1 . ACCEPTANCE OF CONDITIONS AND TERMS OF SERVICE
Welcome to Horizon Healthy Eating. CDM PubIishing, LLC, D. B. A. as Wise + Strong and Real Wellness (“Smart + Strong” or ” Actual Health”) supplies the Service for you (“you” or the ” Consumer “), subject to the following conditions and conditions, as they could be amended every once in awhile (the “Ts and Cs”). Smart + Good may amend or change the Cs and Ts with no warning, effective immediately, by publishing the Ts and Cs on thé Horizon Healthy Eating Site or by notifying an individual of the Ts and Cs otherwise. Smart + Good reserves the proper to discontinue, on a long lasting or momentary basis, the Service ( entirely or partly ) with no warning and without liability to an individual. If an individual uses the Services after Smart + Strong articles alterations to the Ts and Cs, an individual accepts the altered Ts and Cs.
By registering for or using the Service an individual agrees to the Ts and Cs. Smart + Strong may offer certain services that will be governed by different or additional conditions and conditions. All such additional conditions and conditions are hereby incorporated by reference into the Ts and Cs.
2 . DESCRIPTION OF SERVICE
Smart + Strong offers True Health Personals, an internet dating program for the African American network, and could offer other services, such as for example bulletin chat and boards suites, on its Horizon Healthy Eating Site (the ” Program “) for only use under a nonexclusive, non-transferable, and nonassignable license at the mercy of the Cs and Ts. The User doesn’t have the right to duplicate, sell, or elsewhere exploit for just about any commercial goal the Service ( entirely or partly ), access to the Service or utilization of the Service. Any ongoing service put into the Service will be governed by the Ts and Cs, unless Smart + Strong expressly provides that such service shall be governed by different conditions and terms.
The Program is provided “As Is. ” Smart + Stróng shall haven’t any liability for just about any interruption, mistake, omission, deletion, defect, delay, or other challenge with the ongoing program .
3. ELIGIBILITY FOR MEMBERSHIP
The Program is available and then those who can develop legally binding contracts under applicable regulation and so are at least 18 years. If you don’t qualify, please usually do not utilize the Service or some of our services that want your ability to contact form legally binding contracts. Smart + Solid may refuse usage of the ongoing provider to anyone, at any time, in its absolute and sole discretion.
4. USER’S OBLIGATIONS TO SUPPLY ACCURATE INFORMATION, CERTAIN OTHER Customer OBLIGATIONS AND TERMINATION
AN INDIVIDUAL represents and warrants that an individual will: (a) provide true, accurate, complete, and up-to-date information regarding the User as prompted by the elements of the Service and in the registration process; and (b) maintain and regularly update this information in order that it is always true, accurate, up-to-date and complete. If any given data provided by an individual is untrue, inaccurate, incomplete, or not likely up to date, if the User has got violated the Cs and Ts, or if an individual has violated the privileges of Good + others or Strong, smart + Strong will then, with no warning, terminate the User’s get and make use of the Service. Furthermore, Smart + Good reserves the right, in its absolute and single discretion, for just about any or no reason, without liability to an individual, to refuse usage of the Service to an individual .
It’s the User’s responsibility to set up, be in charge of and purchase the Internet access assistance connecting the User’s pc to the web to help an individual to get access to the Service.
5. USAGE OF INFORMATION, PRIVACY, Articles AND LICENSE
Your profile or username might not include telephone numbers, street addresses, last names, URLs, é-mail addresses or other identifiable cóntact info.
Wise + Strong retains the proper to restrict: the quantity and proportions of e-mails a person in the Service might send to other users and the amount of occasions and duration a person in the Service may gain access to the Support during any period.
You are advised never to join the ongoing program when you are offended by adult-oriented conversations and material, as Real Overall health Personals and several other portions of the ongoing program can include such content.
In order to promote value for the sensitivities of all known members of the service, Smart + Strong reserves the proper never to post any photograph that Smart + Stróng will not consider appropriate.
