(Last Updated: April 19, 2013)
HealthMastery Ltd Terms and Conditions
Thank you for your interest HealthMastery’s programs , a subscription-based online diet and exercise program (the “Program”) brought to you by HealthMastery Ltd.
Your use of the Website constitutes your consent to be bound by the terms and conditions of this Agreement, and your continued use of the Website constitutes your consent to be bound by any modifications made to the terms and conditions of this Agreement, and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, do not use the Website or order any items or membership services (the “Service(s)”) from it.
1. MEDICAL INFORMATION
The Website is not a medical provider. We do not endorse or recommend the products or services of any particular health care provider or evaluate or determine your need for any particular product, service or information. We do not give individual medical, therapeutic or other medical-related advice or advocate any particular treatment or course of treatments, diagnosis, cure, therapy or other related product or service for any individuals or practitioners. You should evaluate all information provided by the Website, including information posted by other users (including Members, defined below) of the Website on your own.
Any advice or information provided through the website or ticket system at www.healthmasteryonline.com/help is not intented to replace the advice of any health care provider. Healthmastery Ltd or or its affiliates are not responsible for any injury, illness or other condition associated with following any advice given through the program.
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE WEBSITE ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING OR TREATMENT. BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A DIET OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. HealthMastery Ltd reserves the right (BUT DOES NOT HAVE THE OBLIGATION) TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE WEBSITE IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. hEALTHmASTERY lTD RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE WEBSITE. INFORMATION AND STATEMENTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
In becoming a Member with the intent of using the Website, you affirm that you have consulted with your health care provider who has determined that participation in the Program is appropriate and safe for you, particularly if any of the following is true or if you have any other health condition:
* You have been medically diagnosed as living with diabetes, hypoglycemia, heart disease, high cholesterol, high blood pressure, advanced liver disease, an orthopedic and/or arthritic condition, or any other underlying cardiovascular or pulmonary condition
* You have a heart condition
* You have felt chest pain when engaging in physical activity
* You have experienced chest pain when not engaged in physical activity at any time within the past month
* You have lost your balance because of dizziness and/or you have lost consciousness
* You have a bone or joint problem that could be made worse by a change in your physical activity
* Your physician is currently prescribing drugs for your blood pressure or heart condition
* You have a personal and/or a familial (i.e., genetic) history of high blood pressure or heart problems
* You are allergic to nuts, eggs, dairy products or any other foods
* You are presently following a diet plan provided to you by a physician or other medical professional for health reasons
* You are pregnant, breastfeeding or lactating
It is understood that people with Diabetes and/or Pre-Diabetes will join one of HealthMastery’s program, but the information set forth on the website is still meant only to provide general guidance and education. You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the content of the Website will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition and whether the Program is appropriate for you. Your participation in the Program and your use of the Services are at your own risk.
From time to time we include promotional offers in our newsletters. You can opt out anytime.
Because email communications are critical to providing you timely notice regarding changes in Service policies or required updates in your account profile, you cannot maintain your subscription to the Service without receiving emails from HealthMastery about your account and the Service for the duration of your subscription. .
Results of HealthMastery’s Program may vary, and HealthMastery’s Success Stories are provided for inspirational purposes only and may not be representative of your experience when incorporating certain HealthMastery Program principles into your daily lifestyle.
5. GENERAL TERMS AND CONDITIONS
If you have any questions or concerns with respect to this Agreement or the Website, you may contact a representative of HealthMastery on www.healthmasteryonline.com/help
You may also contact us at:
PO BOX 33105
North Shore City 0740
Modifications to this Agreement
Ownership, Trademarks and Copyright
All right to, title to, and interest in the content displayed on the Website, including without limitation, the Website’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of or are otherwise owned, controlled or licensed by HealthMastery Ltd or its applicable partners, agents or third parties. The Website and the content herein are protected by worldwide copyright and trademark laws.
HealthMastery is a registered trademark of HealthMastery Ltd. All rights reserved. All other trademarks appearing on HealthMastery’s websites are the property of their respective owners.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers, is protected by copyrights, trademarks, patents, or other proprietary rights and laws (“Intellectual Property Rights”). Except as expressly authorized by HealthMastery Ltd herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including without limitation, any software) available through the Website. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of becoming a Member, submitting payment information, or using the Website as a shopping resource or educational resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Website in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of HealthMastery Ltd. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of HealthMastery Ltd.
THE INFORMATION IN THIS WEBSITE AND ANY COMMUNICATIONS THEREFROM IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HealthMastery Ltd NOR ITS SUPPLIERS OR AGENTS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. HealthMastery Ltd AND ITS SUPPLIERS AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, ITEMS, OR OTHER MATERIAL ON THE WEBSITE. WHILE HealthMastery STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, HealthMastery Ltd AND ITS SUPPLIERS AND AGENTS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
Disclaimer of Warranties With Respect to Use of Website
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HealthMastery Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. HealthMastery Ltd DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HealthMastery Ltd MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HealthMastery Ltd OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HealthMastery Ltd , ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS BE LIABLE FOR LOSS OR INJURY OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY PHYSICAL HARM, ILLNESS, DEATH, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; OR (4) PARTICIPATION IN THE PROGRAM AND ANY OTHER USE OF THE SERVICES.
You agree to indemnify and hold harmless HealthMastery Ltd, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website; information you submit or transmit through the Website; your breach of this Agreement; and your connection to the Website.
