March 13, 2017
Thank you for visiting a Mindful Health, LLC website, which includes the following websites:danettemay.com, eatdrinkshrinkplan.com, myfitrise.com, thefitrise.com, fitrise.com, members.fitrise.com, flatabsdvd.com and foreverfitchallenge.com (hereinafter, the “Website(s)”). Please read the following information carefully prior to using this Website or purchasing a product from us, as these terms and conditions govern your use of this Website. By accessing this Website or purchasing a product from us, you are acknowledging and accepting these terms and conditions.
Please also read carefully, and note the MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION below.
1. Websites Notice Regarding Medical Advice And Content
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. This Website is an educational service that provide general health information and are intended only to assist users in their diet and exercise plan. COMPANY is not a medical organization and COMPANY’s staff will not give you medical advice or diagnosis. If you are pregnant or breastfeeding, you should consult your doctor before starting any diet or exercise programs. Nothing contained on this Website should be construed as medical advice or diagnosis. The information and materials provided by COMPANY should NOT be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.
Please see our Disclaimers Policy for additional disclaimers that apply to you.
WARNING: This Website may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use this Website.
2. Ability to Accept Terms and Conditions
COMPANY DOES NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN.
3. Intellectual Property Rights Ownership
All Website content and materials (“Website Materials”) available on this Website are the property of COMPANY, its affiliates, licensors, or the designated owners and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Website Materials.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website or any of COMPANY’s other Websites is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact COMPANY using the contact information listed in the section entitled “Contacting Us”.
4. Refund Policy
On most products, COMPANY generally offers a money back guarantee for a limited amount of time (such as 30 days). Details regarding the refund option that applies to you, if any, will be stated on your order form when you place your order.
5. Product Delivery/Membership Site/Conduct
A. For products that you purchase from COMPANY that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
B. For products that you purchase from COMPANY that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission.
C. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this Website are at your own risk.
D. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies for distribution, or use the content for public display or performance unless otherwise stated.
E. COMPANY reserves the right to discontinue or modify without notice or liability, any portion of this Website.
F. You affirm, represent, and warrant that your participation on this Website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
G. You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.
H. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
I. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
6. Third Party References/Hyperlinks
This Website and/or any of COMPANY’s other Websites may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
7. Good Samaritan Policy
It is COMPANY’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. COMPANY reserves the right to remove, disable, or restrict access to the availability of Website Materials on the Websites that, in COMPANY’s subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon COMPANY any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Websites.
If you believe someone has violated this policy, COMPANY asks you to promptly notify its Customer Service department by e-mail at (support@DanetteMay.com) or by phone 855-221-1588 (attention: User support.) You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.
8. Contacting Us
Attention: Mindful Health, LLC
1153 Bergen Pkwy Suite 133
Evergreen, CO 80439
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE CONTENT PROVIDED ON THIS WEBSITE OR ANY OF ITS OTHER WEBSITES. YOU AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY CONTENT OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH CONTENT. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE CONTENT ON THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. COMPANY, LLC IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM ITS WEBSITES THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITES, HAVE EXPIRED, OR HAVE BEEN REMOVED.
BY USING THIS WEBSITE OR ANY OF COMPANY’S OTHER WEBSITES, YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH ANY OF THE WEBSITES OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON ANY OF THE WEBSITES, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.
C. Independent Disputes. COMPANY has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other COMPANY users. COMPANY reserves the right, but has no obligation to, monitor disputes between you and other members.
13. Governing Law and Jurisdiction
14. Arbitration of Disputes
NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.
(b) In the event of a dispute that proceeds to arbitration, the parties agree to split the costs charged by an arbitrator 50/50 (with each party being liable to pay half of the arbitrator’s bill for time spent on the case). The Parties shall each bear the cost of their own attorney’s fees, arbitration filing fees, and all other third party fees, except as specified herein for splitting the cost of the arbitrator’s time.
15. Class Action Waiver