Order Policy – Shipping
Delivery Method and Timing
At Healthy Lifestyle Secrets, LLC we make every effort to fulfill your order within 24 hours of receipt. Orders received before 4:00 p.m. CST Monday-Friday will be fulfilled the same day, after 4:00 p.m. on the following business day. If for some reason we can not fulfill your order within that time frame, we will contact you at the telephone number provided. We ship via USPS and UPS, Monday through Friday. Shipment is via USPS Parcel Post and/or UPS Ground, and delivery is within 2-8 days from date of shipment.
Order Policy – Return/Refund
At Healthy Lifestyle Secrets, LLC we want you to be completely satisfied with your purchase. Because our products are perishables, and personal items, our return and refund policy is limited to certain criteria. We have framed our Return / Refund Policy to meet the needs of our customers while still recognizing the business environment. If you need to return an item, please review the complete details of our return policy below to determine if any special return conditions apply.
Damaged or Wrongly Shipped Items
If you have received the wrong product, or it is damaged in shipment, the request for exchange should be submitted within 3 days of the delivery date. After return of the item as per “Conditions for Return”, replacement for damaged/ wrongly shipped items will be made.
Perishable Items: In case of perishable items such as beverage mixes, protein bars and other food items, a refund will be entertained only if they are wrongly shipped. Please note that, due to extreme temperatures during summertime, some products such as chocolate protein bars are at risk for melting. When shipping, we will ensure limited exposure to the elements; however, we cannot guarantee their condition upon arrival and recommend that you refrigerate such items for 24 hrs. after receipt.
Refund for non-delivery of Items
In case of missed/non-delivery of items, while the recipient is away, the order will be repeated once more after the stipulated day. In case of non-delivery of an item altogether, then the refund for the same will be made.
Lost or Stolen Packages
Healthy Lifestyle Secrets highly recommends you have your packages delivered to a location where someone can receive the package when delivered. Please note that Healthy Lifestyle Secrets is no longer liable for the package once it has been delivered to addressed location if for any reason the package is lost or stolen there after delivery.
Partial Refunds will be made in case of multiple goods being ordered and one/few items amongst that list is/are not delivered. In such cases, customers will be refunded only against non-executed deliveries.
Refund against cancelled orders
Refund will be made only against approved cancelled orders. Please call Healthy Lifestyle Secrets, LLC for approval.
Conditions for Return
Perishables and personal care items – May not be returned, unless defective or wrongly delivered. Any items returned must be in new condition with its original packing and accessories intact or it may be subject to a restocking fee.
Note: Refund for item(s) or exchange for damaged/ wrongly shipped item(s) will be transacted after deducting the shipping/handling charges.
Duration of Returns:
Returns on Credit Card: Please allow up to two billing cycles for the return credit to appear on your credit card statement.
Alternative Method – Store Credit: If credit cannot be issued to your credit card, then on mutual acceptance a store credit will be issued i.e. order worth the refund amount can be used in future from your store credit for other purchase. Store credit must be used within 120 days of issuance.
Please email or call us if you have questions about products or this Return / Refund policy.
Send an email to email@example.com
Send a request by mail to:
Healthy Lifestyle Secrets, LLC
8900 White Settlement Rd.
Fort Worth, TX 76108
Use of Customer Information
Healthy Lifestyle Secrets, LLC respects the privacy of its customers and takes steps to prevent unauthorized disclosure of customer information to third parties. Customer information includes any and all information received by Healthy Lifestyle Secrets, LLC from its customers, whether such information is received by email, online forms, telephone, facsimile, mail or otherwise. Healthy Lifestyle Secrets, LLC stores this information to enable it to fulfill orders or to improve the level of service to its Customers. Healthy Lifestyle Secrets, LLC also shares certain personal and/or financial information with its merchant account and banking vendors to process orders and payments and with common carriers to ship products to you. Unless required by law or by court order, Healthy Lifestyle Secrets, LLC will not disclose, share or sell any customer information to any other third party without your prior authorization.
