TERMS OF USE

TERMS OF USE, CONDITIONS AND NOTICES

Welcome to the Healthibod® website and related applications “Apps” (collectively, this “Website”). Healthibod is an online company that provides information, content and user support services focused primarily on diet planning, nutrition and wellness. The terms “we”, “us”, “our” and “Healthibod” refer to Healthibod.com which is owned and operated by Healthibod Inc. The term “you” refers to the user visiting the Website and/or contributing content on this Website.

This Website is offered to you upon your unconditional acceptance, without modification or exception, to all the terms, conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understand its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all these terms and conditions, please do not use this Website.

We may change or modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change(s) signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of the page. All revisions are effective upon posting. We will notify all of our registered members of material changes to the terms and conditions by either sending a notice to the members email address and/or placing a notice on our Website. Please be sure to visit this page periodically to read and review the most current version of the Agreement.

USE OF OUR WEBSITE

As a condition of your use of this Website, you warrant and represent that: (i) All information supplied by you on this Website is true, accurate, current and complete (ii) If you have a Healthibod account, you will safeguard your account information and will supervise and be fully responsible for any use of your account by anyone other than you, and (iii) You are 13 years of age or older in order to register for an account and contribute to the website. Healthibod does not knowingly collect the information of anyone under the age of 13. We retain the right, at our sole discretion, to deny access to anyone to our Website and the services we offer at any time and for any reason., including, but not limited to, for violation of this Agreement. By using our Website and/or services including any Healthibod products or services that involve the sharing of content from yourself or any third-party source(s), you understand that you are solely responsible for any information that you share with us.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, videos, maps, icons, software, code or any other material) as well as the infrastructure used to provide such content and information is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through this Website. Additionally, you agree not to:

• Use this Website for any commercial purpose
• Access, link, monitor or copy any content or information on this Website using any robot, spider, scraper, or other automated means or any other process for any purpose without our express written permission
• Take any action that imposes or may impose, in our sole discretion, a disproportionately large load on our infrastructure
• “Frame”, “mirror”, or otherwise incorporate any part of this Website into any other website without our express written permission
• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Healthibod in connection with this Website or its services

REVIEWS, COMMENTS AND USE OF ALL INTERACTIVE AREAS

Please be aware that by submitting content to this Website by email or by any other means including any content that is transmitted to your Healthibod account such as reviews, questions, photographs/videos, suggestions, ideas or commentary of any type contained in any submission (collectively “Submissions”), you grant Healthibod and its affiliates a nonexclusive royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: a) Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Submissions throughout the world in any media, now known or hereafter devised, for any purpose, and b) Use the name that you submit in connection with such Submission. You acknowledge that Healthibod may choose to provide attribution of your Submissions at our sole discretion. You further grant Healthibod the right to pursue at law any person or entity that violates your or Healthibod’ s rights regarding the Submissions by breach of this Agreement. You authorize Healthibod to make copies of Submissions as it deems necessary. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

This Website may contain discussion forums, bulletin boards, review services or other such forums in which you or third parties may post reviews, messages, comments or other content or items on this Website (“Interactive Areas”). If Healthibod provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

a. Any message, data, information, text, music, sound, photos/videos, graphics or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, result in harm to any party, or that would otherwise create liability or violate any local, state, national or international law.
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Healthibod.
e. Unsolicited promotions, political campaigning, advertising, contests, raffles or any other form of unauthorized solicitation not expressly approved by Healthibod in writing.
f. Private information of any third-party, including, without limitation, name, addresses, phone numbers, email addresses, Social Security numbers, and credit card, banking or other financial information.
g. Viruses, corrupted data, or other harmful, disruptive or destructive files.
h. Content that in the sole judgement of Healthibod is: a) Unrelated to the topic of the Interactive Area in which such Content is posted; b) Violates any of the subsections listed above and generally inhibits the enjoyment of any other person(s) using the Website.

