Terms of use
1. Introduction.
In this Service Agreement ("Agreement"), "Customer, "User, "you" and
"your" refer to each customer or user and the weightlossmiracle.com
("Healthy Solutions Planet, LLC"), "we," "us" and "our" refer to
Healthy Solutions Planet, LLC, LLC. This Agreement explains our
obligations to you, and your obligations to us, in relation to your use
of our services.
By selecting Healthy Solutions Planet, LLC service(s) you have agreed
to establish an account with us for such services. When you use your
account or permit someone else to use your account to purchase or
otherwise acquire access to additional service(s), or to modify or
cancel such service(s) (even if we were not notified of such
authorization), this Agreement covers any such service or actions. Any
acceptance of your application(s) for our services and the performance
of our services will occur at our offices in Florida, the location of
our principal place of business. All event and / or services are
Non-Refundable.
2. Services.
Healthy Solutions Planet, LLC offers
products, memberships and other services and information that may
assist you in leading a healthy lifestyle. Some services and
information are provided on an as-is basis from third parties, and
Healthy Solutions Planet, LLC does not represent or warrant to the
truth or accuracy of such information.
3. Fees & Payment.
As consideration for the products, memberships or services you have
selected, you agree to pay Healthy Solutions Planet, LLC the applicable
service(s) fees set forth on our website at the time of your selection.
You agree to keep your credit card information accurate and current
with Healthy Solutions Planet, LLC at all times. All fees are due
immediately upon registration and are non-refundable. Healthy Solutions
Planet, LLC may take all remedies available to collect fees owed and
may recover from you all costs and expenses (including reasonable
attorney fees) incurred by Healthy Solutions Planet, LLC to collect
such fees.
In the event of non-payment, reversal of payment, or a charge back by a
credit card company or other payment provider, in addition to any other
remedies Healthy Solutions Planet, LLC may have, we may, in our sole
discretion, suspend or terminate your account.
4. Term of Service.
Unless otherwise specified, each
Healthy Solutions Planet, LLC service is for the selected term and will
renew automatically thereafter for successive equivalent terms unless
either party elects to terminate such service (which you can do at any
time by logging into your Healthy Solutions Planet, LLC account and
indicating your election to terminate such service or by sending us an
e-mail to support@healthysolutionsplanet.com which clearly states which
membership URL you would like to cancel). Any renewal of your services
with us is subject to our then current terms and conditions and payment
of all applicable service fees at the time of renewal.
5. Third-Party Information.
You represent and warrant that you have provided notice to, and
obtained consent from, any third party individuals whose personal data
you supply to us as part of our services with regard to: (i) the
purposes for which such third party's personal data has been collected;
(ii) the intended recipients or categories of recipients of the third
party's personal data; (iii) which parts of the third party's data are
obligatory and which parts, if any, are voluntary; and (iv) how the
third party can access and, if necessary, rectify the third party's
personal data. You further agree to provide such notice and obtain such
consent with regard to any third party personal data you supply to us
in the future. We are not responsible for any consequences resulting
from your failure to provide notice or receive consent from such
individuals or for your providing outdated, incomplete or inaccurate
information.
6. Modifications to Agreement.
Except as otherwise provided in this Agreement, you agree, during the
term of this Agreement, that we may revise the terms and conditions of
this Agreement and/or change the services provided under this Agreement
at any time. Any such revision or change will be binding and effective
ten (10) calendar days after the revised Agreement or change to the
service(s) is posted on the Healthy Solutions Planet, LLC website. You
agree to periodically review our website, including the current version
of this Agreement available on our website, to be aware of any such
revisions. If you do not agree with any revision to the Agreement or
change to the services, you may terminate this Agreement at any time.
Any fees paid by you prior to termination of your Agreement with us are
nonrefundable, but you will not incur any additional fees. By
continuing to use our services ten (10) calendar days after any
revision to this Agreement or change in service(s) is posted on our
website, you agree to abide by and be bound by any such revisions or
changes. We are not bound by and you may not rely on any representation
concerning this Agreement or our services made by: (i)any agent,
representative or employee of any third party that you may use to apply
for our services; or (ii) information posted on our Web site of a
general informational nature. No employee, contractor, agent or
representative of Healthy Solutions Planet, LLC or any partner of
Healthy Solutions Planet, LLC is authorized to alter or amend the terms
and conditions of this Agreement.
7. Modifications to your account.
In order to change any of your account information with us, you must
use your account name and the password that you selected when you
created your Healthy Solutions Planet, LLC account. Please safeguard
this information from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your account name or
password.
8. Prohibited Conduct.
You agree that you will only use our products, memberships and services for lawful purposes.
9. Notices and Announcements.
You authorize us to notify you as our customer of information that we
deem is of potential interest to you. Notices and announcements may
include commercial e-mails and other notices describing changes,
upgrades, new products and services or other information pertaining to
services and/or other relevant matters.
