The use of this site or any other site owned or maintainedby He and She Eat Clean, LLC, a limited liability company organized andexisting under the laws of the State of Georgia (hereafter “He and She EatClean”) 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 otherinformation 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 theterms and conditions set forth below. Your decision to subscribe to anyand all He and She Eat Clean Newsletters signifies your acceptance of the termsand conditions set forth below.
In consideration of using the Services provided by He andShe Eat Clean, LLC you hereby, on behalf of yourself, your heirs,beneficiaries, personal representatives, successors and assigns, do herebyindemnify, hold harmless, insure, or defend He and She Eat Clean, LLC,including its, officers, agents, or employees, against liability or claims fordamages, losses, or expenses, including attorney fees, arising out of bodilyinjury to persons, death, or damage to property caused by or resulting from thesole negligence of He and She Eat Clean, LLC, or its officers, agents, oremployees.
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 thatparticipation in the activities involve a certain degree of risk. Youhave carefully also considered the risk involved and have given consent foryourself to participate in the activities. You understand thatparticipation in the activities is entirely voluntary and requires participantsto abide by applicable rules and standards of conduct. You voluntarily assumeall risks of loss, damage, or injury, including death, that may be sustained byyour involvement in the activity.
Third Party Interactions
During use of the He and She Eat Clean Website, you mayenter into correspondence with, purchase goods and/or services from, andparticipate in promotions of advertisers or sponsors showing their goods and/orservices through the Website. Any such activity, and any terms,conditions, warranties or representations associated with such activity, issolely between you and the applicable third-party. He and She Eat Clean shallhave no liability, obligation or responsibility for any such correspondence,purchase or promotion between you and any such third party. He and She EatClean does not endorse any sites on the Internet that are linked through itsWebsite. He and She Eat Clean provides these links to you only as a matter ofconvenience, and in no event shall He and She Eat Clean be responsible for anycontent, products, or other materials on or available from such sites. He andShe Eat Clean provides products to you pursuant to the terms and conditions ofthis Agreement. You recognize, however, that certain third-party providers ofancillary software, hardware, or services may require your agreement toadditional or different license or other terms prior to your use of or accessto such software, hardware, or services. By using this site to search foror link to another site, you agree and understand that you may not make anyclaim against He and She Eat Clean, LLC for any damages or losses resultingfrom your use of this site to link to another site.
Disclaimer of Warranties
He and she eat clean makes no representation, warranty, or guarantyas to the reliability, timeliness, quality, suitability, truth, availability,accuracy or completeness of any information on this site. He and she eat cleandoes 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 otherhardware, software, system or data, (b) the site or he and she eat clean’sproducts will meet your requirements or expectations, (c) any stored data willbe accurate or reliable, (d) the quality of any products, services,information, or other material purchased or obtained by you through the servicewill meet your requirements or expectations, (e) errors or defects will becorrected, or (f) the service or the server(s) that make the service availableare free of viruses or other harmful components. The service and all content isprovided to you strictly on an “as is” basis. All conditions, representationsand warranties, whether express, implied, statutory or otherwise, including,without limitation, any implied warranty of merchantability, fitness for aparticular purpose, or noninfringement of third party rights, are herebydisclaimed to the maximum extent permitted by applicable law by he and she eatclean.
Limitation of Liability
In no event shall either party’s aggregate liability exceedthe amounts actually paid by and/or due from you in the 12 month periodimmediately preceding the event giving rise to such claim. In no event shalleither party be liable to anyone for any indirect, punitive, special, exemplary,incidental, consequential or other damages of any type or kind (including lossof data, revenue, profits, use or other economic advantage) arising out of, orin any way connected with this site or he and she eat clean, including but notlimited to the use or inability to use the site, or for any content obtainedfrom or through the site, any interruption, inaccuracy, error or omission,regardless of cause in any information contained herein, even if the party fromwhich damages are being sought have been previously advised of the possibilityof such damages. Certain states and/or jurisdictions do not allow the exclusionof implied warranties or limitation of liability for incidental, consequentialor certain other types of damages, so the exclusions set forth above may not applyto you.
