Terms

Please read the following Terms and Conditions (the “Terms”) carefully before using the Hale and Hearty website (“us”, “our” or “we”) or participating in any online features, using any Hale and Hearty mobile application that is made available by or on behalf of us, or otherwise engaging the services and/or programs offered by Hale and Hearty (collectively, the “Web Properties”).  These Terms are in effect for all of our Web Properties.

These Terms are not applicable to any other web page operated and/or owned by any entity other than Hale and Hearty, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties.  When visiting these third-party websites, you should refer to the Terms and Conditions in effect for the applicable owner.

If you choose to use the LevelUp service as a payment method for our products, you will be subject to the terms and conditions and privacy policy of LevelUp, each of which can be found at the LevelUp website located at www.thelevelup.com.  By using the LevelUp service, you agreed that we may receive certain of your Personal Information or generic information.  Our use of your Personal Information and/or generic information shall be as permitted in our capacity as a partner of LevelUp and in a manner consistent with Hale and Hearty’s Privacy Policy located at www.haleandhearty.com/privacy.

PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.   BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH HALE AND HEARTY REGARDING YOUR USE OF THE WEB PROPERTIES.  BY ACCESSING OR USING THE WEB PROPERTIES, YOU AGREE TO BE BOUND BY THE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.

We will make an effort to update this web page with any changes to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).

  1. CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you as a convenience and for your information only. By merely providing access to the Web Properties, Hale and Hearty does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) Hale and Hearty has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
  1. WEB PROPERTIES USE AND You may view, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you include the following copyright notice: “Copyright © 2014. Hale and Hearty. All rights reserved.” Hale and Hearty pages and materials may contain other copyright and proprietary rights notices and in no event may you remove, modify, or alter these notices. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Web Properties without the express, prior, written consent of Hale and Hearty.  YOU MAY NOT USE ANY WEB PROPERTY FOR ANY COMMERCIAL USE.  Any special rules for the software, audio files, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
  1. We may make changes to the Web Properties, the Content, and/or the User Content described in these Terms at any time and without further notice to you. We will make an effort to update this web page with any changes to the services described in these Terms.
  1. We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with Hale and Hearty’s Privacy Policy located at www.haleandhearty.com/privacy.
  1. USER ACCOUNT, PASSWORD AND SECURITY. To the extent that a user account is created by you to access and use any Web Property (“User Account”), the following shall apply:

(a)           USER ACCOUNT. To access certain types of features, the Content, and the User Content available through the Web Properties, we require the use of a username and password after setting up a User Account. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify Hale and Hearty of any unauthorized use of your username, password, or User Account, or any other breach of security, (ii) ensure that you exit from your User Account at the end of each session, and (iii) use a security passcode to secure your device where our mobile application may be installed or your User Account information is stored. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

(b)          ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Hale and Hearty has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(c)           NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password.

 

(a)               NO WARRANTIES FOR WEB PROPERTIES. When using the Web Properties, information will be transmitted in such a way that may be beyond the control of Hale and Hearty. As such, Hale and Hearty makes no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, AND THE USER CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HALE AND HEARTY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HALE AND HEARTY WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. HALE AND HEARTY MAKES NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. THE ENTIRE LIABILITY OF HALE AND HEARTY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CONTENT, USER CONTENT, PRODUCTS, OR SERVICES FOUND TO BE INADEQUATE.

 

(b)               INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Hale and Hearty and its directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Hale and Hearty, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or any claim that your User Content caused damage to a third party.

 

  1. LIMITATION OF LIABILITY. IN NO EVENT WILL HALE AND HEARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES AND/OR ANY CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY CONTENT AND/OR USER CONTENT PROVIDED, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY. ADDITIONALLY, HALE AND HEARTY SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING BUT NOT LIMITED TO LOST GOODWILL OR LOST PROFITS. HALE AND HEARTY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT YOU ACTUALLY PAID TO HALE AND HEARTY FOR GOODS OR SERVICES IN THE PRIOR SIX (6) MONTHS, IF ANYTHING. HALE AND HEARTY IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES, THE CONTENT AND/OR THE USER CONTENT. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF HALE AND HEARTY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.