10. Limitation of Liability.
To the extent permitted at law, Healthy Solutions Planet, LLC and its
partners and contractors will not be liable for any direct, indirect,
incidental, special or consequential damages resulting from your use or
inability to use any of the Healthy Solutions Planet, LLC services or
for the cost of procurement of substitute services. We disclaim any and
all loss or liability resulting from, but not limited to: (i )any third
party claims arising from or based on your use of our services; (ii)
access delays or access interruptions; (iii) data non-delivery or data
mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of
your Account name or password; (vi) errors, omissions, or misstatements
in any and all information or service(s) provided under this Agreement;
(vii) the deletion of or failure to store data of any kind; (viii) the
development or interruption of your website; or (x) our processing of
your application for our services, our processing of any authorized
modification to your record or your agents failure to pay any fees, our
fees or re-registration fees. You agree that our entire liability, and
your exclusive remedy, with respect to any Healthy Solutions Planet,
LLC service(s) provided under this Agreement and/or for any breach of
this Agreement is solely limited to the amount you paid for such
service(s).
11. Indemnity.
You agree to release, indemnify, and hold Healthy Solutions Planet,
LLC, Immersion Enterprises. inc., our partners, contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns
harmless from all liabilities, claims, damages, costs and expenses,
including reasonable attorneys' fees and expenses, relating to or
arising from the Healthy Solutions Planet, LLC services provided
hereunder. When we are threatened with suit or sued by a third party,
we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be
considered by us to be a material breach of this Agreement. In
addition, in the event we are made a party to any claim, suit or action
by you which is unsuccessful or by a third party in each case relating
to or arising from the Healthy Solutions Planet, LLC services provided
hereunder, you will reimburse us, at a reasonable rate, for all
personnel time and expenses expended by us in response to such claim,
suit or action including without limitation, all attorney fees and
expenses incurred by us with respect to such response.
12. Breach.
You agree that your failure to abide by any provision of this
Agreement, any Healthy Solutions Planet, LLC operating rule or policy,
or any dispute policy may be considered by us to be a material breach
of this Agreement and that we may, in our sole discretion, elect to
cancel the services without further notice to you. We will not refund
any fees paid by you prior to the termination of your Agreement due to
your breach. Any such breach by you will not be deemed to be excused
simply because we did not act earlier in response to that, or any other
breach, by you.
13. Representations and Warranties.
You represent and warrant that: (i) the information that you or your
agent on your behalf provide to us during the registration for Healthy
Solutions Planet, LLC service(s) is, accurate and complete, and that
any future changes to this information will be provided to us in a
timely manner; (ii) you have all requisite power and authority to
execute this Agreement and to perform your obligations hereunder; and
(iii) you are of legal age to enter into this Agreement.
14. Release.
You release Healthy Solutions Planet, LLC, LLC, our partners,
contractors, agents, employees, officers, directors, shareholders,
affiliates and assigns from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with our services. If you are a California resident, you
waive California Civil Code ?1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
15. Disclaimer.
You agree that your use of our service(s) is solely at your own risk.
You agree that all of our services are provided on an "as is," and "as
available" basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND
REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE
NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR
REQUIREMENTS OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR
SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR
REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH
SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT
EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
Healthy Solutions Planet, LLC reserves the right to terminate any of
its services at any time, with or without notice to you. In the event
of such termination, your sole remedy will be to request a refund of
any amounts paid to Healthy Solutions Planet, LLC for services that
were not completed in whole or in part. In the event that a service was
partially completed, you may request a refund of the pro-rata portion
of such fee for uncompleted services.
16. Severability.
You agree that the terms of this Agreement are severable. If any term
or provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as nearly as
possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect.
17. Entirety.
You agree that this Agreement and the privacy statement are the
complete and exclusive agreement between you and us regarding our
services. This Agreement and the privacy statement supersede all prior
agreements, representations and understandings, whether established by
custom, practice, policy or precedent.
18. Non-Assignment.
Your rights under this Agreement are not assignable. Any attempt by you
to assign your rights will render this Agreement voidable at our
option. Any attempt by your creditors to obtain an interest in your
rights under this Agreement, whether by attachment, garnishment or
otherwise, will render this Agreement voidable at our option.
19. Governing Law.
You agree that this Agreement and any disputes hereunder will be
governed in all respects by and construed in accordance with the laws
of the State of Florida, excluding its conflict of laws rules. You and
we each submit to exclusive subject matter jurisdiction, personal
jurisdiction and venue of the courts of the State of Florida. You agree
that any action, suit or application will be brought and heard in
Florida.
20. Agreement to be bound.
By applying for the product(s), membership(s) and/or service(s) of
Healthy Solutions Planet, LLC or an affiliate through our online
application process, you acknowledge that you have read and agree to be
bound by all terms and conditions of this Agreement and any pertinent
rules or policies that are or may be published by Healthy Solutions
Planet, LLC.
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