Acceptance of the Terms and Conditions
Your Healthy Turtle Account
In order to access some or all of the Services, we may require that you create an account (the “Account”) by registering directly with us. You agree to provide accurate and complete information when creating your Account, to update your information if and when changes occur, and that all communications and information provided by you through the Account shall be accurate and complete. If you create an Account, you shall have sole responsibility for the Account and anyone using your login information to access your Account. You are responsible for preventing unauthorized use. Your Account may not be sold or transferred to another person. If anything fraudulent or otherwise illegal is done with your Account, we reserve the right to hold you liable for any and all damages we may suffer, either directly or as a result of action against us by a third party.
We may terminate your Account at any time in the event of your breach of these Terms and Conditions, to be determined at Healthy Turtle’s sole discretion. If we terminate your Account as a result of breach, you may not re-enroll or join under a new account unless you receive a specific invitation. In addition, if your account is terminated, you lose any benefits you may have accrued while you had an Account with Healthy Turtle. We also reserve the right to terminate our offering of the Services, or any service offered through or related to the Account, for any reason (or no reason).
The Services are not intended to be used in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. You agree not to use the Services for any of the foregoing purposes or otherwise as or in conjunction with any medical device used in the diagnosis of disease or other condition, or in the cure, mitigation, treatment or prevention of disease.
As an express condition of using any of the Services, you represent and agree that you:
• have read and understand these Terms and Conditions;
• are 18 years of age or older;
• are a resident of the United States of America and are accessing the Services from the United States of America;
• are legally capable of entering into binding contracts;
• are not prohibited by law from accessing our Services and have not previously been banned, terminated or otherwise denied access to our Services by us;
• are not acting on behalf of a person whose access to our Services has been previously terminated or otherwise denied by us; and
• will comply with these Terms and Conditions.
Healthy Turtle is granting you a limited license to access and to use the Services in a personal and non-commercial manner. The Services are private property. We may limit your access to and privileges on the Services, and may seek other remedies, at any time in our sole discretion, including without limitation if you engage in any illegal or improper conduct as judged by us in our sole discretion. The following actions are prohibited under these Terms and Conditions and constitute a violation of this Agreement:
• Submitting false or inaccurate information;
• Committing illegal acts, including, without limitation, fraud with your account;
• Falsely disparaging or speaking badly about Healthy Turtle, the Services, or any of the businesses, entities or individuals on the Services;
• Using the Services to harass or threaten another user on the Services;
• Using the Services to solicit customers or businesses for commercial gain, including without limitation in any way that might harm or interfere with the business interests of Healthy Turtle;
• Attempting to access or log into an account that is not yours;
• Attempting to use the Services to copy, store, host, transmit, send, use, publish or distribute any material that consists of or is linked to any spyware, computer virus, or other malicious computer software;
• Attempting to use, copy, duplicate, aggregate, reverse engineer, steal or otherwise appropriate any information or data on the Services;
• Attempting to collect any personally identifiable information of the users of the Services, like names and email addresses;
• Attempting to breach or breaching security protocols and measures on the Services;
• Attempting to use in any unauthorized way the Healthy Turtle’s intellectual property and/or its logos, taglines, trademarks, service marks, copyrights and patents or the intellectual property of any third party;
• Attempting to interfere with the functioning or service of the Services in any way as determined by us at our sole discretion;
• Attempting to damage or crash the Services or place excessive demands on the Services’ resources or servers (as determined in our sole discretion); or
• Otherwise interfering with other’s use and enjoyment of the Services.
Promotions and Specials
Healthy Turtle may allow business owners to offer specials, services, products, promotions, and other items to customers by posting and/or displaying advertisements on our Services. The entity posting an advertisement is solely responsible for all goods and services it provides to the user and for any and all injuries, illnesses, sickness, damages, claims, liabilities and costs it may cause the user to suffer, directly or indirectly, in full or in part. The advertisements are not created by or affiliated with Healthy Turtle and Healthy Turtle does not endorse any product or service advertised. Healthy Turtle makes no representations or warranties regarding the accuracy, legality or genuineness of any advertisement. You hereby irrevocably waive all rights related to, and release Healthy Turtle and its subsidiaries, affiliates, partners, owners, officers, managers, employees and agents from any liabilities arising from or related to any act or omission of an entity who posts an advertisement in connection with your use of any advertised product or service.
Ownership of the Services
The Services and/or any products or applications related to the Services and all content that is included in, on or that is otherwise a part of the Services and/or products or applications related to the Services, including without limitation all intellectual property related thereto but excluding intellectual property of you or unrelated third parties (collectively, the “Content”) are owned, controlled or licensed by Healthy Turtle, its affiliates, or third-party vendors. Your use of the Content is subject to any and all conditions imposed by Healthy Turtle.