Personal and Financial Information Collected by Healthy Lifestyle Secrets, LLC
Throughout our website there are forms that request information from you and/or allow you to purchase products and services. These forms typically ask for contact information (such as name, mailing address and email address) , login and password information and financial information (such as credit card number, expiration date and verification code) required to process your order and ship products to you. Healthy Lifestyle Secrets, LLC will collect similar information when processing orders via telephone. The provision of such information by you is entirely voluntary. If you elect or opt in to receive information from us, we will ask for a valid email address and telephone number so we can inform you of other products or services available or to contact you about your opinion of current products and services or potential new products and services that may be offered. You may opt out of receiving future mailings from Healthy Lifestyle Secrets, LLC by following the procedures detailed in the Choice/Opt Out section located below, on forms located on our website or in emails you receive from us. You may also request that we delete any personal information from our customer databases at any time by contacting Healthy Lifestyle Secrets, LLC.
The Healthy Lifestyle Secrets, LLC website may contain links to other websites not affiliated with Healthy Lifestyle Secrets, LLC, including websites of Healthy Lifestyle Secrets, LLC’s, vendors and service providers. Healthy Lifestyle Secrets is not responsible for the privacy practices or the content of such other sites. By including links to other websites, we neither endorse such sites nor guarantee that the information they contain is accurate. We encourage you to be aware when you leave our site to read the privacy statements of every linked website as the privacy policies of each may differ from ours. This privacy statement applies solely to Healthy Lifestyle Secrets, LLC.
Healthy Lifestyle Secrets, LLC is under no obligation to monitor the conduct of its website users, but it may investigate and respond if violations are reported. Healthy Lifestyle Secrets, LLC reserves the right to delete, remove or exclude any listing or information, in its sole discretion, that does not meet its intent and guidelines for the services offered on the website.
Governing Law and Jurisdiction
This Policy, and Healthy Lifestyle Secrets, LLC’s, collection and use of customer information, shall be governed and interpreted in accordance with the laws of the United States and the state of Texas.
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.
We are committed to preventing others from unauthorized access to the personal information you provide to us, and we maintain commercially reasonable procedures and technology designed for this purpose. This website has reasonable technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology in order to improve the protection of customer information.
We suggest that you install anti-virus software on your computer and routinely check for viruses, keyloggers, spyware and other programs that may become installed on your computer without your permission. If you believe that you have received a virus from Healthy Lifestyle Secrets, LLC, please contact us as soon as possible so that we may take remedial measures to remove the virus.
Healthy Lifestyle Secrets, LLC does not send emails to customers requesting billing, login or password information. If you receive an email purporting to be from Healthy Lifestyle Secrets, LLC that asks you to provide personal or account information, or login and passwords, do not provide such information unless you have first verified that the website or email is from Healthy Lifestyle Secrets, LLC. Such emails may be fraudulent and used in connection with scams known as phishing. Healthy Lifestyle Secrets, LLC asks that you report any suspicious emails or websites to Healthy Lifestyle Secrets, LLC.
Choice/Opt Out and Contact Information
You may request copies of or have Healthy Lifestyle Secrets, LLC make changes or corrections to personal information in Healthy Lifestyle Secrets, LLCs’ possession by contacting Healthy Lifestyle Secrets,LLC at firstname.lastname@example.org.
You may opt out of receiving further communications from us or others through any of the following methods:
Send an email to email@example.com
Send a request by mail to:
Healthy Lifestyle Secrets, LLC
8900 White Settlement Rd.
Fort Worth, TX 76108
Terms of Service
These terms and conditions (“Standard Terms”) are incorporated by reference into the order (the “Order”) submitted by the below indicated Client or its agency (jointly and severally, “Client”) to Healthy Lifestyle Secrets, LLC. In the event of a conflict between these Standard Terms and the Order, these Standard Terms shall govern. These Standard Terms and the Order are collectively referred to herein as the “Agreement.”
