Last updated: 12-10-2016
The Website is offered and available to users who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are of legal age to form a binding contract with Us. If you do not meet this requirement, you must not access or use the Website.
We may, in Our sole discretion, change, modify, add, or discontinue any or all aspects of the Website and/or the Agreement at any time, without notice. You should check this Agreement periodically for changes. By using the Website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use Our Website.
If you do not agree to this Agreement, please do not use this website or any A.I.M. Health, LLC services, content, or products.
1. ABOUT THE WEBSITE
The Website is owned and operated by Alison Ives Marra and A.I.M. Health, LLC. The Website gives users the ability to consume health and wellness services and content including, but not limited to, fitness and nutritional information such as diet, yoga, exercise, relationships and personal growth, and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our services, content, and products.
2. GENERAL DISCLAIMER
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Website, We strongly recommend that you consult with a physician or other healthcare provider. Alison Ives Marra and any other A.I.M. Health guest bloggers, coaches, and staff (“A.I.M. Health’s staff”) are NOT licensed medical care providers, dieticians, therapists, psychiatrists, psychologists, relationship counselors, life coaches, herbalists, first responders or any other kind of professional care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program (e.g., exercise or diet) on a medical condition or any other Condition. The reader assumes full responsibility for consulting a qualified health professional regarding health conditions or concerns before starting a new diet or health program.
The Website is written and produced for educational and informational purposes only. The information held on the Website is merely the opinion of a laymen individual(s). Alison Ives Marra and A.I.M. Health’s staff are NOT rendering professional advice of any kind to you personally, including without limitation, medical, nutritional, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing general education and information to you about health and wellness topics. The writer(s) and publisher(s) of this site are not responsible for adverse reactions, effects, or consequences resulting from the use of any exercise suggestions or recipes herein or procedures undertaken hereafter. You acknowledge and agree that when participating in any diet, exercise, or yoga program or other activity or program described in the Website’s services and content, and/or when using any diet or fitness products or products or services described or provided in or through the Website, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. You agree to release and discharge Alison Ives Marra/A.I.M. Health, LLC from any and all claims or causes of action, known or unknown, arising out of Alison Ives Marra/A.I.M. Health, LLC’s negligence.
3. MEDICAL, HEALTH & EXERCISE DISCLAIMER
All information is intended only to help you cooperate with your physician or other Professional Care Provider, in your efforts toward desirable health. Only your physician or other Professional Care Provider can determine what is right for you. In addition to regular checkups and medical supervision, from your physician or Professional Care Provider, before starting any exercise or diet program, you should consult with your personal physician. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your physician or other Professional Care Provider prior to using Our services and content. Do not start this fitness program if your physician or Professional Care Provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately and seek the assistance of a physician or other applicable Professional Care Provider.
Developments in medical research may impact the health, fitness and nutritional advice that appear on the Website. We are committed to bringing you the most up to date information, however, We make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your physician or other Professional Care Provider on the most recent findings or developments with respect to the particular material. All information is generalized, presented for informational purposes only, not medical advice, and presented “as is” without warranty or guarantee of any kind. Readers are cautioned not to rely on this information as medical advice and to consult a qualified medical, dietary, fitness or other appropriate Professional Care Provider for their specific needs.
4. RESPONSIBILITY OF CONTRIBUTORS.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory, (does not contain threats or incite violence towards individuals or entities), and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by A.I.M. Health, LLC or otherwise.
Without limiting any of those representations or warranties, A.I.M. Health, LLC has the right (though not the obligation) to, in A.I.M. Health, LLC’s sole discretion (i) refuse or remove any content that, in A.I.M. Health, LLC’s reasonable opinion, violates any A.I.M. Health, LLC’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in A.I.M. Health, LLC’s sole discretion.
5. RESPONSIBILITY OF WEBSITE VISITORS.
A.I.M. Health, LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, A.I.M. Health, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. A.I.M. Health, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. CONTENT POSTED ON OTHER WEBSITES.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which aimhealth.info links, and that link to aimhealth.info. A.I.M. Health, LLC does not have any control over those non-aimhealth.info websites and webpages, and is not responsible for their contents or their use. By linking to a non-aimhealth.info website or webpage, A.I.M. Health, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. A.I.M. Health, LLC disclaims any responsibility for any harm resulting from your use of non-aimhealth.info websites and webpages.
7. COPYRIGHT INFRINGEMENT AND DMCA POLICY.
As A.I.M. Health, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by aimhealth.info violates your copyright, you are encouraged to notify A.I.M. Health, LLC in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. A.I.M. Health, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of A.I.M. Health, LLC, or others, A.I.M. Health, LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, A.I.M. Health, LLC will have no obligation to provide a refund of any amounts previously paid to A.I.M. Health, LLC.
All the Websites’ materials, including, without limitation, all A.I.M. Health, Alison Ives Marra, and/or aimhealth.info product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © ____-2016 A.I.M. Health, LLC. ALL RIGHTS RESERVED. Unless expressly stated otherwise, A.I.M. Health, LLC or its suppliers or licensors own and retain other proprietary rights in all products available through the Website. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to A.I.M. Health, Alison Ives Marra, and/or aimhealth.info with appropriate and specific direction to the original content.
8. INTELLECTUAL PROPERTY.
This Agreement does not transfer from A.I.M. Health, LLC to you any A.I.M. Health, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with A.I.M. Health, LLC. Alison Ives Marra/A.I.M. Health, LLC, aimhealth.info, the A.I.M. Health logo, and all other trademarks, service marks, graphics and logos used in connection with aimhealth.info, or the Website are trademarks or registered trademarks of Alison Ives Marra, A.I.M. Health, LLC, or A.I.M. Health’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any A.I.M. Health, LLC or third-party trademarks. You hereby grant A.I.M. Health, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or A.I.M. Health, LLC services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with A.I.M. Health, LLC or the promotion thereof.
A.I.M. Health, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. A.I.M. Health, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
A.I.M. Health, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. DISCLAIMER OF WARRANTIES.
The Website is provided “as is” by A.I.M. Health, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. A.I.M. Health, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. LIMITATION OF LIABILITY.
In no event will A.I.M. Health, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to A.I.M. Health, LLC under this agreement during the twelve (12) month period prior to the cause of action. A.I.M. Health, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. GENERAL REPRESENTATION OF WARRANTY.
You agree to indemnify and hold harmless Alison Ives Marra/A.I.M. Health, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.