He and She Eat Clean may give notice by means of a generalnotice on the www.heandsheeatclean.com Website, electronic mail to your e-mailaddress on record in He and She Eat Clean’s account information, or by writtencommunication sent by first class mail or pre-paid post to your address onrecord in He and She Eat Clean’s account information. Such notice shall bedeemed to have been given upon the expiration of 24 hours after mailing orposting (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 noticeshall be deemed given when received by He and She Eat Clean) at any time by anyof the following: letter sent by email to He and She Eat Clean at the followingemail address (whichever is appropriate): email@example.com, letterdelivered by nationally recognized overnight delivery service or first classpostage 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 termsand conditions of this Agreement or its policies relating to its products andservices at any time, effective upon posting of an updated version of thisAgreement on the www.heandsheeatclean.com Website. You are responsible forregularly reviewing this Agreement. Continued use of the Service after any suchchanges shall constitute your consent to such changes.
With respect to U.S. Customers, this Agreement shall begoverned by Georgia law and controlling United States federal law, withoutregard to the choice or conflicts of law provisions of any jurisdiction, andany disputes, actions, claims or causes of action arising out of or inconnection with this Agreement or the Service shall be subject to the exclusivejurisdiction of the state and federal courts located in [name of state]. If anyprovision of this Agreement is held by a court of competent jurisdiction to beinvalid or unenforceable, then such provision(s) shall be construed, as nearlyas possible, to reflect the intentions of the invalid or unenforceableprovision(s), with all other provisions remaining in full force and effect. Nojoint venture, partnership, employment, or agency relationship exists betweenyou and He and She Eat Clean as a result of this agreement or use of thisWebsite. The failure of He and She Eat Clean to enforce any right or provisionin this Agreement shall not constitute a waiver of such right or provisionunless acknowledged and agreed to by He and She Eat Clean in writing. ThisAgreement, together with any applicable Form and policies, comprises the entireagreement between you and He and She Eat Clean and supersedes all prior orcontemporaneous negotiations, discussions or agreements, whether written ororal, 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 orinvolving the He and She Eat Clean, LLC, by using the Services, you agree thatthe dispute will be governed by and construed in accordance with the laws ofthe State of Georgia without regard to any conflict of law provisions. Inaddition, any such dispute, controversy or claim shall, upon the request of anyparty involved, be submitted to and settled by, mediation, in the City ofAtlanta, State of Georgia. If the dispute cannot be settled by mediation,then you agree to Binding Arbitration to resolve the dispute. The bindingarbitration shall take pace in the City of Atlanta, State of Georgia, before asingle arbitrator, pursuant to the commercial arbitration rules then in effectof the American Arbitration Association or at any time or at any other place orunder any other form of arbitration mutually acceptable to the parties soinvolved. Any award rendered shall be final and conclusive upon the parties anda judgment thereon may be entered in the highest court of the forum, state orfederal, having jurisdiction. You hereby submit to the personaljurisdiction by and venue in the state and federal courts located in FultonCounty, Atlanta, Georgia.
If any provision of this Agreement is held by a court ofcompetent jurisdiction to be invalid or unenforceable, then such provision(s)shall be construed, as nearly as possible, to reflect the intentions of theinvalid or unenforceable provision(s), with all other provisions remaining infull force and effect.
No joint venture, partnership, employment, or agencyrelationship exists between you and He and She Eat Clean as a result of thisagreement or use of this Website or the Services. The failure of He and She EatClean to enforce any right or provision in this Agreement shall not constitutea waiver of such right or provision unless acknowledged and agreed to by He andShe Eat Clean in writing. This Agreement, together with any applicable Form andpolicies, comprises the entire agreement between you and He and She Eat Cleanand supersedes all prior or contemporaneous negotiations, discussions oragreements, whether written or oral, between the parties regarding the subjectmatter contained herein.
Questions or Additional Information
If you have questions regarding this Agreement or wish toobtain additional information, please send an e-mail firstname.lastname@example.org.
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The material on this website is provided for educationalpurposes only and is not to be used for medical advice, diagnosis or treatment.The use of this site, its newsletters, information and/or services, oranyother site owned or maintained by He and She Eat Clean, LLC, is governed by thepolicies, terms and conditions set forth in the Terms of Service. Alwaysconsult your physician before beginning any exercise or nutrition program.