Clean & Nourish, LLC
Effective as of: May 3, 2022
Last Updated: 05/2/22
These Terms of Use govern your use of websites and services owned or operated by Clean & Nourish, LLC, d/b/a Health at Heart a Texas limited liability company (“Clean & Nourish,” “we” or “us”) including https://healthatheart.com/, (collectively, the “Site”), and the Health at Heart subscriptions, products all online video services, applications (e.g., iPhone applications, iPad applications, Android applications, etc.), our online store, and any other interactive features, widgets, products and resources offered by Clean & Nourish, LLC and/or its affiliates, distributors or licensees (all of which are collectively referred to as the “Services”). These Terms of Use together with our Privacy Policy, online store Refund Policy, and any Additional Terms (as defined below) (collectively, the “Terms”) constitute your complete agreement regarding your use of the Site and Services. By using the Site or Services, you agree to the Terms.
READ THESE TERMS OF USE CAREFULLY. THEY REQUIRE BINDING ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
I. GENERAL
The Fresh Beets meal plan is a fee-based subscription service offered at varying subscription durations. When you sign up for a subscription, you are committed to the term that you have chosen. Users of the Site may be unregistered Users, registered Users or paying subscribers (“Subscribers”).
During registration you will create an account using your email address that will be used to authenticate your ongoing access to the Services. You agree not to:
Use the name of another person with the intent to impersonate them
Use a name that Health at Heart, in our sole discretion, deems inappropriate
Use the rights of another person
You are responsible for the use of your account, and you must make your best effort to keep your meal plan secure. You should not share your meal plan with others. If you believe your account has been compromised, you must immediately notify Health at Heart of the suspected breach by emailing [email protected].
II. ELIGIBILITY
You must be at least 18 years old to use the Site or the Services. The Site and Services are intended for use only by individuals located in the United States of America. To use our application your device may need to meet certain minimum specifications.
III. ADDITIONAL TERMS
Your use of certain Services or participation in sweepstakes, contests, or promotions (collectively, “Promotions”) may be subject to additional terms and conditions or rules (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read before you use that Service or participate in the Promotion. By using such Services or participating in such Promotion, you agree to the Additional Terms.
IV. PASSWORD AND ACCOUNT SECURITY
You may create your own account on the Site by completing the online registration process on the Site. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.
If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account to view Health at Heart or for any other purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
V. HEALTH AT HEART UNDER THE BRAND NAME FRESH BEETS SUBSCRIPTION AND RENEWAL TERMS; REFUND AND CANCELLATION POLICIES
You are not required to purchase a Health at Heart subscription in order to view the Site. However, without a Health at Heart subscription, you will not be able to view all of the Health at Heart content. If you purchase a Health at Heart subscription, you will be able to view all of the Health at Heart content we broadcast via the Site and the Services during the applicable subscription period. We make no guarantee as to the availability of any particular content of Health at Heart or the total amount of content.
When you purchase a subscription through the Site or the Services, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal charges as described below. If we are unable to charge your credit card or other payment method, your subscription will automatically terminate.
We may increase our subscription prices at any time; however, we will give you at least thirty (30) days’ advance notice of any price increase, and the price increase will not apply until your current subscription period has concluded. This will give you an opportunity to cancel your subscription, as described below, before the price increase takes effect. The Health at Heart subscription fee covers access to Health at Heart only; you are responsible for your own data fees and internet service provider fees.
Free Trial Period
Your subscription may begin with a free trial; provided, however that you may only sign up for a free trial one time every 365 days. We will begin charging for your selected subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of subscription period calculations. You may not receive a notice from us that your free trial period has ended. TO AVOID BEING CHARGED, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL PERIOD. You can cancel your subscription by calling (512)793-7185 (Monday through Friday from 9:00 a.m. to 5:00 p.m. CT, holidays excepted), emailing [email protected].
Promotional Code
If you use a promotional code or “promo code” to obtain a Health at Heart subscription at a discounted price, the discount applies only during the initial subscription period and does not apply to renewal periods. All renewals will be charged at the then-current subscription price.