To allow Smart + Good to use and publish your details that you tend to make publicly on Horizon Healthy Eating regarding the your make use of the Service (” Individual Information”), an individual grants Smart + Strong an important non-exclusive, worldwide, perpetual, irrevocable, royalty- 100 % free, sublicenseable (through multiple tiers) straight (including all moral privileges ) and license to employ, reproduce, modify, adapt, publish, perform, prépare derivative functions from, distribute, and screen User Information ( entirely or partly ) also to incorporate it found in other works, in almost any form, media or concept known or soon after developed, for the entire term of any privileges that may exist found in User Information.
6. USE OF COPYRIGHTED, OTHER or TRADEMARKED Covered MATERIAL
The User might not exactly post any information or what to Horizon Healthy Eating that are actually copied, entirely or partly, from third-party resources without the other party’s authorization. This consists of:
scanning of photos created by others,
copying, modifying, and linking to codé, images, appear recordings, audiovisual text message or works created simply by others,
any various activities that could infringe the proprietary legal rights of others.
For further clarification, please start to see the U. S. Regulation on Copyrights, or start to see the websites of the U. S. Copyright U or Office. S. Trademark Office.
The User agrees never to post any information or items described above to ReaIHealthMag. com, including:
as attachments to the User’s profile
Good + Strong respects the intellectual residence rights of other folks and requires that an individual do in order well. Smart + Good will terminate the membership of end users who are do it again infringers of the intellectual residence rights of others.
If an User or visitor tó Horizon Healthy Eating believes her or his copyright as well as other intellectual property straight has been infringed as well as violated by a publishing on Horizon Healthy Eating, an individual as well as visitor should send notification to Good + Strong’s copyright agent, Jennifer Morton, immediately. To work, the notification must comprise of:
A physical or electric signature of a someone authorized to do something on behalf of who owns an exclusive right that’s allegedly infringed,
Identification of the copyrighted work or maybe other intellectual home claimed to have already been infringed or violated, or maybe if multiple allegedly infringed functions at Horizon Healthy Eating are actually covered by an individual notification, a representative directory of such works in that site,
Identification of the materials that’s claimed to end up being infringing or even to be at the mercy of infringing activity and that’s to be removed or perhaps access to that is to end up being disabled, and information reasonably adequate to permit Smart + Strong to locate the material,
Information reasonably satisfactory allowing Smart + Strong to get hold of the complaining special event, such as address, phone number and, if available, e-mail address at which the complaining party could be contacted,
A affirmation that the complaining special event has a decent faith belief that make use of the information in the way complained of isn’t certified by the copyright owner, its agent or the statutory rules ,
A statement that the info in the notification is accurate and, less than penalty of perjury, that the compIaining get together is authorized to do something on behalf of who owns an exclusive right that’s allegedly infringed or violated.
Or contact Wise + Strong’s copyright agent via phone, postal fax or mail
Smart + Strong
Interest: Jennifer Morton, Copyright Agent
212 West 35th Street, 8th Ground, NY, NY 10001-2508
Telephone: (212) 938-2058
Fax: (212) 675-8505
Smart + Strong will take appropriate remedial actions, which may are the removal of said infringing as well as violative items or information , from Horizon Healthy Eating. Be sure to try to make all notifications of alleged infringements ór violations promptly and invite Smart + Solid at least 48 time to examine and, if appropriate, take away the infringing or violative objects or materials.
Smart + Strong isn’t liable for material that’s copied from the User’s profiIe as well as postings.
7. PASSWORD AND SECURITY
The User will select a password about completing registration. AN INDIVIDUAL authenticates the User’s program by getting into the User’s password and thé User’s ID. AN INDIVIDUAL is in charge of keeping the confidentiality of the password ánd for all actions regarding the the User’s password. AN INDIVIDUAL must immediately notify Wise + Solid of any unauthorized make use of the User’s password or any various breach of security.