Modification or Suspension of the Website
You agree that HealthMastery Ltd may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that HealthMastery will not be liable for the consequences of doing so.
You agree that HealthMastery Ltd may, in its sole discretion, and at any time, terminate your use of the Website, without prior notice to you, for any reason that HealthMastery, in its sole discretion, deems appropriate. You further agree that HealthMastery Ltd will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitations of Actions Brought Against HealthMastery Ltd
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
® HealthMastery Ltd 2011 All rights reserved.
HealthMastery is serious about protecting your online privacy. This Privacy Statement explains our views and practices concerning privacy, and how they may pertain to you as a user of our website.
“You” or “Your” means you as a participant in or as a user of HealthMastery websites. “We” or “Our” or “Us” means HealthMastery websites. “Our site” means HealthMastery Websites.
All information transmitted, printed or otherwise submitted to HealthMastery websites via this website shall be deemed to be the property of HealthMastery ltd websites and HealthMastery ltd shall be free to use such information for any lawful purpose as detailed herein.
This site contains links to other sites and we are not responsible for the privacy practices or the content of such sites.
We reserve the right to release such information to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with the law.
Section 1: Collected Information
We automatically collect and/or track the following:
Web page http headers (home server domain names, IP address, type of client computer, and type of Web browser);
information knowingly provided by you through on-line forms, registration forms, surveys, and/or other entries, such as email addresses, personal, financial or demographic information;
information, user specific or aggregate, on what pages our visitors access; and
E-mail addresses of visitors that communicate with this website via e-mail.
Section 2: Use of Data Collected
We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our company and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online. By using this site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.
Section 3: Disclosure of Data to Third Parties
If you choose to provide personal information, it will be used for the following purposes:
considering you for a product;
as required by law; and
for marketing products and services which we determine, in our sole judgment, that you might find of interest. We reserve the right to share, rent, sell, or otherwise disclose data we collect to third parties. Any third party we share, rent, sell, or otherwise disclose data to will be prescreened by us, determined by us to be reputable, and will use the personal data for marketing products and services which we determine, in our sole judgment, that you might find of interest.
Section 4: Your Opt-Out Rights
You may opt-out of receiving communications from us and/or our partners by not submitting your information. We also allow you to remove your information from our marketing lists. If you remove your information from our marketing lists it will no longer be used by us to send promotional correspondence to you. You can remove your information from our marketing lists by clicking on the “Unsubscribe” link at the bottom of every email we send you, or by sending your request, in writing, via support ticket at www.healthmasteryonline.com/help
Section 5: We Do Not Intend to Collect Data from Children
The information and services provided to us or our affiliates, sponsors, and advertisers are not intended to be viewed by children (under 18 years old). No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside this website. No part of this web site is structured to attract anyone under the age of 18.
Section 6: Our Right to Contact You
Section 7: Our Right to Change
Section 8: Our Contact Information
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us via email sent to: www.healthmasteryonline.com/help
Section 9: Anti Spam Policy. Can-Spam Act Compliance
Our websites are dedicated to ensuring compliance with the ‘Can-Spam Act’, which took effect January 1, 2004.
Acknowledging your application has been received and requesting additional action
Requests for additional information to support your current application
Response to your inquiries regarding the status of your transactional requests
Thanking you for your valued business
Advertisements for our products, services, changes in services, new product availability
Advertisements for third party products and services where we have determined that such product or service may be of interest to our customers
To ensure compliance with the Can-Spam Act, HealthMastery ltd has implemented the following guidelines for email delivery:
All emails sent to you by FreeWeddingDiet.com will clearly identify HealthMastery ltd as the sender. FROM / SENDER: email@example.com (NOTE: The actual sender will alter from department to department, but all from addresses will end with @healthmasteryonline.com.
The Subject Line of any email you receive will always accurately describe the subject matter of the email.
Any email from HealthMastery ltd will include the ability to unsubscribe from future email messages.
Unsubscribing will ensure the customer is removed from ALL lists at HealthMastery ltd; this excludes customer service emails regarding the processing and status of a current product.
All emails sent to you directly by HealthMastery ltd include valid postal address information in the footer.
All third party marketing partners are required to comply with the Can-Spam Act.
Emails sent to you directly by HealthMastery ltd will include an email address and physical address where you can send suggestions, complaints or other correspondence.
Section 10: Information for ISPs
Web site: HealthMastery ltd & all related website
Email Address: infoAThealthmasteryonlineDOTcom
(Please replace “AT” with @ and “DOT” with .)
HealthMastery ltd understands consumers’ concerns over the use of their personal information. We hope this information will relieve any concerns your company may have regarding our email policies.HealthMastery ltd and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy or desire to send unsolicited email. We obtain email addresses and personal information from third parties that follow the same set of policies. HealthMastery ltd email messages sent always include information about the origin of the emails and instructions on how recipients can unsubscribe from receiving future email messages.
From time to time, HealthMastery ltd will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case the third party websites have represented and warranted to us, among other things,
that the data was collected voluntarily from individuals on website registrations and co-registrations,
that the sellers have a right, under any applicable privacy statements, to transfer the data to us, and
that HealthMastery ltd has the right to send marketing offers to the individuals.
We hope this information satisfies any questions or concerns you may have regarding the email practices of HealthMastery ltd. If you have additional questions or wish to discuss this matter further, please contact us at: infoAThealthmasteryonlineDOTcom (Please replace “AT” with @ and “DOT” with .)