Effective Date: December 1st, 2019
Last Modification: January 10, 2020
Your access to and use of the Refresh My Health website accessible at https://www.refreshmyhealth.com (“Site”) is governed by the terms and conditions of this terms of use agreement (“Terms of Use” or “TOU”). By accessing or using the Site, you accept and agree to be bound by the Terms of Use, which may change from time to time. If you do not agree to the Terms of Use, you should not access or use our Site. If you do not comply with the Terms of Use, we reserve the right to terminate your password, user account, and/or access to this Site or any part thereof.
Submissions
By submitting any kind of form on the Site (eg: testimonial form, contact form, comment form, etc) or by sending us information by email, you confirm that you’re over the age of 18 years old and that you are the owner of any intellectual property contained in or comprising your photo, testimonial, message, text paragraphs, name, etc and/or that you have the express permission or a license to use the intellectual property contained in or comprising your photos, images, messages, text paragraphs and testimonials (together, hereinafter known as the “Submissions”).
Our Company will not be required to treat any Submission as confidential. You understand that Refresh My Health may use your name and/or Submissions in and on the Refresh My Health website, blog and other social media properties (such as Instagram + Facebook) or any kind of promotional materials in connection with our Site. Your Submissions may also be used in brochures, flyers, packaging, courses, programs, published books, eBooks, and in other informational, advertising and promotional material used in connection with Refresh My Health, its products and/or its services.
You hereby authorize Refresh My Health to use your Submissions without any form of compensation or consideration for such use and without any geographic, temporal, or other restrictions on such use.
Furthermore, you hereby release Refresh My Health and its successors, assigns, and representatives, from any and all liability, action, cause of action, or proceedings of any kind whatsoever arising directly or indirectly from or in connection with the provision of your Submissions to Refresh My Health for the uses and purposes described herein.
Intellectual Property
Refresh My Health owns the content on the Site, including, but not limited to content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, recipes, printables, downloadable publications, sounds, music, videos, advertising copy, website layout and website “look and feel,” design, functions and software (collectively, “Content”), any and all derivative works or enhancements of the Content, the compilation, assembly and arrangement of the copyrightable material on the Site, and all intellectual property rights to the Content, including derivative works, enhancements, compilations, assembly and arrangements of the same, unless otherwise expressly stated on the Site. By accessing or using the Site and/or Content, you do not acquire any right, title or interest in the Site or the Content.
You may not copy, distribute, publicly perform, publicly display, digitally perform, or create derivative works from any copyrighted work available or accessible on the Site without our express permission.
Nothing in the Terms of Use shall be construed as granting any license or right to use Refresh My Health’s’ trademarks, service marks, logos, slogans or taglines displayed on the Site.
Access To This Site
Your use of the Site is intended for personal, non-commercial use only. In accessing or using the site, you agree to comply with all applicable federal, state, and local laws. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Except as expressly permitted by the Terms of Use or any other applicable Refresh My Health agreement or terms, you agree that you will not use, reproduce, distribute, publicly display, publicly perform, publish, transmit, create derivative works from, or otherwise unlawfully use the Content provided by Refresh My Health.
If you purchase downloadable Content or access free downloadable Content from the Site, your access and use to such material is limited to personal, non-exclusive, non-commercial, non-assignable, non-transferrable use only.
Health Disclaimer
Refresh My Health is a website dedicated to sharing our love for a nutrient rich unprocessed whole foods lifestyle that includes homemade cooked meals, smoothies, or desserts prepared from natural ingredients. We love cooking and we like sharing our recipes with people like you. We also like to research and share health and wellness information that has made a positive impact on our health.
Refresh My Health is not a medical organization and we are not health professionals. The material appearing on the Site is provided for informational purposes only and it should not be used as a substitute for professional medical advice, diagnosis or treatment. The Site and the Content we provide on the Site is not intended to be used as medical advice, and we do not provide medical diagnoses or treatments for any kind of health conditions. Always consult your professional healthcare providers before beginning any new treatment. You should seek the advice of a physician if you have questions about whether our recipes, advices or programs are suitable for you and/or before you begin any kind of diet regimen. It is your responsibility to research the accuracy and usefulness of the opinions we provide on the Site.