To keep carefully the User informed close to Smart + Strong’s best and newest offers, we would notify an individual of current promotions, specials and all new additions to Horizon Healthy Eating; we might also send an individual services announcements and administrative communications. AN INDIVIDUAL may certainly not unsubscribe to the information since it is area of the User’s membership. AN INDIVIDUAL can, on the other hand, terminate the User’s membership anytime by notifying Smart + Good at [email protected] Healthy Eating óf such termination; after such termination, an individual won’t receive such communications without the Usér’s prior consent.
8. ADDITIONAL USER RESPONSIBILITIES
The User will adhere to all applicable local, talk about, national and international regulations regarding the the User’s usage of the Service, shall in no way impersonate anybody or entity or falsely stand for User’s identity, and shall not interfere with the application of the Service by others, including, without limitation, by submitting any virus or other mechanism to the ongoing service, by transmitting spam, spam, bombs or unsolicited e-mail or by wanting to trigger the Service to crash. The User shall be liable for the content that the User publishes solely, transmits or shows on Horizon Healthy Eating and for all communications regarding the the User’s make use of the Service. Any legal or medical advice within e-mails, profiles or on Horizon Healthy Eating shouldn’t be considered an alternative for healthcare or legal services or care and really should only be utilized after consulting a doctor or lawyer.
AN INDIVIDUAL shall not utilize the ongoing service to talk any unlawful, annoying, harassing, defamatory, libelous, abusive, thréatening, harmful, vulgar, obscene or tortious articles (“content for uses of the Ts and Cs shaIl mean info, textual material, software, audio recordings, audiovisual is effective, photographs or other illustrations or other information or elements “) of any sort or any articles that invades, infringes or maybe violates the non-public or proprietary privileges of any entity or maybe person. AN INDIVIDUAL shall not try to gain unauthorized usage of other networks which may be hooked up to the Service.
You shall not utilize the Service to: post or elsewhere provide any content that promotes racism, bigótry, hatred or physical harm of any sort against any group or individual; harass or encourage harassment of other users of the Service; send unsolicited e-mail; content or provide content you understand to be inaccurate in any other case, misleading or illegitimate or that promotes conduct that is abusive, threatening, obscene, defamatory or libelous; póst or elsewhere provide content that exploits many people beneath the age of 18 in a sexual, different or violent objectionable approach, or solicits private information from anyone beneath the age of 18; in any way harm persons under the age of 18; provide instructional content material about unlawful activities; post or elsewhere make available content you don’t have the correct to offer; solicit passwords or privately identifiable information for financial or unlawful requirements from other participants of the Program or end users of Horizon Healthy Eating; or solicit several other members of the Program or end users of Horizon Healthy Eating to get or sell any goods and services without their prior consent.
AN INDIVIDUAL shall indemnify and have Smart + Strong harmless from any claim, demand, action, loss, expense or cost, including, without limitation, sensible attorney’s fees, arising out óf or regarding the the User’s utilization of the Service, the User’s bréach of any representation or guarantee in the Ts and Cs, the User’s violation or breach of the Ts and Cs or the User’s violation or infringement of the rights of others.
10. LINKS, THIRD-PARTY and ADVERTISING SERVICES
Links to other websites could be provided found in the Service. Certain Smart + Solid branded services could be provided by other parties. Smart + Strong will not be accountable for the availability of such external sites or third-party services, and does not endorse and is not liable or accountable for any content, advertising, service, products, or other information on or obtainable from such exterior sites, Horizon Healthy Eating, as well as than parties or for just about any damages due to or regarding the such content, advertising, program, product or other materials available from such sites or perhaps 1 / 3 parties.
11. Wise + STRONG’S PROPRIETARY RIGHTS
Information distributed around an individual through the Services and this content of the Services could be protected under copyright, trademark, patent ór other rules of america and foreign jurisdictions. Individual may use these details and content solely as expressly certified by Good + Strong or the different proprietors of the information and content material and may well not reproduce, display or perform publicly, distribute or prepare derivative gets results of such tips or articles without express authorization of the propriétors thereof. ” Legitimate Health”, “Smart + Good “, and certain various trademarks and provider marks shown on the Horizon Healthy Eating Site are trademarks and provider marks of CDM Publishing, LLC, ánd an individual shall not screen or otherwise use for just about any intent whatsoever such trademarks as well as provider marks without the last written authorization of CDM Publishing, LLC.
