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These Terms and Conditions (“Agreement” or “Terms”) constitute a binding written agreement between Humane Diet and its affiliated entities (collectively “Company,” “we,” “us,” or “our”) and you (“you” or “Customer”). To make these Terms easier to read, the services offered by and on https://humanediet.com/ (“Website”) are collectively called “Services.”
This Website is operated by the Company. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE. THESE TERMS ALSO INCLUDE A MANDATORY ARBITRATION CLAUSE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOG OFF IMMEDIATELY. Your use of this Website, purchase, or use of any of our products constitutes your agreement to these Terms and Conditions.
By utilizing our Websites (“Website” or “sites”), Services, and making any purchases from us, you expressly agree to the terms herein.
You consent and agree that your use of a keypad, mouse, or any other device to select an item, button, icon, checkbox, enter text, or perform a similar action while using our sites, for the purpose of accessing or completing any transactions related to any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature. This includes, without limitation, acceptance and agreement under the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), as if physically signed by you. Please note that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.
Humane Diet reserves the right to modify the sites, policies, and this Agreement at any time and without prior notice. IT IS ADVISED THAT YOU PRINT A COPY OF THIS AGREEMENT AND REGULARLY CHECK FOR UPDATES. Your continued use of our sites or any purchased product or service after any amendments signifies your acceptance of the revised terms. Except for changes initiated by us as outlined here, no other alterations or modifications to these Terms will be valid unless made in writing and signed by both parties. For any inquiries regarding these terms, please reach out to customer care at help@humanediet.com.
(i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Humane Diet Services or sites.
(ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Humane Diet Services or sites. Content includes User Content without limitation.
Any information submitted on the Humane Diet site is subject to the terms of this agreement, which are incorporated herein.
Humane Diet neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the sites, nor for any offensive, defamatory or obscene posting made by any user. Under no circumstances will Humane Diet be liable for any loss or damage caused by your reliance on information obtained through the content on the sites.
It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or other content available through the Humane Diet sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or other content, including but not limited to financial, health, or lifestyle information, opinion or other content.
Content Submissions
Visitors and users may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information. However, this content must not be:
- Illegal
- Obscene
- Threatening
- Defamatory
- Invasive of privacy
- Infringing of intellectual property rights
- Injurious to third parties
- Objectionable (e.g., containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or spam)
You may not use a false email address, impersonate any person or entity, or mislead others about the origin of your content.
Humane Diet reserves the right (but not the obligation) to remove or edit such content. However, we do not regularly review posted content.
Grant of Rights
If you post content or submit material, you grant Humane Diet and its associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to:
- Use
- Reproduce
- Modify
- Adapt
- Publish
- Translate
- Create derivative works from
- Distribute
- Display
such content throughout the world in any media.
You also grant Humane Diet and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
Representations and Warranties
You represent and warrant that you:
- Own or otherwise control all of the rights to the Content that you post.
- The Content is accurate.
- Use of the Content you supply does not violate this policy and will not cause injury to any person or entity.
- You will indemnify Humane Diet or its associates for all claims resulting from Content you supply.
Monitoring and Removal of Content
Humane Diet has the right, but not the obligation, to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any Content posted by you or any third party.
User Content Removal
You can remove your User Content by deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies may still exist. Humane Diet and its associates are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Viewing, printing, or downloading any content, graphic, form, or document from the Humane Diet website grants you only a limited, non-exclusive license for personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on or obtained from the Humane Diet website.
Illegal and/or unauthorized uses of the website include:
- Collecting usernames and/or email addresses of members by electronic or other means for sending unsolicited commercial email.
- Using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Humane Diet website other than for your personal use.
- Unauthorized framing or linking to the Humane Diet website.
Humane Diet will investigate any such violations and take appropriate legal action, including civil, criminal, and injunctive redress.
The materials on this site are provided “as is” and without any warranties, either express or implied. To the fullest extent permitted by law, Humane Diet disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or other violations of rights.
Humane Diet assumes no liability or responsibility for:
- Errors or omissions in the content of the Services or site.
- Defects that will not be corrected.
- Viruses or other harmful components on the Humane Diet site or the servers that make the materials available.
- Any failures, delays, malfunctions, or interruptions in the delivery of any Content on the site.
- Losses or damages arising from the use of the content provided on the sites.
- Conduct by users of the site, either online or offline.
Humane Diet does not warrant or make any representations regarding the use or the results of the use of the materials on any Services or sites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.
In no event, including, but not limited to, negligence, shall Humane Diet, its officers, directors, employees, or agents be liable (jointly or severally) for any direct, indirect, special, incidental, or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the Humane Diet site, even if Humane Diet or any Humane Diet representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
Humane Diet may provide links to other websites or resources that are not directly affiliated with the company. Humane Diet has not reviewed these sites and is not responsible for the accuracy, content, privacy policies, or availability of information found on sites that link to or from any Humane Diet site.
