Terms of Service
Terms of Service:
The following terms and conditions govern all use of the behealthywealthynwise.com website and all
services and products available at or through the website (taken together, the Website). The Website is owned
and operated by Be Healthy, Wealthy, n Wise ("Be Healthy, Wealthy, n Wise"). The Website is
offered subject to your acceptance without modification of all of the terms and conditions contained herein and
all other operating rules, policies (including, without
published from time to time on this Site by Be Healthy, Wealthy, n Wise (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the
web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, then you may not access the Website or use any services. If these
terms and conditions are considered an offer by Be Healthy, Wealthy, n Wise, acceptance is expressly limited to
these terms. The Website is available only to individuals who are at least 13 years
- Your behealthywealthynwise.com Account and Site. If you create a blog/site on the
Website, you are responsible for maintaining the security of your account and blog, and you are fully
responsible for all activities that occur under the account and any other actions taken in connection with
the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner,
including in a manner intended to trade on the name or reputation of others, and Be Healthy, Wealthy, n Wise may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise
likely to cause Be Healthy, Wealthy, n Wise liability. You must immediately
notify Be Healthy, Wealthy, n Wise of any unauthorized uses of your blog, your account or any other breaches
of security. Be Healthy, Wealthy, n Wise will not be liable for any acts or omissions by You, including any
damages of any kind incurred as a result of such acts or omissions.
- 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 pornographic, 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 blog 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 blog is not named in a manner that misleads your readers into thinking that you are another
person or company. For example, your blog'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
Be Healthy, Wealthy, n Wise or otherwise.
By submitting Content to Be Healthy, Wealthy, n Wise for inclusion on your Website, you
grant Be Healthy, Wealthy, n Wise a world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting
your blog. If you delete Content, Be Healthy, Wealthy, n Wise will use reasonable efforts to remove it
from the Website, but you acknowledge that caching or references to the Content may not be made
Without limiting any of those representations or warranties, Be Healthy, Wealthy, n Wise has the right
(though not the obligation) to, in Be Healthy's sole discretion (i) refuse or
remove any content that, in Be Healthy's reasonable opinion, violates
any Be Healthy, Wealthy, n Wise 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 Be Healthy's sole discretion. Be Healthy, Wealthy, n Wise will have no
obligation to provide a refund of any amounts previously paid.
- the downloading, copying and use of the Content will not infringe the proprietary rights, including
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Be Healthy, Wealthy, n Wise the one-time and/or
annual subscription fees indicated (additional payment terms may be included in other
communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for
an Upgrade and will cover the use of that service for a monthly or annual subscription period as
indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Be Healthy, Wealthy, n Wise before the end of the applicable subscription period
that you want
to cancel a subscription, your subscription will automatically renew and you authorize us to collect
the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes)
using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled
at any time by submitting your request to Be Healthy, Wealthy, n Wise in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to
pay Be Healthy, Wealthy, n Wise the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day
your services are established and in advance of using such services. Be Healthy, Wealthy, n Wise reserves the
right to change the payment terms and fees
upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on
thirty (30) days written notice
to Be Healthy, Wealthy, n Wise.
- Support. If your service includes access to priority email support. "Email
support" means the ability to make requests for technical support assistance by email at any
time (with reasonable efforts by Be Healthy, Wealthy, n Wise to respond within
one business day) concerning the use of the VIP Services.
means that support takes priority over support for users of the standard or
free behealthywealthynwise.com services. All support will be provided in accordance
with Be Healthy, Wealthy, n Wise standard services practices,
procedures and policies.
- Fees; Payment. By signing up for a Services account you agree to
- Responsibility of Website Visitors. Be Healthy, Wealthy, n Wise 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, Be Healthy, Wealthy, n Wise 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. Be Healthy, Wealthy, n Wise 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.
- 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
behealthywealthynwise.com links, and that link to behealthywealthynwise.com.
Be Healthy, Wealthy, n Wise does not have any control over those non-Be Healthy, Wealthy, n Wise websites
and webpages, and is not responsible for their contents or their use. By linking to a
non-Be Healthy, Wealthy, n Wise website or webpage, Be Healthy, Wealthy, n Wise 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. Be Healthy, Wealthy, n Wise disclaims any responsibility for any harm resulting from your use of
non-Be Healthy, Wealthy, n Wise websites and webpages.
- Copyright Infringement and DMCA Policy. As Be Healthy, Wealthy, n Wise asks others to
intellectual property rights, it respects the intellectual property rights of others. If you believe that
material located on or linked to by behealthywealthynwise.com violates your copyright, you are
encouraged to notify Be Healthy, Wealthy, n Wise in accordance with Be Healthy's Digital Millennium Copyright Act ("DMCA") Policy.