12. CARE IN Working with THE SERVICE
The User should be careful with all the Service. The User ought to be mindful in using the Assistance in order to avoid misrepresentations and other hazardous effects. Smart + Solid reserves the right anytime to screen or elsewhere monitor content that’s provided regarding the the Service and also to delete or take out any content material that violates the Ts ánd Cs or that Wise + Strong considers inappropriate, unpleasant, illegal, a threat to the rights or security of any known person in the Service or elsewhere objectionable. Smart + Strong does not monitor that the social many people who are using the Service are bona fide, that confidential information will be cared for as such or that this content provided is accurate, truthful, up-to-date or in no way misleading.
13. DISCLAIMERS and DISCLAIMERS OF WARRANTIES
Usage of the Service reaches the User’s single discretion and risk. The Assistance is provided “As Can be ” and “As Available. ”
Smart + Strong makes no warrantee that the ongoing service will be uninterrupted, secure, free from viruses or different mechanisms, or error-free. Good + Strong makes no guarantee regarding the results which may be acquired from the usage of the Service or regarding the accuracy or dependability of any info obtained through the Support. Smart + Strong makes no guarantee regarding any transaction entered into through the Service.
Smart + Strong will not make any guarantee regarding the results which may be obtained from utilization of Horizon Healthy Eating or perhaps its content or regarding the accuracy or dependability of any facts obtained through usage of Horizon Healthy Eating.
AN INDIVIDUAL understands and agrees that any contént and/or info downloaded or elsewhere obtained through the application of the Program or Horizon Healthy Eating reaches the User’s own discretion and risk and that an individual will be solely in charge of any harm to the User’s pc system or lack of data that outcomes from the download of such content material and/or data.
Smart + Strong disclaims all warranties expressly, whether implied or express, including, without limitation, the implied warrantiés of merchantability, fitness for a specific purpose and noninfringement.
The above exclusions of warranties might not apply to the user in jurisdictions that do not permit such exclusions.
14. LIMITATION OF LIABILITY
Good + Strong shall not come to be responsible for any direct, indirect, incidental, punitive, exempIary, special or maybe consequential damages of whatever kind and caused but , including, without limitation, personal death or injury, regardless if Smart + Strong knew as well as must have known of the opportunity of such damages, caused by the use or the shortcoming to utilize the ongoing service, Horizon Healthy Eating or this content posted or offered thereon or any conversation between Users otherwise, whether online or perhaps offline, mistakes, omissions, interruptions, deletions, defects, Internet or perhaps other delays, communication- range failures, thefts, destruction, or perhaps unauthorized usage of or alteration of Customer or Member communications, or perhaps the interruption, suspension or perhaps termination of the Services or perhaps the Horizon Healthy Eating internet site, as well as the procurement of alternative goods or services as well as any services or products purchased or obtained as well as information received as well as transactions entered into through the Program as well as the Horizon Healthy Eating webpage. Good + Strong’s cumulative liability to an individual for all statements arsing regarding the the Service shall certainly not exceed the total charges, if any, payable by an individual for the precise service giving surge to the claim.
The over exclusions or restrictions of liability might not apply to an individual in jurisdictions that usually do not permit such exclusions or constraints.
The Ts and Cs will be governed by the inner laws of the Talk about of NY applicable to agreements crafted and be fully performed therein, without giving effect to conflict of rules principles thereof. AN INDIVIDUAL and Smart + Solid shall post to the non-public and special jurisdiction of the courts based within the county of NY, State of NY.
If any provision of thé Ts and Cs is heId by a courtroom of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the utmost level permissible and the rest of the provisions of the Ts and Cs shall stay in full force and influence.
The paragraph headings are for benefits only and shall haven’t any effect about this is of the paragraph.
June 16 Effective, 2014