The Services, their Content, and any services or products related to the Services, but excluding intellectual property of unrelated third parties, are the exclusive property of, or licensed to, Healthy Turtle and are copyrighted under United States copyright laws and/or similar laws of other jurisdictions. Healthy Turtle owns a copyright in the selection, coordination, arrangement and enhancement of the Content in the Services.
The trademarks and service marks, including without limitation HEALTHY TURTLE™ and the Healthy Turtle logo, that are located within or on the Services, are marks of Healthy Turtle and shall not be deemed to be in the public domain but rather the exclusive property of Healthy Turtle. You are not permitted to use, copy, sell, display or distribute the Services, any portion thereof, or any of our trademarks, service marks, copyrights or other intellectual property without our express permission. You are also not permitted to post or otherwise make available on the Services any material protected by trademark, copyright or other proprietary right without the express consent of the owner. You agree that your use of the Services is pursuant to this scope of licensed use. The Services may include trademarks, copyrights and/or other proprietary rights of third parties. You acknowledge that the Services have been neither endorsed nor sponsored by, and are not affiliated with, any such third parties. You agree that the terms of this Agreement apply to any and all third-party intellectual property on the Services as well. By using the Services you agree that you will not challenge ownership or intellectual property rights with respect to the marks or any copyright or other intellectual property of Healthy Turtle.
Any violation of these requirements may result in a trademark, copyright or other intellectual property right infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of intellectual property rights or any other harm resulting from your actions. By submitting material to any public area of the Services, you warrant that you or, if you are not the owner, the owner of such material has expressly granted Healthy Turtle the royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license to use, reproduce, modify, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology for the full term of any copyright that may exist in such material. You also grant us the right to edit, copy, publish and distribute any material that you make available on any public area of the Services.
Websites, Links and Content of Third Parties
The Services may contain links to websites or applications maintained by third parties. These links are provided solely as a convenience to you and not because we endorse, recommend, encourage, use, or have an opinion about the contents on such websites or applications. Healthy Turtle expressly disclaims any representations regarding the content or accuracy of materials on such websites or applications or the privacy practices thereof. Any decision you make to access websites or applications maintained by other parties is done at your own risk.
Your User Content
The Services may offer you the opportunity, or you may take the opportunity, to make communications or post content, comments, pictures, ratings, reviews, ideas, suggestions, questions, improvements, new services, new products and other content (“User Content”). You agree not to post any User Content on the Services that is illegal, intentionally false or misleading, or injurious to us or anyone else, or which infringes on the intellectual property rights of any third party or otherwise violates any of these Terms and Conditions. You may not imply that any User Content is in any way sponsored or endorsed by Healthy Turtle. We reserve the right without prior notice to remove or edit any User Content, including without limitation as a result of our determination at our sole discretion that such User Content is in violation of these Terms and Conditions. However, we have no obligation to do so, we do not regularly review User Content and we do not warrant that all User Content on the Services complies with these Terms and Conditions. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify us for all claims resulting from User Content you supply. Healthy Turtle takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Digital Millennium Copyright Act
Healthy Turtle complies with the requirements of the Digital Millennium Copyright Act (“DMCA”). Healthy Turtle may terminate your Account and this Agreement with you or any other user of the Services who infringes on the copyrights of another (provided that these Terms and Conditions will survive any such termination). If you have any concerns or believe that any material on the Services in any way constitutes copyright infringement, please contact the agent designated below, who has been designated to respond to reports alleging copyright infringement. Provide the DMCA Agent with the following information in writing (either via paper mail or electronic mail):
• A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
• A description of the copyrighted work claimed to have been infringed;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity, and its location on the Services;
• Your address, telephone number, and, if available, an email address;
• A statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in your notice is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
Contact Information of Healthy Turtle’s DMCA Agent: email@example.com.
Healthy Turtle may at any time terminate this Agreement with you pursuant to its terms. The reasons may include you breaching these Terms and Conditions or Healthy Turtle being required by law to terminate this Agreement. We may also immediately terminate or suspend any user accounts or passwords in the event of any conduct that we deem, in our sole discretion, to be illegal, improper, unacceptable or in any way a breach of this Agreement. In the event of termination or suspension, you agree immediately to cease access to the Website and any of our services or products.