1. Term of Agreement
The term of the Agreement commences on the date Healthy Lifestyle Secrets, LLC delivers written (or electronic) confirmation of its acceptance of Client’s Order (the “Acceptance Date”), and terminates on the End Date set forth in the Order or forty-eight (48) hours after either party delivers written notice to the other of its intent to terminate this Agreement for any reason. In the event of any termination, Client shall remain liable for any amount due under an Order, which obligation to pay shall survive any termination of this Agreement. Anything herein to the contrary notwithstanding, the provisions of the Agreement relating to confidentiality and any other provisions which by their nature should survive termination or expiration of this Agreement, shall so survive.
2. Acceptance/Rejection of Orders
Submission of your completed Order is merely an offer to Healthy Lifestyle Secrets, LLC to use commercially reasonable efforts to provide the products and services and deliver the deliverables described in the Order for the price proposed therein. The Order is not binding on Healthy Lifestyles Secrets, LLC unless or until Healthy Lifestyle Secrets, LLC delivers written confirmation of its acceptance of the Order to the Client. Healthy Lifestyle Secrets, LLC reserves the right, in its sole discretion, to accept or reject any Order. Acceptance of an Order only obligates Healthy Lifestyle Secrets, LLC to use commercially reasonable efforts to provide the products and services described in the Order. In the event Healthy Lifestyle Secrets, LLC accepts an Order, Client shall have thirty (10) days to make its survey available to Healthy Lifestyle Secrets, LLC as requested by the Order. In the event Healthy Lifestyle Secrets, LLC rejects an Order, it may propose an alternative price and/or product or service for the Order, which such alternative proposal shall be merely an offer to the Client to provide such products and services and deliver such deliverables as specified in the alternative proposal. Unless otherwise stated in such an alternative proposal, the alternative proposal shall be valid for a period of thirty (3) days from the date of proposal. If not accepted by Client (as confirmed in a writing received by healthy Lifestyle Secrets, LLC) during such period, Healthy Lifestyle Secrets, LLC alternative proposal shall be automatically revoked.
3. Term of Payment
Promptly after sending written confirmation of its acceptance of Client’s Order, Healthy Lifestyle Secrets, LLC will invoice Client the amount set forth in the Order. Unless otherwise stated in Healthy Lifestyle Secrets, LLC insertion order: (i) payment of one hundred percent (100%) of such amount shall be payable to Healthy Lifestyle Secrets, LLC upon receipt of the invoice in the Order. In the event Healthy Lifestyle Secrets, LLC is unable to obtain the specific or alternative products or services in an Order in accordance with the terms of such Order, Healthy Lifestyle Secrets, LLC will: (i) reduce the Order price charged to Client by a price equal to the products or services unable to provide in the Order; and (ii) provide Client with a five percent (5%) discount on its next Order accepted by Healthy Lifestyle Secrets, LLC. In the event of any failure by client to make payment, Client will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Healthy Lifestyle Secrets, LLC in collecting such amounts. Without limiting any other remedy available to Healthy Lifestyle Secrets, LLC in law or equity, in the event that Client is in default of its obligations hereunder, including without limitation delinquent in payments required to be made hereunder, Client shall upon notice by Healthy Lifestyle Secrets, LLC cease-and-desist from any further use of any products or services acquired under this Agreement. All payments due hereunder are in U.S. dollars and are exclusive of any applicable taxes. Client shall be responsible for all applicable taxes.
