWC policy or notice published on the Website.

LICENSE AND SITE ACCESS.

HHWC grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of HHWC. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of HHWC. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HHWC without our express written consent. You may not use any metatags or any other hidden text utilizing HHWC's name or trademarks without the express written consent of HHWC. Any unauthorized use terminates the permission or license granted by HHWC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray HHWC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any HHWC logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT.

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HHWC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your HHWC account; (c) take responsibility for all charges resulting from use of your HHWC account, including unauthorized use prior to your notifying HHWC of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.

CONTACTING HHWC

You may contact us by email to info@ginavanluven.com (provide your first and last name and user name; we will not open your email if it contains an attachment); by mail to Healthy Habits Wellness Center, LLC., P.O. Box 981402, Park City, UT 84098, Attn: Customer Service (provide your first and last name, user name, and email address); or by phone to our Customer Service Department at (435) 565-2062.

DISCLAIMERS AND LIMITATION OF LIABILITY.

Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither HHWC, nor its owners, employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. HHWC does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY HHWC ON AN "AS IS" AND "AS AVAILABLE" BASIS. HHWC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HHWC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL HHWC OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF HHWC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HHWC'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HHWC, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall HHWC or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

THIRD-PARTY CONTENT.

The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). Regarding the Content supplied by Users or parties other than HHWC, HHWC is a distributor and not a publisher. HHWC has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by HHWC are those of the respective authors or distributors and not of HHWC. Neither HHWC nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with HHWC.com. HHWC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized HHWC employees. Under no circumstances shall HHWC be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.

ONLINE CONDUCT.

User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If HHWC is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, HHWC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. HHWC may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of HHWC, its Users or Providers. HHWC reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of HHWC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither HHWC nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither HHWC, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.

LINKS TO OTHER SITES.

The Website may reference or link to third-party sites throughout the World Wide Web. HHWC has no control over these third-party sites or the content within them. HHWC cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. HHWC does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. HHWC does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against HHWC for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

COPYRIGHTS.

Copyright (c) 2012 Healthy Habits Wellness Center, LLC. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to HHWC or its content suppliers and are protected by United States and international copyright law. HHWC enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

TRADEMARKS.

YOUnique Nutrition, Healthy Habits Academy, Healthy Habits Wellness Center, LLC, and the related logos and other marks indicated on our Website are the exclusive property and trademarks of HHWC. HHWC reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by HHWC that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HHWC.

INDEMNITY.

You agree to defend, indemnify, and hold HHWC and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

APPLICABLE LAW.

The Website is created and controlled by HHWC in the State of Utah. As such, the laws of the State of Utah will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Utah reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Utah for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Utah courts and agrees not to plead or claim in any Utah court that such litigation brought therein has been brought in an inconvenient forum.

MISCELLANEOUS TERMS.

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. HHWC reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Unsolicited Idea Submission Policy

HHWC and/or any of its owners or employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when HHWC 's products or marketing strategies might seem similar to ideas submitted to HHWC. So, please do not send your unsolicited ideas to HHWC or anyone at HHWC. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, fax, or e-mail says, the following terms shall apply to your idea submission.

Terms of Idea Submission

You agree that: (1) your ideas will automatically become the property of HHWC, without compensation to you, and (2) HHWC can use the ideas for any purpose and in any way, even give them to others.

Product and/or Service Feedback

HHWC does, however, welcome your feedback regarding many areas of HHWC’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send us an email to info@ginavanluven.com. Please provide only specific feedback on HHWC's existing products or marketing strategies; do not include any ideas that HHWC's policy will not permit it to accept or consider.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. HHWC shall be free to use such information on an unrestricted basis.

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