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The
A Healthy Alternative, LLC Website (the
"Service") is an online information and communications
service provided by A Healthy Alternative, LLC ("A Healthy
Alternative"), subject to your compliance with the terms
and conditions set forth below including, all exhibits hereto.
Please
read this document carefully before accessing or using the
service. By accessing or using the service, you agree to be
bound by the terms and conditions set forth below. If you do not
wish to be bound by these terms and conditions, you may not
access or use the service. A Healthy Alternative, LLC may
modify this agreement at any time, and such modifications shall
be effective immediately upon posting of the modified agreement.
You agree to review the agreement periodically to be aware of
such modifications and your continued access or use of the
service shall be deemed your conclusive acceptance of the
modified agreement.
- Operating Policies.
You agree to comply with the Operating Policies set forth in
Exhibit
A which are the rules that govern
your activity in connection with the Service as they may be
amended by A Healthy Alternative, LLC from time to time. A
Healthy Alternative, LLC has the right but not the
obligation to remove any communications and materials that A
Healthy Alternative, LLC believes in its sole
discretion violate the Operating Policies.
- Copyright, Licenses and Idea
Submissions.
The entire
contents of the Service are copyrighted under the United
States copyright laws. The owner of the copyright is A
Healthy Alternative You may print and download portions of
material from the different areas of the Service solely for
your own non-commercial use. You may make: (a) one machine
readable copy, (b) one backup copy, and (c) one print copy
of any portions of material downloaded from the different
areas of the Service solely for your non-commercial use. Any
other copying, redistribution, retransmission or publication
of any downloaded material, is strictly prohibited without
the express written consent of A Healthy Alternative or any
third party information provider to the Service. You agree
not to change or delete any proprietary notices from
materials downloaded from the Service. You agree to grant to
A Healthy Alternative a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and services)
you submit to public areas of the Service (such as bulletin
boards, forums and newsgroups) by all means and in any media
now known or hereafter developed. You also grant to A
Healthy Alternative the right to use your name in connection
with the submitted materials and other information as well
as in connection with all advertising, marketing and
promotional material related thereto. You agree that you
shall have no recourse against A Healthy Alternative for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to us.
- Use of the Service.
You understand that, except for information, products or
services clearly identified as being supplied by A Healthy
Alternative, A Healthy Alternative does not operate, control
or endorse any information, products or services on the
Internet in any way. Except for A Healthy
Alternative-identified information, products or services,
all information, products and services offered through the
Service or on the Internet generally are offered by third
parties that are not affiliated with A Healthy Alternative.
You also understand that A Healthy Alternative cannot and
does not guarantee or warrant that files available for
downloading through the Service will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to
the Service for the reconstruction of any lost data. You
assume total responsibility and risk for your use of the
service and the Internet. A Healthy Alternative does not
make any express or implied warranties, representations or
endorsements whatsoever (including without limitation
warranties of title or non- infringement, or the implied
warranties of merchantability or fitness for a particular
purpose) with regard to the service, any merchandise,
information or service provided through the service or on
the Internet generally, and A Healthy Alternative shall not
be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise
and other information provided through the service or on the
Internet generally. A Healthy Alternative does not warrant
that the service will be uninterrupted or error-free or that
defects in the service will be corrected. The service and
the software are provided on an "as is, as
available" basis.
You understand
further that
the Internet contains unedited materials some of which are
sexually explicit or may be offensive to you. You access
such materials at your risk. A Healthy Alternative has no
control over and accepts no responsibility whatsoever for
such materials.
In no event will A Healthy
Alternative be liable for (I) any incidental, consequential,
or indirect damages (including, but not limited to, damages
for loss of profits, business interruption, loss of programs
or information, and the like) arising out of the use of or
inability to use the service, or any information, or
transactions provided on the service or downloaded from the
service, even if A Healthy Alternative or its authorized
representatives have been advised of the possibility of such
damages, or (II) any claim attributable to errors,
omissions, or other inaccuracies in the service and/or
materials or information downloaded through the service.
because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, the
above limitation may not apply to you. In such states, A
Healthy Alternative liability is limited to the greatest
extent permitted by law.
- Indemnification.
You agree to indemnify, defend and hold harmless A Healthy
Alternative, its officers, directors, employees, agents,
licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement or any
activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the
Service using your Service account.
- Third Party Rights.The
provisions of paragraphs 3 (Use of the Service), and 4
(Indemnification) are for the benefit of A Healthy
Alternative and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those
provisions directly on its own behalf.
- Term: Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 2 (Copyright, Licenses and Idea Submissions), 3
(Use of the Service), 4 (Indemnification), 5 (Third Party
Rights) and 7 (Miscellaneous) shall survive any termination
of this Agreement.
- Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the State of New York applicable
to agreements made and to be performed in New York. You
agree that any legal action or proceeding between A Healthy
Alternative and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent
jurisdiction sitting in New York. Any cause of action or
claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. A
Healthy Alternative's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. A Healthy Alternative may assign its rights and
duties under this Agreement to any party at any time without
notice to you.
Exhibit A
OPERATING
POLICIES
Your participation in on-line
communications occurs in real time and is not edited, censored,
or otherwise controlled by A Healthy Alternative. A Healthy
Alternative cannot and does not screen content provided by users
of the Service. Notwithstanding the foregoing, A Healthy
Alternative reserves the right to monitor content on the Service
and to remove content which A Healthy Alternative, in its sole
discretion, determines to be harmful, offensive, or otherwise in
violation of these Operating Policies. In order to maintain an
informative and valuable service that meets the needs of the
users of the Service and avoids the harm that can result from
disseminating statements that are false, malicious, violate of
the rights of others, or otherwise harmful, it is necessary to
establish the following rules to protect against abuse:
| (l) |
You
may not post or transmit any message anonymously or
under a false name. |
| (ll) |
You
may not post or transmit any message which is libelous,
defamatory or which discloses private or personal
matters concerning any person. You may not post or
transmit any message, data, image or program which is
indecent, obscene or pornographic. |
| (lll) |
You
may not post or transmit any message, data, image or
program that would violate the property rights of
others, including unauthorized copyrighted text, images
or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks
used in an infringing fashion. |
| (lV) |
You
may not interfere with other users use of the Service. |
| (V) |
You
may not post or transmit any file which contains
viruses, worms, "Trojan horses" or any other
contaminating or destructive features. |
| (Vl) |
You
may not post or transmit any message which is harmful,
threatening, abusive or hateful. It is not the Service's
intent to discourage you from taking controversial
positions or expressing vigorously what may be unpopular
views; however, A Healthy Alternative reserves the right
to take such action as it deems appropriate in cases
where the Service is used to disseminate statements
which are deeply and widely offensive and/or harmful. |
| (Vll) |
You
may not post or transmit charity requests, petitions for
signatures, chain letters or letters relating to pyramid
schemes. You may not post or transmit any advertising,
promotional materials or any other solicitation of other
users of the Service for goods or services except in
those areas (e.g., a classified bulletin board) that are
designated for such purpose. |
| (Vlll) |
You
may not post or list articles which are off-topic
according to the description of the group or list or
send unsolicited mass e-mailings to more than
twenty-five (10) e-mail users, if such unsolicited
e-mailings provoke complaints from the recipients. |
| (lX) |
You
may not use the facilities and capabilities of the
Service to conduct any activity or solicit the
performance of any illegal activity or other activity
which infringes the rights of others. |
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