Hale and Hearty may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). Hale and Hearty does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications.  THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER HALE AND HEARTY’S CONTROL AND, JUST AS WITH THE WEB PROPERTIES, HALE AND HEARTY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. HALE AND HEARTY MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEB PROPERTIES, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.

If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Hale and Hearty. In most cases, Hale and Hearty is not even aware that a third party has linked or refers to the Web Properties. A third party website that links to the Web Properties: (a) may link or refer to, but not replicate, the Content and/or the User Content; (b) may not create a browser, border environment, or frame the Content and/or the User Content; (c) may not imply that Hale and Hearty is endorsing it or its products or services; (d) may not misrepresent its relationship with Hale and Hearty; (e) may not present false or misleading information about Hale and Hearty’s products or services; and (f) should not include content that could be construed as distasteful, offensive, or controversial.

  1. INTELLECTUAL PROPERTY. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by Hale and Hearty. All applicable intellectual property laws, including copyright laws, protect Hale and Hearty’s rights in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms.

 

Hale and Hearty is the copyright owner or authorized licensee of all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of Hale and Hearty, or its subsidiaries or affiliates, that may be referred to on the Web Properties are the property of Hale and Hearty, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hale and Hearty’s, or its subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without Hale and Hearty’s prior written permission. Hale and Hearty aggressively enforces its intellectual property rights. Neither the name of Hale and Hearty, its subsidiaries or affiliates, nor any of Hale and Hearty’s other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without Hale and Hearty’s prior, written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 8 (Third Party Content and Third Party Applications) above may use the names “Hale and Hearty” or the title of any Content in or as part of that link.

 

  1. USER CONTENT. The Web Properties does, or may in the future, permit the submission of various forms of content submitted by you and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. HALE AND HEARTY DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL OR MAILING ADDRESS, SOCIAL SECURITY NUMBER, ETC.) BELONGING TO YOU OR ANYONE ELSE. UPLOADING IMAGES OR VIDEO OF OTHER PEOPLE WITHOUT THEIR PERMISSION IS STRICTLY PROHIBITED.

You shall be solely responsible for your User Content, and the consequences of posting or publishing it. You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Hale and Hearty and those other users of the Web Properties to publish, such User Content, all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content, and to enable inclusion and publication of the User Content on the Web Properties as Hale and Hearty deems appropriate; and (b) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and publication of the User Content in the manner contemplated by the Web Properties and these Terms. By providing User Content to the Web Properties you hereby grant Hale and Hearty a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish, and perform the User Content in connection with the Web Properties and Hale and Hearty’s (and its respective agents, affiliates’ and successors’) business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work, and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Web Properties a worldwide, non-exclusive, royalty-free, irrevocable, and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish, and prepare derivative works of, display and perform your User Content as permitted under these Terms.

You acknowledge that Hale and Hearty reserves the right to pre-screen User Content and that Hale and Hearty shall have the right (but not the obligation) in its sole discretion to refuse, move, and/or remove any User Content that is available on or through the Web Properties. You also consent that all User Content that you post to the Web Properties will at all times be available to us. Without limiting the foregoing, Hale and Hearty shall have the right to remove any User Content that violates these Terms or is otherwise objectionable, including reviews and ratings that portrays Hale and Hearty or any third parties in a negative light. You acknowledge and agree that you may not rely on any Content or User Content created by Hale and Hearty or submitted to or appearing on the Web Properties.

You agree to not use the Web Properties to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, bullying, tortious, false, defamatory, vulgar, obscene, pornographic, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an official, an employee of Hale and Hearty; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Properties; (vi) upload, post, email, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement); (vii) upload, post, email, transmit, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Hale and Hearty and other users of the Web Properties all of the license rights granted herein; (viii) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (ix) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Web Properties or any of the servers or networks connected to the Web Properties, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Properties; (xi) intentionally or unintentionally violate any applicable local, state, national, or international law; (xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.

