Terms & Conditions

Terms of Use TheHealthy Melissa, LLC

Last Updated 10/2017


TERMS & CONDITIONS

Please read the following Terms of Use before using or registering with The Healthy Melissa Blog.  These terms govern your access and use of this site.  If you do not agree to these terms and conditions, please do not use this Website.


INTELLECTUAL PROPERTY RIGHTS

This entire Website and its contents, including but not limited to text, graphics or code is copyrighted as a collective work and is the property of The Healthy Melissa, LLC.  The collective work includes works that are licensed to The Healthy Melissa, LLC.  Copyright 2017, The Healthy Melissa, LLC.


USE OF THIS WEBSITE

Subject to these Terms of Use & Conditions, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, limited license to access and use the Website for your personal, non-commercial use.  You may print hard copies and electronically copy portions of this Website for the purpose of placing an order with us or purchase products or for your own non-commercial, personal use.  Any other use is strictly prohibited.  You further agree that you will not use any portion of this Website in any form for commercial use or gain.


USER GENERATED MATERIALS

In the event that you post or upload to the Website or any other social media outlets managed or owned by The Healthy Melissa, LLC including but not limited to Instagram, Facebook, Snap Chat, Pinterest, Tumblr, or Twitter, you grant us a license to use the submissions you post.  By downloading, displaying, performing, transmitting or distributing content, you are granting us a license to use the submission in connection with the operation of our business.  You will not be compensated for our use of any submissions.  By posting, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute the submission.  You agree that we may use, reproduce, distribute, create derivative works of and publicly display submissions.

Harassment in any matter or form on the site, including via e-mail, comments uploads, chat or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including a The Healthy Melissa,  LLC or other licensed employee, host or representative, as well as other members or visitors on the Website, is prohibited.  You may not upload to distribute or otherwise publish through the Website or other social media platforms 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 right 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 other to join or become members of any other commercial online service or other organization.


ACCESS BY MINORS

In order to purchase or register for an account, you must be 18 years of age.  If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you may not place an order on this Website.  Please see our Privacy Policy for more information about use of this Website by persons under the age of 18.

We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors, pursuant to 47 U.S.C. Section 230 (d), as amended.


REGISTRATION

If you set up an account with us to order products, you are agreeing to provide accurate and true information about yourself and to continue to maintain and update to keep it accurate.  This includes your email address.  If any of this information you provide to use is untrue, incomplete or outdated, we reserve the right to terminate your access and use of the Website.

You are responsible for maintain the privacy and confidentiality of your user name and password for any and all activities conducted through your account.  You agree not to transfer or resell your use and access to a third party.  You are responsible for all of the activity on your account, including the use of your account by other people who you may or may not have authorized to use it.  Please notify us immediately of any breach of security or unauthorized use of your account.


MEDICAL, NUTRITION, AND PRODUCT INFORMATION

Any information on this Website has not been evaluated by the FDA and is not meant to diagnose or treat any ailment as this should be done by a medical doctor. The supplements on this website have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease.  It is important to remember that each individual’s body has specific requirements for nutrition and/or health.  Therefore, the information offered on this Website is for historical and general information only and is not to be construed as medical advice or treatment for anyone.  Nothing on this Website is legal advice or medical advice or treatment.  The use of herbs and other natural remedies is a natural right.

All material and information are intended to be used for personal education or informational purposes only.  The statements or products are not intended to diagnose, treat, cure or prevent any condition or disease.  All products should be used strictly as intended.  Please check all ingredients to prevent potential allergic reactions.  Use of this Website is not meant to substitute for medical care or advice.  Please consult with your doctor or medical professional regarding the use of any goods, products or information. If you are in need of medical attention call 911 or your physician immediately.


COPYRIGHT ISSUES

We support the protection of copyrights and follow the rules of the Digital Millennium Copyright Act of 1998 (DMCA), which provides recourse for copyright owners believed to be infringed upon.  If you believe any content on this Website infringes your copyright, please contact us at the below address with a notice of request to remove the materials.

The Healthy Melissa, LLC

e-mail: info@thehealthymelissa.com


TERM AND CONDITION

These Terms of Use & Conditions remain in effect until terminated.  They are applicable upon your accessing the site and/or completing a registration or shopping process.  We may immediately terminate these Terms and your access at any time for any reason, with or without cause, upon notice to you.  Certain provisions will remain in effect after the termination as allowable by law.


LINKED DESTINATIONS

This Website may direct you to third-party websites through advertisements and/or posted content.  We have no control over third party properties and are not responsible for their content or privacy and other practices.  Redirection does not warrant approval or endorsement by us.  We are not responsible for any damage, loss or costs associated with third-party sites.  Please become familiar with their practices and policies.


WARRANTY DISCLAIMER

WE HEREBY DISCLAIM ALL WARRANTIES.  THIS WEBSITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGES OR LOSS TO THE EXTENT PERMITTED BY LAW.  WE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE AS ALLOWABLE BY LAW.


INDEMNITY

You agree to indemnify, defend and hold harmless The Healthy Melissa, LLC its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of this Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  The Healthy Melissa, LLC will notify you promptly of any such claim, loss, liability, or demand and will provide you with reasonable assistance, at your expense in defending any such claim, loss, liability, damage or cost.


LIMITED LIABIILTY

The Healthy Melissa, LLC LIABILITY TO YOU IS LIMITED.  TO MAXIMUM EXTENT AS PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABLILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form of action.


WAIVER AND SEVERABILITY

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.


MISCELLANEOUS

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law provisions.  You agree that any dispute that may arise between you and The Healthy Melissa, LLC shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of Florida, without giving effect to any choice or conflict of law provisions or rule (whether of the State of Florida or any other jurisdiction).  DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW, BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WIAVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIALS.  WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.  ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.


ASSIGNMENT

These Terms of Use and any rights granted hereunder may not be transferred or assigned by you.  We may assign our rights under these Terms of Use without restriction.


ENTIRE AGREEMENT

These Terms of Use, our Privacy Policy and the other agreements referred to herein, if any, constitute the sole and entire agreement between you and The Healthy Melissa, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.


ACKNOWLEDGEMENT

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.