Payment Processor
If you subscribe through our website, payment processing will be provided by Stripe, Inc. (“Stripe”). Stripe’s Terms of Use and Privacy Policy are available at www.stripe.com. We are not responsible for any actions, content of websites, terms of use, privacy policies, or other policies of such third parties. You should check the applicable terms of use and privacy policies of those third parties before purchase.
Questions concerning payment processing for subscribers can be emailing to [email protected], or calling customer service at (512)793-7185.
Monthly Subscription
a. Monthly Auto-Renew
YOUR MONTHLY SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY MONTH COMMENCING FROM YOUR PURCHASE DATE UNTIL YOU CANCEL. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. You can see the next time your credit card or other payment method will be charged at any time by logging into stripe.com. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. There is no minimum purchase obligation.
b. Canceling Your Monthly Subscription
You can cancel your monthly subscription at any time by calling (512) 793-7185 (Monday through Friday from 9:00 a.m. to 5:00 p.m. CT, holidays excepted), or by emailing [email protected]. Additionally, to cancel you can unsubscribe from our email list. IF YOU CANCEL, YOU WILL NOT RECEIVE ANY REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE NEXT BILLING CYCLE, BUT YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT MONTHLY PERIOD. ALL CHARGES FOR MONTHLY SUBSCRIPTIONS ARE NONREFUNDABLE.
Semi-annual and Annual Subscriptions
Annual Auto-Renew
YOUR YEARLY SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION YEAR COMMENCING FROM YOUR PURCHASE DATE UNTIL YOU CANCEL. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. You can see the next time your credit card or other payment method will be charged at any time by logging into stripe.com. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. There is no minimum purchase obligation.
Canceling Your Semi-annual or Annual Subscription
You can cancel your yearly subscription at any time by calling (512)793-7185 (Monday through Friday from 9:00 a.m. to 5:00 p.m. CT, holidays excepted), or by emailing [email protected]. Additionally, to cancel you can unsubscribe from our email list. IF YOU CANCEL, YOU WILL NOT RECEIVE ANY REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE NEXT BILLING CYCLE, BUT YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT ANNUAL PERIOD. ALL CHARGES FOR ANNUAL SUBSCRIPTIONS ARE NONREFUNDABLE.
VI. USE OF THE SITE AND EMAIL SERVICES
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At Clean & Nourish, LLC, our goal is to create a positive and safe community experience. By posting, transmitting, or submitting any information or communication through the Site or Services (“User Content”), you agree that you are solely responsible for the content and consequences of such User Content. To promote this goal, we prohibit certain kinds of conduct and User Content that may be harmful to other users or to us. When you use the Site or Services or submit User Content, you may not:
• use the Site or the Services other than for personal, non-commercial purposes;
• copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit any content you access on the Site or the Services, other than as expressly permitted;
• violate any law or regulation;
• violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
• submit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, derogatory, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, surveys, contests, chain letters, repetitive posts, and other spam communications;
• transmit any malicious or unsolicited software;
• stalk, harass, harm, embarrass, or threaten another individual;
• impersonate or misrepresent your affiliation with someone else;
• use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although we may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
• use any means to harvest or otherwise collect or state personal information of other users;
• communicate the address, email address, or phone number of another person without prior consent;
• use automated methods to use the Site or Services in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• modify, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Site;
• access or view the Site in order to build a similar or competitive website, product or service to the Site or the Services; or
• interfere with or disrupt the Site or Services.
We reserve the right (but are not obligated) to, without limitation and in our sole discretion:
• record communications through the Site or Services;
• investigate any alleged violations of our Terms;
• monitor, edit, disclose, or remove any User Content that, in our sole discretion, violates these Terms; or
• disclose any user content or communication to law enforcement or to satisfy any law, regulation, or governmental request.
Your experience using the Site and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. At least 5.0 Mbps available download bandwidth per viewing stream is recommended for viewing Health at Heart video content in HD. Please check with your Internet provider for information regarding your Internet connection. We make no warranties regarding the quality of your viewing experience due to the variety of factors that could affect it.