You acknowledge and agree that, in addition to the other uses set forth in these Terms, Hale and Hearty may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (aa) comply with legal process; (bb) enforce these Terms; (cc) respond to claims that any User Content violates the rights of any third parties; or (dd) protect the rights, property, or personal safety of Hale and Hearty, its users, and/or the public. You further acknowledge and agree that each person that has access to your User Content may have less restrictions on his or her use of your User Content, and that you submit your User Content with the understanding that any claim you have with respect to such use by others shall be between you and such other person, and shall not include Hale and Hearty.

Hale and Hearty does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Hale and Hearty expressly disclaims any and all liability in connection with User Content. Hale and Hearty does not knowingly permit copyright infringing activities and infringement of intellectual property rights on the Web Properties, and Hale and Hearty will remove all Content and User Content if properly notified that such Content or User Content infringes or may infringe on another’s intellectual property rights. Hale and Hearty reserves the right to remove Content and User Content without prior notice. Without limiting Hale and Hearty’s right to cause the termination of a User Account for any or no reason, Hale and Hearty will also cause the termination of a User Account if he or she is determined to be a repeat infringer. A repeat infringer is a user of the Web Properties who has been notified of infringing activity more than twice and/or has had User Content removed from the Web Properties more than twice. Hale and Hearty also reserves the right to decide whether User Content is appropriate and complies with these Terms for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. Hale and Hearty may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. You acknowledge and agree that Hale and Hearty may disclose your identity in connection with any claim of an intellectual property violation.

  1. COPYRIGHT COMPLAINTS. Hale and Hearty owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on or through the Web Properties by third parties not within the control of Hale and Hearty. It is our policy not to permit materials known by us to be infringing to remain on or available through the Web Properties. Please notify us promptly if you believe that any materials on or available through the Web Properties infringe on your intellectual property rights or the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Hale and Hearty will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. When notifying Hale and Hearty of potential infringement, you must include the following:

 

  • identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Web Properties;
  • identification of the supposedly infringing material that is to be removed;
  • information reasonably sufficient to permit Hale and Hearty to locate the material on the Web Properties;
  • contact information reasonably sufficient to permit Hale and Hearty to contact the complaining party, such as an address, telephone number, or email address;
  • a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
  • a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and

 

  • the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

 

A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:

  • identification of the supposedly infringing material that is to be removed;
  • a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
  • the signature, physical or electronic, of you or a person authorized to act on your behalf.

Hale and Hearty will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.

Notice of alleged infringement must be sent by electronic mail to the Hale and Hearty Copyright Agent at info@haleandhearty.com or by certified mail and marked “Copyright Infringement” to Hale and Hearty Soups LLC, 75 Ninth Avenue, New York, NY 10011 Attn: DMCA AGENT

Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

  1. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to Hale and Hearty, to its partners, to the contributors, to the business of our Internet service provider, or to other information providers. If you violate any of these Terms, your permission to use the Content and/or the User Content pursuant to Section 2 (Web Properties Use and Content) automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or the User Content.
  1. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Hale and Hearty irreparable damage for which remedies other than monetary relief may be inadequate.  In such instances, you agree that Hale and Hearty may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
  1. EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any Web Property or in connection with the services (collectively the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, the User Content, and any products or services of Hale and Hearty, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
  1. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the State of New York. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts in New York County, New York and the United States District Court for the Southern District of New York, with respect to such matters.
  1. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Web Properties, you agree that the information submitted will be subject to Hale and Hearty’s Privacy Policy located at www.haleandhearty.com/privacy.

Your Consent To This Agreement

By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties.  Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:

Hale and Hearty Soups LLC

Attention – Website Privacy

75 Ninth Avenue

New York, NY 10011

212-255-2400

info@haleandhearty.com

Copyright © 2014. Hale and Hearty.  All Rights Reserved.

Effective as of: November 12, 2014

Last updated:  November 12, 2014