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Terms of Use

MOTHERS OF HEALTH LLC.

TERMS OF USE

 

 

These terms of use (as amended from time to time, this “Agreement“) governs your (“User” or “you”) access and usage of the Veggieman website www.veggieman.com (the “Website“). The Website is the property of Mothers of Health LLC, a Connecticut limited liability company, together with its affiliates, parent, subsidiaries, successors and assigns (collectively “MoH”), and its licensors. By accessing or using the Website, you agree to be bound by this Agreement. These terms of use shall be effective as of the date that you first access the Website, or subscribe to our newsletter, whichever is earlier, and thereby you accept these terms of use (the “Effective Date”). These terms of use hereby incorporate by reference MoH’s Privacy Policy (as amended, the “Privacy Policy”), as in effect from time to time as set forth on MoH’s website. MoH HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THIS AGREEMENT AND/OR THE PRIVACY POLICY.  User’s use of MoH’s Website after changes to this Agreement (or the Privacy Policy) are posted on MoH’s website will constitute User’s acceptance of any such amendments and modifications.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE MoH’S WEBSITE. 

  1. CONTENT DISCLAIMERS (NO MEDICAL ADVICE/NO RELIANCE)

This Website does not provide medical advice. The contents of the Website, including (without limitation), information, text, graphics, images, audio, video, illustrations, written postings, links, tools, data, interactive features, executable files, information obtained from MoH’s licensors, and any other material and information contained on the Website, or in newsletters, books and products made available by MoH and its licensors from time-to-time (collectively “Content”) are for informational purposes only. The Content is not to be considered medical advice, diagnosis or treatment, nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or for information regarding nutrition. Never disregard professional medical advice or delay seeking it because of something you have read on the Website.

If you think you may have a medical emergency, call your doctor or 911 immediately. MoH does not recommend or endorse any specific tests, physicians, products, procedures, recommendations, opinions, or other information that may be mentioned in the Content or on the Website. Reliance on any Content is solely at your own risk.

We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the Content may be out of date at any given time, and MoH is under no obligation to update such Content.

  1. Permitted Use of MoH’s Website 

You must be over thirteen (13) years old in order to access the Website and/or access any Content provided by MoH through use of the Website (collectively, “Services”), provide any personal information, or otherwise submit personal information through the Services or Website, including, but not limited to, your name or email address. Furthermore, by using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age and entered into this Agreement on your behalf.  

MoH will make available to you certain Services. The functionality or form of these Services may change without prior notice to you. MoH retains the right to expand or create limits on and related to use of the Services in its sole discretion at any time with or without notice. MoH may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability, pursuant to the terms of this Agreement. MoH may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content.

  1. Prohibited Use of MoH’s Services

MoH wants to ensure that certain behaviors do not jeopardize our users, threaten our infrastructure or damage our community. As such, MoH prohibits the following activities with respect to the use of its Services and Website: 

  1. You may not impersonate anyone or create fake subscription name and email address; 
  2. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Services;
  3. You may not sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the information or Content provided by MoH through the Website or Service, or any portion thereof, in any manner whatsoever;
  4. You may not “frame” or “mirror” any part of the Website without our prior written authorization; and
  5. You may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index or “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures.
  1. Registration

You do not need to register with MoH’s Website in order to navigate and explore the Website. As a condition to using certain Services or receive certain updates, however, you may be required to enter your name and email address. User acknowledges and agrees that all information provided to MoH will be accurate, current and complete. MoH reserves the right to terminate this Agreement and User’s use of the Website and Services at any time in its sole discretion. 

  1. MoH’s Rights

Subject to your compliance with this Agreement, MoH grants User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and make use of the Website and Services in accordance with the terms of this Agreement. MoH does not endorse or make any warranties or representations with respect to the accuracy, fitness, completeness or timeliness of any Content posted on the Website.

  1. Third-Party Links

MoH’s Website may contain links to third party websites for your convenience and it does not indicate any approval or endorsement by MoH of any linked website or any product or material contained on any linked website. MoH does not control the linked websites or the content provided through such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and MoH disclaims all liability for such use. By accessing any third party website or content, User does at its own risk and agrees that MoH will have no liability arising from User’s use of or access to any third party website or content.