During the term of this Agreement, and until such time as the “Confidential Information” (as defined below) is no longer protected as a trade secret or confidential information under Texas law, neither party will use or disclose any “Confidential Information” of the other party except as specifically contemplated herein. “Confidential Information” means information that: (1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality. Subject to the foregoing: (i) Confidential Information of Healthy Lifestyle Secrets, LLC includes, but is not limited to, the sources from which it obtains survey respondents, and the methods by which it obtains survey respondents; and Confidential Information of either party includes, but is not limited to, technical or non-technical data, a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, and the terms of the Order. Confidential Information does not include information that: (i) has been independently developed by the receiving party without access to the other party’s Confidential Information; (ii) has become publicly known through no breach of this Section by the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure; (iv) has been approved for release in writing by the disclosing party; or (v) is required to be disclosed by a competent legal or governmental authority. At the request of the disclosing party, the receiving party shall return all of the disclosing party’s Confidential Information to the disclosing party.
5. Warranty; Disclaimer
Healthy Lifestyle Secrets, LLC warrants that: (i) it will provide its services hereunder in a professional and workmanlike manner; and (ii) the third parties with which it contracts to assist it in obtaining respondents for surveys are required by their agreements with Healthy Lifestyle Secrets, LLC work to comply with the federal CAN-SPAM Act. WITH THE EXCEPTION OF THE PRECEDING WARRANTY, HEALTHY LIFESTYLE SECRETS, LLC MAKES NO WARRANTY WITH RESPECT TO ANY MATTER INCLUDING, WITHOUT LIMITATION, ITS SERVICES AND DELIVERABLES HEREUNDER, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY OR FUNCTIONALITY OF ANY ASPECT OF THE SERVICES OR DELIVERABLES HEREUNDER.
6. Limitations of Liability
In the event that Healthy Lifestyle Secrets, LLC fails to deliver any services or deliverables, including nutritional products and advice, in accordance with, and within the time period(s) set forth in, the applicable Order, or in the event of any other failure, technical or otherwise of such services or deliverables, the entire liability of Healthy Lifestyle Secrets, LLC and the exclusive remedy of Client shall be limited to the price reduction and future credit set forth in Paragraph 3 above. IN NO EVENT SHALL HEALTHY LIFESTYLE SECRETS, LLC BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE SAMPLE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL HEALTHY LIFESTYLESECRETS, LLC AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED THE AGGREGATE AMOUNT OF THE ORDER. Without limiting the foregoing, Healthy lifestyle Secrets, LLC shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Healthy Lifestyle Secrets, LLC. Client acknowledges that Healthy Lifestyle Secrets, LLC has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties. It is further noted that products and services offered by Healthy Lifestyle Secrets, LLC are not intended to serve as a substitute for professional medical care. Please consult your health care practitioner for any health concern or before starting any new workout or nutritional program or ingesting nutritional supplements.
This Agreement and the Order constitute the entire agreement of the parties with respect to the subject matter of the Order. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in the State of Texas, the jurisdiction and venue of which the parties irrevocably consent to for this purpose. This Agreement may be amended only by a writing executed by a duly authorized representative of each party. Client shall make no public announcement regarding the existence or content of the Order without Healthy Lifestyle Secret’s, LLC prior written approval, which approval shall not be unreasonably withheld. Any notices under this Agreement shall be sent to the addresses set forth in the Order (or in a separate writing) by facsimile or nationally-recognized express delivery service and deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
By submitting its Order to Healthy Lifestyle Secrets, LLC, Client assent and agrees to these Standard Terms.
HLS StayConnected™ And Subscription Services Terms
TERMS: For the purposes of this agreement, the terms “Our,” “Us,” or “We” refers to Healthy Lifestyle Secrets, our instructors, agents, and employees of Mirus3. The terms “You” and “Your” refers to all users of the Healthy Lifestyle Secrets website, customers who purchase products from Healthy Lifestyle Secrets, Healthy Lifestyle Secrets students, and subscribers to the Healthy Lifestyle Secrets online programs and subscriptions.
By using Our Website and/or one of our fee-based products or offerings including Our classes, products, and subscription programs, you agree to the terms and conditions set forth in the following terms and conditions. We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. After we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, You should not use Our Website, or Our Fee-Based Products and you should arrange to cancel Your registered user account or subscription with us, as applicable.
