Healthy Nutrition Tracker (HNT) Terms of Services
Thanks for using Healthy Nutrition Tracker (HNT) ("Service"). These Healthy Nutrition Tracker (HNT) Terms of Service ("Terms of Service") describe your rights and responsibilities as a customer of Healthy Nutrition Tracker (HNT).
These Terms are between you ("you") and JJFitzgerald Business Consultants, LLC ("JJFitzgerald", "we" or "us"). By registering for the Service, you are agreeing to be bound by the following Terms. Please read these Terms before using the Service. If you do not agree to these Terms, you may not register for the Service.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If we make material changes to these terms, we’ll let you know either through the application or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to firstname.lastname@example.org. If we do not hear from you within ten days, the revised terms will apply to you.
Healthy Nutrition Tracker (HNT) is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at email@example.com. When you use the application, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
We never use or access your content unless you specifically permit us to for support reasons. Beware: other providers do not take this approach, and you may grant them rights to use your content as they wish.
We own our stuff; you own yours.
You retain ownership of all content you post, upload to, or otherwise share on the application.
All Healthy Nutrition Tracker (HNT) content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the application are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
Healthy Nutrition Tracker (HNT) deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
You may not post, upload, or otherwise place any content or information on the application that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the application, please send a notice of copyright infringement containing the following information to the designated agent at the address below:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
· Contact information for the notifying party, including name, address, telephone number, and email address.
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the application that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:
· A physical or electronic signature.
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
· A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
· Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
· Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.
Healthy Nutrition Tracker (HNT) is designed to help people write and collaborate together; as such, we have some ground rules which you must adhere to when using the application. You agree not to do any of the following:
· Threaten other users with violence.
· Use hateful, abusive, harassing, libelous, or obscene language towards other users;
· Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
· Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
· Use the application to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
· Use the application to distribute viruses or other harmful, disruptive, or destructive files;
· Use or attempt to use another person’s account;
· Disrupt or interfere with the security of, or otherwise abuse, the application, or any servers or networks connected to the application;
· Attempt to obtain unauthorized access to the application;
· Impersonate another person;
· Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
· Systematically harvest data from the application, or programmatically register accounts on the application;
· You further agree that you are responsible for your actions in relation to the application, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
HNT Provides subscriptions & In app purchase to connect to HNT Coaches. HNT Coaches are well experienced fitness and health coaches which provide guidance to user who connect to them. These subscriptions are monthly subscriptions and can be charged to HNT users from their respected account. HNT users can use iPhone or Android app to purchase these subscriptions. Subscriptions are auto renew and can be cancelled anytime from respected accounts. For iPhone users, can go to Apple account, subscriptions and find Health nutrition subscription and cancel if required. For Google account, subscriptions can be cancelled from users Google account. Once Purchases are done cannot be rolled back by HNT, HNT users has to cancelled from their accounts to stop further subscriptions of the services. For more information you can contact us at firstname.lastname@example.org
You can cancel your account at any time by sending an email to email@example.com. If you like, you may export your documents prior to canceling your account. Upon canceling your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.
We will strive to prevent interruptions to the service and be good stewards of your data. However, the application and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the application or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the application at your own discretion and risk.
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the application; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the application, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
We may at any time decide to alter, amend, modify, or terminate the application, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the application or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with the laws of the United States, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the application in the courts located within the United States, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the application or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the application. You may not assign any right, interest, or benefit provided under these terms or through the application without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the application and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the application to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By using the Services, you understand that there may be copies of your text on the Internet or elsewhere which are not reported in the results. JJFitzgerald Business Consultants, LLC is not liable for any omission or inclusion in the results provided by the Services. The Services use a search engine index to find copies of your application, so they may miss text contained in Flash animations, images such as JPEG and GIF, movies such as QuickTime, or other formats that are not picked up by search engines. The Services may also miss new text on the Web that has not yet been indexed.
Automated querying of Healthy Nutrition Tracker (HNT) by any means is strictly prohibited, unless via a documented Healthy Nutrition Tracker (HNT) API. Failure to comply may cause your access to Healthy Nutrition Tracker (HNT) to be permanently blocked.
DISCLAIMER OF WARRANTIES AND LIABILITY. Due to the sources from which content in the Services is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Services. The Services and all information provided by JJFitzgerald Business Consultants, LLC are provided "as is". Use of the Services and any information received through it are entirely at your own risk. NEITHER OPHEUS TECHNOLOGY LTD, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, RELEVANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICES. JJFITZGERALD BUSINESS CONSULTANTS, LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBAPPLICATIONS. IN NO EVENT WILL JJFITZGERALD BUSINESS CONSULTANTS, LLC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICES. JJFITZGERALD BUSINESS CONSULTANTS, LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF JJFITZGERALD BUSINESS CONSULTANTS, LLC, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES OR THE CONTENT IN THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO JJFITZGERALD BUSINESS CONSULTANTS, LLC FOR THE USE OF THE SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT JJFITZGERALD BUSINESS CONSULTANTS, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
INDEMNIFICATION. Subscriber agrees to defend, indemnify and hold harmless JJFitzgerald Business Consultants, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Services by Subscriber or Subscriber's account.