  1. Copyright and Trademark

MoH respects third party intellectual property rights. As such, MoH developed a Copyright and Trademark Infringement Policy where third parties who believe their copyright or trademark rights have been violated can submit complaints to MoH. The Copyright and Trademark Infringement Policy is available at https://veggieman.com/copyright-and-trademark-infringement-policy/ 

  1. Ownership

The Website is owned and operated by MoH and its licensors, and the Services (and any intellectual property and other rights relating thereto) are and will remain the exclusive property of MoH and its licensors. The Website and the Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise expressly set forth in this Agreement, you may not copy, reproduce, duplicate, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile,  disassemble, use or otherwise exploit for any commercial purpose any part of the Website or any Service without MoH’s prior written permission. Use of the Website or any Services for any other purpose beyond the terms of this Agreement is strictly prohibited. USER ACKNOWLEDGES AND AGREES THAT USER DOES NOT ACQUIRE ANY OWNERSHIP RIGHTS BY USING THE WEBSITE OR ANY SERVICES.

Nothing contained in this Agreement, the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property of MoH or its licensors without the express written permission of MoH or MoH’s licensors (respectively).

  1. Term & Termination

This Agreement is effective from the Effective Date and shall remain effective until terminated in accordance with its terms. MoH may immediately terminate this Agreement, and/or your access to and use of the Website and Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice or liability. This Agreement will also terminate automatically if User fails to comply with any term or provision of this Agreement.

MoH reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, the Services, or any part or portion thereof, with or without notice to User. User agrees that MoH shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website or any Services, or any part of portion thereof. Upon termination of your access to or ability to use a Service your right to use or access such Service will immediately cease. Sections 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14 shall survive the termination of this Agreement.

  1. Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, THE INFORMATION AND THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE OR THE SERVICES, OR YOUR USE OF THE WEBSITE OR THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES, CONTENT AND INFORMATION AND YOUR RELIANCE THEREON.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MoH AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES, CONTENT AND/OR ANY LINKED WEBSITE, WHETHER OR NOT MoH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. USER’S SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, CONTENT OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, CONTENT, OR LINKED WEBSITE, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS AGAINST MoH AND ITS RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, AFFILLIATES, CONSULTANTS, SUCCESSORS AND ASSIGNS THAT MAY ARISE FROM USER’S ACCESS OR USE OF THIS WEBSITE OR SERVICES (INCLUDING THE CONTENT). 

  1. Indemnification

User agrees to fully indemnify, defend, and hold MoH, its licensors, agents, successors, assigns, members, managers, directors, officers, shareholders, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) User’s breach of this Agreement; (b) User activities in connection with the Website or other websites to which the Website is linked; and/or (c) User’s negligence or willful misconduct.

  1. Jurisdictions and Governing Law

User agrees that for any dispute User has with MoH, it will contact MoH first and attempt to resolve the dispute with us informally. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MoH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions. The parties hereby irrevocably submit and consent to the jurisdiction of all federal and state courts in New York and hereby irrevocably agree that the sole venue for all disputes under this Agreement shall lie exclusively in New York County, New York. 

  1. Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In such case, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected. This Agreement, together with the Privacy Policy, is the entire agreement between User and MoH relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be changed, waived or modified except by MoH as provided herein or otherwise by written instrument signed by MoH. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by User except with MoH’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. MoH may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

  1. Acknowledgment

You have independently sought the use of the Website, and MoH has not otherwise solicited use of the Website. You are not receiving anything of value as inducement to use the Website. 

  1. Contact Us

MoH welcomes your questions or comments regarding the Terms of Use at [email protected].

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    At Mothers of Health our mission is your family’s wellbeing.  Our Children’s health is a direct  result of the foods they consume. We need to empower our children to make the right choices, and saying no to Junk and ultra-processed foods is an import part of making the right choices.  With this in mind I wrote “The Adventures of Veggieman: Food Fight”.  To unify children and unify mothers across the globe to raise healthier children.”

    -Karla Farach-
    MS
    Integrated Nutrition Health Coach
    Author “The Adventures of Veggieman: Food Fight”
    Founder of Mothers of Health LLC

    The Doctors of the future will no longer treat the human frame with drugs,
    but rather will cure and prevent disease with nutrition

    -Thomas Edison