TEXT MESSAGING OPT-IN: Enrollees in the any Healthy Lifestyle Secrets Subscription based programs will automatically be enrolled in the Healthy Lifestyle Secrets texting program in order to send you messages to support the subscription content or updates, etc via text message. Depending on your carrier, msg & data rates may apply. To unsubscribe from this program, text STOP to 313131. For help text HELP anytime.
SCOPE OF THIS AGREEMENT: Unless we indicate otherwise, this Agreement applies to Your use of the websites, products, online learning, and subscription services which are owned or operated by Us, including, without limitation, this website and any other website, App, or online platform that we may own or operate currently or in the future (collectively, Our “Website”), including any software upgrades that may replace or supplement the original Website, and all of the Fee-Based Products that we may offer currently or in the future. Communications concerning the Offerings should be sent to Healthy Lifestyle Secrets, 8900 White Settlement Road, Fort Worth, Texas 76108
In addition to the applicable terms set forth herein, please note that access to any Classes or Events may be subject to additional terms and conditions which will be made available to you upon registration.
YOUR USE OF THIS WEBSITE, YOUR SUBSCRIPTIONS, AND ONLINE OFFERINGS: Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon, and the Fee-Based Products that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website and/or our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription to our Fee-Based Products is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Fee-Based Products subscribed to by you. To subscribe to our Fee-Based Products, you represent that you are a United States citizen over the age of 18, or resident over the age of 18 with a valid United States mailing address. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE.
By using this Website and/or our Fee-Based Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof), and/or our Fee-Based Products. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Fee-Based Products, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or any of our Fee-Based Products. You agree that any termination or cancellation of your access to, or use of, the Website and/or our Fee-Based Products may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Fee-Based Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website, and/or our Fee-Based Products, except for a refund of any fees or charges prepaid by you with respect to our Fee-Based Products in accordance with this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Website or our Fee-Based Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your subscription or registered user account, as applicable. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
From time to time, due to periodic maintenance and/or technical circumstances beyond Our control, this website and online services may be temporarily unavailable. You agree that this is standard operating procedure for Internet-based applications and that no refunds or extensions of Your subscriptions will be granted unless the service is unavailable for an extended period of time, the length of which is to be determined at the sole discretion of Healthy Lifestyle Secrets.
PROMOTIONAL TRIAL MEMBERSHIPS: We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
SUBSCRIBER CHARGES AND FEES: Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription. As a subscriber to one of our Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this Website, applicable taxes, and other charges and fees incurred in order to access our Fee-Based Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Fee-Based Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products. If you purchased a multiple- period prepayment plan or you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple periods (annual payment) and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Website and our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone, text message, and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.
C. For purposes of your use of our Fee-Based Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Fee-Based Products (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Fee-Based Products. You are obligated to check the “Account Settings” feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Account Settings feature of this Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
E. Except for multiple- period prepayment plans, your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria, or if we terminate your subscription to one of our Fee-Based Products prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether you logged onto our Website or used the Fee-Based Product during that month). If you subscribe to a prepayment plan for multiple periods and you decide to cancel during such prepayment period, we will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to our standard pricing in effect during such time and not subject to our special pricing offered through any prepayment plan. If your cancellation of your subscription to one of our Fee-Based Products is due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to one of our Fee-Based Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge we will refund any unused portion of such period on a pro rata basis.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
You can cancel your subscription by contacting Healthy Lifestyle Secrets at 817-546-0097 or emailing firstname.lastname@example.org, or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact us to have the charges reversed. If you use our Fee-Based Product during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
From time to time, we may have special, discounted multi-month recur bill plans with a predetermined cancellation fees in lieu of our standard cancellation policy. If you subscribe to such a plan and you decide to cancel at any time during the plan period, you will be charged the pre-determined cancellation fee as specified in the plan offer terms.