Be Healthy, Wealthy, n Wise will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing
material. Be Healthy, Wealthy, n Wise will terminate a visitor's access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other
intellectual property rights of Be Healthy, Wealthy, n Wise or others. In the case of such
termination, Be Healthy, Wealthy, n Wise will have no obligation to provide a refund of any amounts
previously paid to Be Healthy, Wealthy, n Wise.
- Intellectual Property. This Agreement does not transfer from Be Healthy, Wealthy, n Wise to you any Be Healthy, Wealthy, n Wise or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties) solely
with Be Healthy, Wealthy, n Wise. Be Healthy, Wealthy, n Wise, behealthywealthynwise.com,
the behealthywealthynwise.com logo, and all other trademarks, service marks, graphics and logos used
in connection with behealthywealthynwise.com, or the Website are trademarks or registered trademarks
of Be Healthy, Wealthy, n Wise or Be Healthy'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 Be Healthy, Wealthy, n Wise or third-party trademarks.
- Advertisements. Be Healthy, Wealthy, n Wise reserves the right to display advertisements
on your blog unless you have purchased an ad-free account.
- Attribution. Be Healthy, Wealthy, n Wise reserves the right to display attribution links
such as 'Blog at behealthywealthynwise.com,' theme author, and font attribution in your blog footer
- Partner Products. By activating a partner product (e.g. theme) from one of our partners,
you agree to that partner's terms of service. You can opt out of their terms of service at any time by
de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously
registered domain name, you acknowledge and agree that use of the domain name is also subject to the
policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration
Rights and Responsibilities.
- Changes. Be Healthy, Wealthy, n Wise 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. Be Healthy, Wealthy, n Wise may also, in the future, offer new services and/or
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.
- Termination. Be Healthy, Wealthy, n Wise 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 or your behealthywealthynwise.com account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by Be Healthy, Wealthy, n Wise if you materially breach this Agreement and fail to cure such
thirty (30) days from Be Healthy's notice to you thereof;
provided that, Be Healthy, Wealthy, n Wise can terminate the Website immediately as part of a general shut
down of our
service. 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.
- Disclaimer of Warranties. The Website is provided "as is".
Be Healthy, Wealthy, n Wise and its suppliers and licensors hereby disclaim all warranties of any kind,
implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose
and non-infringement. Neither Be Healthy, Wealthy, n Wise 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
- Limitation of Liability. In no event will Be Healthy, Wealthy, n Wise,
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 for 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 Be Healthy, Wealthy, n Wise under this agreement during
the twelve (12) month period prior to the cause of
action. Be Healthy, Wealthy, n Wise 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.
- General Representation and Warranty. You represent and warrant that (i) your use of the
Website will be in strict accordance with
and with all applicable laws and regulations (including without limitation any local laws or regulations in
your country, state, city, or other governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data exported from the United States
or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the
intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Be Healthy, Wealthy, n Wise, its
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 your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement
between Be Healthy, Wealthy, n Wise and
you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of Be Healthy, Wealthy, n Wise, or by the posting by Be Healthy, Wealthy, n Wise of a
revised version. Except to
the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website
will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions,
and the proper
venue for any disputes arising out of or relating to any of the same will be the state and federal courts
located in Mendocino County, California. Except for claims for injunctive or equitable relief or
intellectual property rights (which may be brought in any competent court without the posting of a bond),
any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three
arbitrators appointed in accordance with such Rules. The arbitration shall take place in
Ukiah, California, in the English language and the arbitral decision may be
in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and
attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed
to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights
under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;
Be Healthy, Wealthy, n Wise may assign its rights under this Agreement without condition. This Agreement
will be binding
upon and will inure to the benefit of the parties, their successors and permitted assigns.
Terms for WP GDPR Compliance
Be Healthy, Wealthy, N Wise .com
TERMS AND CONDITIONS
Last Updated: May 31, 2018
The Terms and Conditions (“Terms”) describe how [Robert Burden, 345 B McKinley Street] (“Company,” “we,” and “our”) regulates your use of this website Be Healthy, Wealthy, N Wise .com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
- [YOUR ACCOUNT] [Note: this applies only if a user can register on the Site]
[When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.] [Note: this applies only if a user can register on the Site]
The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites..
- THIRD PARTY SERVICES
The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.
- PROHIBITED USES AND INTELLECTUAL PROPERTY
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
- THE COMPANY MATERIALS
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
- DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.
- TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at: [INSERT CONTACT DETAILS FOR COMPANY’S INTERNAL COMPLAINTS MECHANISM]. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
- Contact Information
We welcome your comments or questions about this Terms. You may contact us in writing at firstname.lastname@example.org or
Bob Burden: 345-B McKinley Street; Willits, CA; 95490