The Site is not intended for children or minors. Our challenges and programs are not intended for pregnant or nursing women. Consult your healthcare professional if you have a health condition, or are pregnant or nursing, prior to beginning any kind of diet regimen, including joining any of our challenges or programs.
The products and information on this Site have not been evaluated by any kind of Food and Drug Administration from any country and are not approved to diagnose, treat, cure or prevent disease.
Privacy
We are committed to protecting your privacy and security. Please read our Privacy Policy, which is incorporated into the Terms of Use and can be accessed from any page of our website.
Links to Third Party Websites
We sometimes provide links to third party websites. If you choose to click on a third party website link, you acknowledge and agree that Refresh My Health has no control over or responsibility for the information, content, products, services, advertising or information collection practices of the third party site(s). We do not make any representations or warranties regarding the accuracy, security or legal or regulatory compliance of third party websites and you agree to assume the risks, responsibilities, and consequences resulting from your use or access of third party websites.
Terms and Conditions of Sale
Products
Our products, including digital publications, are delivered to you in an email containing a link to a downloadable portable document format (PDF) file. The download link will be active for five clicks and may also become unavailable after a certain number of days. We recommend saving the PDF file after downloading it so that you may access it anytime after your purchase without relying on the download link. We do not re-issue download links after the download links have expired. If your download link expires, you will need to re-purchase the product for a new download link. Note that you may need specific PDF reader software in order to access the PDF documents.
Pricing
All products listed on the Site and their descriptions, including pricing, are subject to change. You agree to pay the price applicable for each product as of the date and time you submitted your order on the Site. Refresh My Health reserves the right to modify, suspend or discontinue the sale of any product at any time with or without notice. If a product is listed with an incorrect price or with incorrect information, we shall have the right to decline or cancel your order prior to acceptance of your order. If you have already submitted payment for your order, we will issue a refund to your credit card or to the specific payment method used by you.
Product Return Policy
Refresh My Health does NOT accept returns, does not provide exchanges or refunds for purchased digital products or publications – no exceptions. We do NOT re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product to get access to a new download link.
Shipping Policy
We deliver our products as a digital download sent to your email address. By submitting your email address to us, you authorize us to deliver the digital download(s) and/or a link to the digital download(s) you have purchased to that email address. We do not ship physical products at this time.
Limitation of Liability
YOU AGREE THAT YOUR ACCESS AND/OR USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR OWN RISK. YOU AGREE THAT REFRESH MY HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SITE CONTENT, OR REFRESH MY HEALTH’S PRODUCTS, REGARDLESS WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF REFRESH MY HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES EXCEED THE GREATER OF THE TOTAL PAYMENTS MADE BY YOU TO REFRESH MY HEALTH IN THE PRECEDING SIX (6) MONTH PERIOD OR FIFTY DOLLARS ($50), WHATEVER IS LOWER IN VALUE. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM REFRESH MY HEALTH OR THE SITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE SITE, ITS CONTENT, OR REFRESH MY HEALTH’S PRODUCTS WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Refresh My Health and its officers, directors, employees, parents, partners, successors, agents and affiliates from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses, including reasonable attorneys’ fees and costs, arising out of, related to or that may arise in connection with your access to our Site or its Content and/or any actual or alleged violation or breach by you of Refresh My Health’s Terms of Use.
Termination
We reserve the right to terminate, suspend or block your access to the Site and/or its Content at any time for any reason in our sole discretion. Any termination, suspension or restriction shall not affect your obligations under the Terms of Use and the provisions of the Terms of Use, including your obligations and agreements under the Terms of Use, such as the provisions relating to intellectual property, licenses, limitations of liability, or payment, for example, shall survive such termination, suspension or restriction.
Governing Law
These Terms of Use shall be construed in accordance with the laws of Norway, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the courts located in Kristiansand, Norway, and any action or proceeding, in law or in equity, arising out of the Terms of Use must be brought in the courts of Kristiansand, Norway.
Miscellaneous
The Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you and Refresh My Health. We may assign our rights and obligations under the Terms of Use. The Terms of Use will insure to the benefit of our successors, assigns and licensees. You may not assign, transfer or sublicense any or all of Refresh My Health’s rights or obligations or your rights or obligations under the Terms of Use. If any provision of the Terms of Use is found to be unenforceable, void or unlawful, then that provision shall be deemed severable from the Terms of Use and the remaining Terms of Use provisions shall remain in full force and effect.