SUBSCRIPTION REFUNDS: Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged onto the Website during that month), are nonrefundable except as set forth below:
(1) Depending on when we receive your notice of cancellation, it is possible that we may have already charged you for your next subscription period. In that case, we will refund you the full amount for that next subscription period as long as you do not access any of the Fee-Based products on our Website during that next period.
(2) If your subscription is cancelled due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria, or due to your death, disability, or relocation prior to the end of a period for which you have incurred a charge, then, we will refund any unused portion of such period.
(3) If we terminate your subscription (as opposed to you canceling your subscription), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, we will refund any unused portion of such period on a pro rata basis.
(4) If you cancel your subscription and are entitled to a full refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used prior to your cancellation, to the extent permitted by law.
AVAILABILITY OF FEE-BASED PRODUCTS: The availability and use of our Fee-Based Products (or any portion thereof) may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Fee-Based Products or may terminate your subscription to our Fee-Based Products at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe to our Fee-Based Products, or we may limit the subscription to a certain Fee- Based Product only to individuals currently attending classes in participating areas or locations.
HEALTH DISCLAIMER: This Website and our Fee-Based Products provide health and weight loss management and information content published over the Internet and are intended only to assist users in their personal weight loss and healthy lifestyle efforts. Healthy Lifestyle Secrets is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website or through the Fee-Based Products should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website and the Fee-Based Products are intended for use only by healthy adult individuals and are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
Healthy Lifestyle Secrets makes no representation that material in the site is appropriate or available for use outside of the territory of the intended audience. In addition, nothing on this website should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Specific medical advice should always be sought from a qualified medical practitioner. We use reasonable efforts to update this website, but some information may become out of date over time. Except as specifically stated, Healthy Lifestyle Secrets makes no claims or warranties as to the accuracy, completeness, or use of the information contained on this website.
AUTOMATICALLY BECOME A REGISTERED USER: As a subscriber to one of our Fee-Based Products, you automatically become a registered user of this Website, which provides you with access to certain products, offerings, features, or resources of our Website. As a registered user you will be added to our e-mail, mailing, and/or text messaging contact lists. If you cancel your subscription to our Fee-Based Products, you will remain a registered user of our Website and other communications lists unless you specifically request otherwise.
DISCLAIMER OF WARRANTIES: While we take precautions to avoid viruses, we cannot guarantee that files will be free from viruses or other destructive code. You are responsible for implementing sufficient anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INTELLECTUAL PROPERTY/COPYRIGHT AND TRADEMARK NOTICE: No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You may read, view, print, download and copy the material on this website for your personal and non-commercial use, but only if you acknowledge the website as the source of the material and include the copyright statement “© Healthy Lifestyle Secrets, all rights reserved”. Unless specifically indicated, no other use of the material is permitted.
LINKS: Throughout our Website you may find links to external sources owned and operated by third parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.
This Website may contain user submitted recipes, images, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy at https://healthylifestylesecrets.com/copyright-policy/ for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
STANDARDS AND CONDUCT GUIDELINES: You acknowledge that all Content posted, emailed, or otherwise transmitted to, or on our online community which can be accessed via the Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to Website. We do not control the Postings posted, emailed or otherwise transmitted by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users (as described below), you understand that by using Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through our Website. You agree not to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to any user, a director, officer, employee, agent or representative of ours or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Website;
- Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience;
- Interfere with or disrupt our servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users; or
- Access or attempt to access another user’s account without his or her consent.
Your privilege to use and/or access the Website and contribute to discussions depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of this Website and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your access. We reserve the right to monitor some, all, or no areas of this Website for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings on Connect, we are acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Postings or activities, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to when it is posted or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove, and we are not liable for any loss you incur in the event that Content you post or transmit is removed.
MISCELLANIOUS TERMS: In any action against us arising from the use of this Website (including, without limitation, the Fee-Based Products), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Terms & Conditions (if applicable) and any Additional Terms, are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement, the Additional Terms and the Terms & Conditions, this Agreement shall control.
This Agreement may be modified only by our posting of changes to this Agreement on this Website or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.