Humane Diet cannot guarantee your satisfaction with any products or services you purchase from a third-party site that links to or from any Humane Diet sites or from third-party content on our sites. Humane Diet does not endorse any of the merchandise, nor has it taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content.
Humane Diet makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. You hereby irrevocably waive any claim against Humane Diet with respect to such sites and third-party content. Humane Diet strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Neither Humane Diet nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this site.
Linking to the Humane Diet website:
- No link to the site may be framed in a way that suggests sponsorship, advertising, or other commercial content that is not from Humane Diet.
- Deep linking to internal pages of this website is expressly prohibited without prior written consent from Humane Diet.
If you use this site, you are responsible for keeping your account and password confidential and for restricting access to your computer. You also agree to accept responsibility for all activities that happen under your account or password. If you are under eighteen (18) years of age, you may only use our website with the involvement of a parent or guardian. Humane Diet and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Humane Diet and its associates attempt to be as accurate as possible. However, Humane Diet does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Humane Diet itself is not as described, your sole remedy is to return it in unused condition.
You agree to defend, indemnify, and hold harmless Humane Diet, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the site or your breach of these Terms or your infringement of any intellectual property or privacy right of any person. Humane Diet shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
Dispute Resolution
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in the Southern District of New York, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Governing Law and Venue
Further, you agree that any issue or dispute arising out of or in connection with your use of Humane Diet’s website, intellectual property, these Terms, or any matter concerning Humane Diet shall be governed by the laws of the United States and the State of New York with venue in the Southern District of New York.
Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Compliance with Laws
By using the Humane Diet website, you agree to comply with all applicable laws and regulations of the United States. The material provided on the website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Humane Diet makes no representation that materials contained on the site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services or site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
This website and all of its contents, including but not limited to articles, text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”), are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Humane Diet. You specifically acknowledge that this Agreement does not confer upon you any interest in or right to use any trademark or service mark of Humane Diet or its Affiliates, unless you first receive the prior written consent of Humane Diet, which Humane Diet may grant or withhold in its sole discretion.
Copyright Notice
The copyright in all materials provided on this site is owned by Humane Diet or its affiliates.
Restrictions on Use
Except as provided below, no materials on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Humane Diet.
Limited Permission to Use
Site visitors may only view, copy, print, and download the materials on the site for personal, non-commercial use only. Such materials must be used for informational purposes only, and all copies, or portions thereof, must include this copyright notice. Humane Diet reserves the right to revoke any of these permissions at any time. Upon termination of any permission granted hereunder, you must immediately destroy any downloaded and printed materials.
Unauthorized Use
Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Humane Diet reserves the right to terminate your access to the site or any of its services if it determines that you:
- Do not comply with these Terms.
- Provide false, inaccurate, or incomplete information during the registration process.
- Engage in any conduct that would otherwise harm any of Humane Diet’s rights or interests in its site, services, or other property.
- Violate any other terms for any reason whatsoever, with or without prior notice to you.
Upon termination, you must:
- Cease use of the Services and the site.
- Destroy all materials obtained from the site and all copies thereof, whether made under these Terms or otherwise.
Humane Diet Disclaimer
The information on this website is intended for informational purposes only and should not be considered medical advice. Before using any Humane Diet product, always read the entire label carefully and follow all directions.
Statements by Humane Diet
The statements made by Humane Diet regarding our products have not been evaluated by the Food and Drug Administration (FDA). The FDA does not evaluate or test herbs. Our products are not intended to diagnose, treat, cure, or prevent any illness or disease. Please consult with your physician for diagnosis or treatment. Use our products as instructed and be aware of any potential allergic reactions.
Information Provided
The information presented on this site is not intended to diagnose any disease, condition, or prescribe any treatment.
Individual Responsibility
If any individual uses the information presented on this site without the approval of a licensed healthcare professional, such as a psychologist, medical doctor, psychiatrist, or other qualified provider, they are essentially self-diagnosing.
No Liability Assumed
Neither the author, publisher, nor distributors of this information assume any responsibility if the information is used instead of consulting with a licensed healthcare professional. We make no guarantees of any kind regarding the performance or effectiveness of the products mentioned on this website.
FDA Disclaimer
This information has not been evaluated by the U.S. Food and Drug Administration, nor has it undergone the rigorous double-blind studies required before a product can be considered truly beneficial or potentially dangerous for the treatment of any condition or disease.
You and we agree that:
There are no third-party beneficiaries intended under Humane Diet’s Terms;
You are not an employee, agent, partner, or joint venture of Humane Diet and you do not have any authority of any kind to bind us in any respect whatsoever; and
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
If a court finds any portion of this Agreement unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between you and Humane Diet regarding the Site and supersedes all prior or contemporaneous agreements, representations, and understandings, whether written or oral, between you and Humane Diet.
You may not assign your rights or obligations under this Agreement without the prior written consent of Humane Diet.
Our failure to enforce any provision of this Agreement at any time or for any period shall not be construed as a waiver of such provision or of the right to enforce such provision at any subsequent time.
The headings used in this Agreement are for informational purposes only and are not to be considered as part of the Agreement.
