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.
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.
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): firstname.lastname@example.org, 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.
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.
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.
Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to email@example.com.
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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.