Healthibod takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded by you or any third-party, for any loss or damage thereto, nor is Healthibod liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Healthibod is not liable for any statements, misrepresentations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Healthibod has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Healthibod reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website, at any time and for any reason, at its sole discretion.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS HEALTHIBOD’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
• HEALTHIBOD DOES NOT PROVIDE MEDICAL ADVICE – THE CONTENTS OF THE HEALTHIBOD WEBSITE SUCH AS TEXT, GRAPHICS, IMAGES, LINKS, ADVERTISEMENTS, ARTICLES, REVIEWS & RATINGS AND ANY OTHER INFORMATION POSTED ON HEALTHIBOD OR OBTAINED FROM HEALTHIBOD’S SERVICES INCLUDING HEALTHIBOD’S “MAKE A PLAN” SECTION INCLUDING HEALTHIBOD’S PROFESSIONAL SUPPORT OPTIONS (COLLECTIVELY THE “CONTENT”) ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE MEDICAL ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE YOU START ANY DIET, EXERCISE OR WELLNESS PROGRAM. NEVER DISREGARD PROFESSSIONAL MEDICAL ADVICE REGARDING A MEDICAL CONDITION OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE HEALTHIBOD WEBSITE.
• OTHER IMPORTANT LIABILITY DISCLAIMER INFORMATION – THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE (COLLECTIVELY THE “CONTENT”) MAY INCLUDE INACCURACIES OR ERRORS. HEALTHIBOD, AND ITS PARENT COMPANY WOODSTOCK CONSULTING GROUP LLC, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, PRODUCTS OR SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY AND ALL CONTENT, PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH CONTENT, PRODUCTS OR SERVICES BY HEALTHIBOD, OR ITS PARENT COMPANY WOODSTOCK CONSULTING GROUP LLC. ALL SUCH CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL HEALTHIBOD, OR ITS PARENT COMPANY WOODSTOCK CONSULTING GROUP LLC OR THEIR OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THIS WEBSITE.

IDEMNIFICATION

You agree to defend and indemnify Healthibod and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fine, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees brought by third parties because of:

i) Your breach of this Agreement or the documents referenced herein;
ii) Your violation of any law or the rights of a third-party; or
iii) Your use of the Website or our services.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks (“links”) to websites owned and operated by third parties. Such links are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you select or software you download (whether it is from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects, of other items of a destructive nature. Our inclusion of links to third-party websites does not imply any endorsement of the material on such websites or any association with their operators.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Website are ©2022 Woodstock Consulting Group LLC DBA: Healthibod. All rights reserved. Healthibod is not responsible for content on websites operated by parties other than Healthibod. HEALTHIBOD, our logo, our App and “Your best health, anywhere” and all other product and service names and slogans are registered or common law trademarks of Woodstock Consulting Group LLC and may not be copied, imitated or used, in whole or part, without the expressed prior written permission of Woodstock Consulting Group LLC, DBA: Healthibod. In addition, the look and feel of this Website, including all page headers, custom graphics, icons and scripts is the service mark, trademark and/or trade dress of Healthibod and may not be copied, imitated or used, in whole or part, without the expressed prior written permission of Woodstock Consulting Group LLC, DBA: Healthibod. All other trademarks, registered trademarks, product names or logos mentioned and/or featured on this Websites are the property of their respective owners. References to any products, services, processes or other information by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Healthibod.

JURISDICTION AND GOVERNING LAW

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Maryland, USA. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Maryland, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Healthibod or its parent company, Healthibod Inc. arising from or relating to this Website must be heard and resolved in a court of competent jurisdiction located in the State of Maryland. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

GENERAL PROVISIONS

You agree that no joint venture, agency, partnership or employment relationship exists between you and Healthibod or its parent company, Healthibod Inc. as a result of this Agreement or use of this Website.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire Agreement between you and Healthibod and its parent company with respect to this Website and it supersedes all prior communications between you and Healthibod and it parent company with respect to this Website.

All rights not expressly granted herein are reserved.

CONTACT INFORMATION AND SERVICE HELP

If you have questions about this Agreement, please contact us at:

Healthibod.com
P.O. Box 1310
Ellicott City, MD 21041-1310 USA