VII. ACCURACY OF DATA
We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Site or Services. We are not liable for any loss or damage that might arise from your reliance on any content available on or through the Site or Services.
VIII. OWNERSHIP
We own or license the content on the Site and Services, including software, text, visual and audio content (“Content”), Health at Heart trademarks, trade names, logos, and brand elements (“Health at Heart Marks”) and the trademarks, trade names, logos and brand elements of third-party goods and services that may be offered on the Site or through the Services (“Third-Party Marks”). The Content, Health at Heart Marks and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Health at Heart Marks, Third-Party Marks, articles or Content from the Site, without obtaining our prior written consent.
Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view and use the Site and Services solely for personal and non-commercial use. The Site and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Site or Services at any time.
If you choose to promote the Site or Services to the public, including via your own personal social networks and social media, you agree that you will comply with the Federal Trade Commission’s (“FTC”) Guidelines Concerning the Use of Testimonials and Endorsements in Advertisement available from the FTC.
IX. FEEDBACK
We always welcome and appreciate your feedback and suggestions about Health at Heart. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
X. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• your physical or electronic signature.
Please send all of the above enumerated information via mail or email to the following copyright agent:
Copyright Manager
Clean & Nourish, LLC
April Eke
3706 Bickers St. Dallas, Texas 75212
(512)793-7185
[email protected]
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
XI. PRIVACY
We respect your privacy. Our Privacy Policy, located at https://healthatheart.com/privacy-policy-2/ explains how we collect, use, and disclose information about you in connection with the Site and the Services. By using the Site or the Services, you agree to the Privacy Policy.
By using the Site and Services, you consent to receiving electronic communications from us related to your use of the Site and Services including, but not limited to, announcements regarding changes to these Terms or our Privacy Policy and pre-renewal notifications.
XII. LINKS
Our Site and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
XIII. CHANGES AND CORRECTIONS TO THE SITE OR SERVICES
We enhance and update the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. If we change or discontinue a Service for which you have an active paid subscription and the change/discontinuation will impact your auto-renewal of the Service (such as if we increase the price of a Service or discontinue and transition customers from one Service to another in a manner that may disadvantage the customers), we will send a notice to you at the email address we have on file at least 30 days before the change is effective. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Site or Services.
XIV. TERMINATION
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our sole discretion. If you violate any of the Terms, as determined by us in our sole discretion, your permission to use the Site and Services automatically terminates and you will not receive a refund.
XV. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEALTH AT HEART AND ITS AFFILIATES, DISTRIBUTORS AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, HEALTH AT HEART AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES) OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. HEALTH AT HEART AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES;
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, HEALTH AT HEART AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HEALTH AT HEART LLC NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Health at Heart may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Health at Heart ‘s liability will be the minimum permitted under such law.
XVI. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Health at Heart and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.
XVII. DISPUTE RESOLUTION
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site, or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Dallas, Texas before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AND ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. Without limiting the foregoing, any lawsuit filed relating to these Terms, the Site, Services, or your relationship with us, must be filed in the state or federal courts sitting in Dallas, Texas and you agree to irrevocably submit to the exclusive personal jurisdiction of such courts.
XVIII. OTHER PROVISIONS
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes beyond our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of laws rules or provisions.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. It is the parties’ intention that the court or arbitrator modify such invalid provision to give it the fullest effect permissible under applicable law.
Our failure to enforce any right or provision of these Terms will not act as a waiver of such right or provision and will not prevent us from enforcing such right or provision or any other right or provision in the future.
These Terms, and any rights and licenses granted to you hereunder, may not be transferred or assigned by you without our written permission. We may assign or transfer our rights, licenses, and obligations under these Terms without restriction, including without limitation in connection with a merger, acquisition, a sale of assets or by operation of law.
XIX. CHANGES TO THESE TERMS
We may, in our sole discretion, modify the Terms from time to time. If a change is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior the effective date of the change via a post on the Site and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you shall be bound by the updated Terms. We suggest periodically visiting this page of the Site to review these Terms.