(eff. May 2021)
The contents of our Site are intended for the personal, noncommercial use of our users except as otherwise provided in a separate agreement between you and CHF. All right, title and interest to the content displayed on our Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of CHF, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by CHF, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content (including without limitation any software) available through the Site. That means you may not copy the text or photo of any recipe, article or content that appears on this site without written permission from CHF. To share content, you may link to it.
Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the CHF Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of CHF or the copyright holder identified in the relevant copyright notice.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of HE’s content or under any third party’s content. Any rights not expressly granted herein are reserved. If you choose to forward content from the Site via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
You may not send automated queries of any sort to our site without express advance written permission from CHF. Note that “sending automated queries” includes, among other things:
Certain areas of the Site may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content (“Postings”). You acknowledge and agree that Postings and any and all liability arising from Postings are the sole responsibility of the user who posted the content (“Poster”), and not CHF. CHF does not control the Postings and does not guarantee the accuracy, integrity or quality of any Postings.
You understand that by using the CHF Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will CHF be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings.
If you do choose to post content on our Site, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement.
Access to certain CHF Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify CHF immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. CHF cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
The CHF Services may include links to other World Wide Web sites or resources. Because CHF has no control over such sites and resources, you acknowledge and agree that CHF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CHF shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which CHF has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your dealings with advertisers and third party vendors found on or through the CHF Services, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. CHF does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that CHF will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which CHF has no control and which will govern your rights and obligations with respect to the use of those Web sites.
You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
CHF reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the CHF Services (or any part thereof) with or without notice. You agree that CHF will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the CHF Services.
Termination of Your Access to CHF Services
You agree that CHF, in its sole discretion, may terminate your access to any of the CHF Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if CHF believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the CHF Services may be effected without prior notice, and acknowledge and agree that CHF may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the CHF Services. If you use the Site in violation of this Agreement, CHF may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that CHF shall not be liable to you or any third party for the discontinuation or termination of your access to the CHF Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
BY USING CHF SERVICES YOU UNDERSTAND AND AGREE THAT:
YOU UNDERSTAND AND AGREE THAT CHF IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, ORTHE INABILITY TO USE, CHF SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR CHF SERVICES, INCLUDING USE OF DATA FROM THIRD PARTIES THROUGH THE SITE. THESE LIMITATIONS WILL APPLY WHETHER ORNOT CHF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL CHF’S DIRECT LIABILITY HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DONOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold CHF, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) postings or other content you submit or that are submitted from your account, (b) your use of or reliance on CHF Services, (c) your connection to our Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party, including any of our third party partners from whom you obtain data.
The COACHES FOR HEALTH FREEDOM mark is a trademark of CHF. All rights reserved. All other trademarks and logos on this site are the property of their respective owners.
Any images referenced, made accessible or made available to you on the Site or by means of the CHF Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through CHF Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not HE. CHF cannot give you authorization to use the copyrighted images. CHF cannot guarantee that a search will not locate unintended or objectionable content and CHF accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the CHF services, or for your use of such content.
This Agreement and the relationship between you and CHF are governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and CHF agree to submit to the personal and exclusive jurisdiction of the Hennepin County, MN courts with regard to any disputes arising hereunder or related hereto. Prior to commencement of any legal proceeding arising hereunder, you agree to participate in a 60-day period of negotiation.
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by CHF to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of CHF.
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