1. Acceptance of Terms of Use. Alanna D’Aries RD, d/b/a Happy Body Nutrition, LLC provides its online services and Web Site to you, the User, subject to this Terms of Service Agreement (“TOS”). Happy Body Nutrition reserves the right to alter the TOS at any time without notice to User. By using the Happy Body Nutrition web site, located at the URL https://www.happy-bodynutrition.com/, User agrees to abide by this TOS Agreement.
2. Online Services and Disclaimer of Warranty. The Happy Body Nutrition web site provides online resources including, but not limited to, online information regarding Happy Body Nutrition’s services and newsletter. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources and informational content on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT. Happy Body Nutrition assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Happy Body Nutrition web site.
3. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Happy Body Nutrition web site, or privately transmitted through the Happy Body Nutrition web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Happy Body Nutrition web site. Happy Body Nutrition does not and cannot control the informational content Users transmit through the Happy Body Nutrition web site. Under no circumstances shall Happy Body Nutrition be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Happy Body Nutrition be held liable for any errors or omissions in any informational content transmitted by Users.
4. User conduct. User agrees to not use the Happy Body Nutrition web site to:
(a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
(b) harm legal minors;
(c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
(d) impersonate another User, person, or entity, including any official or employee of Happy Body Nutrition;
(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
(f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
(g) interfere with the operation of Happy Body Nutrition’s web servers or other computers or Internet or network connections;
(h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
(i) upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
Happy Body Nutrition does not pre-screen uploaded, posted or transmitted content, but Happy Body Nutrition reserves the right to inspect, edit and delete any content that Happy Body Nutrition knows, or has reason to know, has violated this TOS Agreement. Happy Body Nutrition reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Happy Body Nutrition may disclose any informational content Users post, upload or transmit to the Happy Body Nutrition web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Happy Body Nutrition , the public, or other Users.
5. Content submitted by Users. Happy Body Nutrition does not claim ownership of any informational content submitted by Users to the Happy Body Nutrition web site. User grants Happy Body Nutrition a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Happy Body Nutrition web site. This license exists only so long as User allows its content to remain on the Happy Body Nutrition web site and will terminate in the event that User removes such content.
6. Indemnity. You agree to indemnify and hold Happy Body Nutrition , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Happy Body Nutrition web site.
8. Limits and modifications. Happy Body Nutrition may establish without notice limits on the use of its web site, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the Happy Body Nutrition web site. Happy Body Nutrition reserves the right to modify any and all portions of the Happy Body Nutrition web site without notice. Under no circumstances shall Happy Body Nutrition be liable to User or any other party for such limits or modifications.
9. Third party advertisers. Happy Body Nutrition may allow third party advertisers to advertise on the Happy Body Nutrition web site. Happy Body Nutrition takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. Happy Body Nutrition shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
10. Hyperlink policy. The Alanna D’Aries RD, d/b/a Happy Body Nutrition, LLC site contains hyperlinks to other Internet sites not under the editorial control of Alanna D’Aries RD, LLC d/b/a Happy Body Nutrition. These hyperlinks are not express or implied endorsements or approvals by Alanna D’Aries RD, d/b/a Happy Body Nutrition, LLC of any products, services or information available from these sites.
11. Happy Body Nutrition’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Happy Body Nutrition copyrighted or trademarked material, including graphic files and software, available on the Happy Body Nutrition web site.
12. No warranties. THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT.
13. Limitation of liability. ALANNA D’ARIES RD, D/B/A HAPPY BODY NUTRITION, LLC’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). ALANNA D’ARIES RD, D/B/A HAPPY BODY NUTRITION LLC IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
14. No Medical Advice. The Content may include health or medical related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via this website or otherwise, and nothing contained in this website should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of this website or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in this website. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.
15. Notice. Notices may be posted to the Happy Body Nutrition web site or e-mailed to Users using the e-mail address Users submitted during the registration process.
16. General. This TOS Agreement constitutes the entire agreement between you and Happy Body Nutrition and governs your use of the Happy Body Nutrition web site. This TOS Agreement shall be governed by the laws of the State of New York. User agrees to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The failure of Happy Body Nutrition to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
17. Violations. Please report any known or suspected violations of the Terms of Use, including any suspected copyright or trademark violations, to alanna@happy-bodynutrition.com