Modification of This Agreement
We reserve the right at all times to discontinue or modify any part of this Agreement, the Services and/or the products we offer, as we deem necessary or desirable. If we make changes that materially affect your use of the Services or our products we will notify you by sending you an email to the email address that is registered with your account and/or by posting notice of the change on the Website. Any changes to these Terms and Conditions will be effective upon the earlier of our sending an email notice to you or our posting of notice of the changes to our Website. These changes will be effective immediately for new users of our Services. Your use of the Services after we update these Terms and Conditions will constitute acceptance of the modified Terms and Conditions. We suggest that you revisit the Terms and Conditions on occasion to ensure that you stay informed of any notifications of changes to the Services.
Modification of the Services
We reserve the right, in our sole discretion, to improve, modify, discontinue or remove any functionality, information or content appearing on the Services.
Disclaimer of Warranty
HEALTHY TURTLE EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES ABOUT THE SERVICES OR ITS PRODUCTS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND ABOUT THE WEBSITES, SERVICES, OR ANY THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY US, UNLESS SPECIFIED IN WRITING.
HEALTHY TURTLE AND ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (AND THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS), HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES AND APPLICATIONS AND PRODUCTS RELATED TO THE SERVICES:
• ARE MERCHANTABLE;
• ARE FIT FOR A PARTICULAR PURPOSE OR NEED;
• ARE NON-INFRINGING;
• CONTAIN ACCURATE, GENUINE, COMPLETE, UP TO DATE, OR RELIABLE INFORMATION, INCLUDING ADVERTISEMENTS;
• PROVIDE TIMELY, SECURE AND UNINTERRUPTED RESULTS AND SERVICES;
• PROVIDE QUALITY, ERROR FREE OR ANYTHING OTHER THAN “AS IS” RESULTS AND SERVICES; OR
• WILL HAVE COMMUNICATIONS SENT TO YOU THAT ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY A HEALTHY TURTLE AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH ANYONE ELSE WHO USES THE SERVICES AND/OR COMMUNICATES THROUGH OR POSTS CONTENT ON THE SERVICES AND SUCH COMMUNICATION IS AT YOUR OWN RISK. AS STATED ABOVE, HEALTHY TURTLE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT, THE SERVICES, OR ANYONE USING THEM.
IN NO EVENT SHALL HEALTHY TURTLE OR ANY OF ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (OR ANY OF THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES OR THESE TERMS AND CONDITIONS. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF POTENTIAL DAMAGES TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY AGAINST HEALTHY TURTLE FOR ANY DISPUTE YOU HAVE WITH US SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND APPLICATIONS AND PRODUCTS RELATED TO THE SERVICES. ANY POTENTIAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU, IF ANY, FOR THE SPECIFIC SERVICE OR PRODUCT AT ISSUE, DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Indemnification and Release
You agree to defend, indemnify and hold harmless Healthy Turtle and its owners, managers, officers, employees, licensors, third-party vendors and agents from and against all claims, damages, losses and expenses, including attorneys’ fees, arising out of or related to your use of the Services, your User Content, or any services and products related to the Services, your violation of any of these Terms and Conditions, your violation of this Agreement, your violation of any third-party right or your willful misconduct or negligence. This indemnification obligation shall survive the termination of this Agreement and your use of the Services.
You are solely responsible for your interactions with other users of the Services. To the extent permitted under applicable laws, you hereby release Healthy Turtle from any and all claims or liability related to any content, service, product, or media referenced on the Services, any communication with or action or inaction by a user (including any coach or trainer), including a user’s failure to comply with applicable law and/or these Terms and Conditions.
Choice of Law and Venue
Any disputes arising out of or related to these Terms and Conditions and/or any use by you of the Services shall be governed by and interpreted according to the laws of the State of Colorado, without regard to its choice of law rules and without regard to conflicts of laws principles. The Parties hereby irrevocably consent and submit to the nonexclusive jurisdiction of the courts of the State of Colorado, City of Denver, and any federal court sitting within the State of Colorado for the purpose of adjudicating any dispute or claim arising in connection with this Agreement or the breach, validity or enforceability of any provision of this Agreement. Each Party hereby irrevocably consents to the service of process, by personal service or by registered mail, postage prepaid, in each case, either within or without the State of Colorado.
Failure of any party to this Agreement to require performance by another of any provision expressed herein shall in no way affect that party’s right to thereafter enforce such provision; nor shall the waiver by any party of any breach of any provision expressed herein be taken or held to be a waiver of any succeeding or other breach of such provision or as a waiver of the provision itself or of any other provision.
If any provision of this Agreement is declared void or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remaining portion of this Agreement, which shall otherwise remain in full force and effect. This Agreement is between you and Healthy Turtle.
Correspondence should be directed to: firstname.lastname@example.org
Last updated: June 29, 2018