Terms and Conditions

Effective Date: February 1, 2024

Thank you for visiting the website aka blog, www.TheHealthyLifestyleBlog.com, provided by The Healthy Lifestyle Blog, a subsidiary of EC Ventures, LLC. We are pleased to provide you with our content and services and appreciate your patronage.  Before you engage with our blog, app, or services, we encourage you to read these Terms of Service, so you know what to expect when visiting and engaging with our various properties.  

PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT") CAREFULLY.  THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER") AND THE HEALTHY LIFESTYLE BLOG and EC VENTURES, LLC ("COMPANY," "WE," OR "US").

By accessing or using any website with an authorized link to this Agreement (each a "Website"), accessing or using any application with an authorized link to this Agreement (“App,” together with the Websites, the “Properties”), registering an account, or accessing or using any content, information, services, features or resources available or enabled via the Properties (collectively with the Properties, the "Services"), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.  Except as otherwise provided herein, if you do not agree to be bound by this Agreement you may not access or use the Services.

Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their separate terms of service (“Third-Party Terms”) that differ from ours.  By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms of that company.  

Subject to Section 5.9 of this Agreement, the Company reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services.  You should regularly review this Agreement.  Your continued use of the Services after any such changes constitutes your agreement to such changes.

1.1 Registration Data.  When applying for or registering an account for any of the Services, including, but not limited to, subscribing or gaining access to a product or other subscription ("Account"), you agree to provide accurate, current, and complete information (the "Registration Data") and to promptly update your Registration Data in the event of a change of such Registration Data.   

1.2 Subscriptions.  If you subscribe to a Company publication for which there is a recurring charge, you agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption.  If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks.  Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which, unless otherwise noted, will be incorporated by reference into this Agreement.

1.3 Sponsored/Affiliate Content.  Certain portions of the Services may include content that contains links to third-party websites for which the Company may receive compensation from the operator of the third-party website by your clicking on or making a purchase on that site.  As described more fully in Section 3.4 below, by clicking on these links you understand and agree that you are leaving a Company Property and visiting a website that is not controlled by us. 

   

1.4 Lead Generation.  Certain portions of the Services may provide you with the opportunity to be contacted by third-party suppliers and others to obtain particular services.  By providing your contact information in connection with these Services, you understand and expressly consent to be contacted by these third parties using the contact information you provide and that we shall have no responsibility or liability whatsoever in connection with any products, work estimates, or the provision of services by these third parties.

1.5 Removal of Accounts.  The company reserves the right to remove or reclaim any usernames at any time and for any reason.  You agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by the Company.  

1.6 Company’s Privacy Policy.  Our information collection and use policies for the privacy of the Registration Data and any other data provided by you or collected by the Company are outlined in the Company’s Privacy Policy which is incorporated herein by reference into this Agreement.

2.1 Responsible Party for Content.  You understand, acknowledge, and agree that all user-generated content posted (that is, non-Company content), displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated (“User”).  This means that each User is entirely responsible for all content that that User makes available through their Services, or otherwise provides to the Company, whether online or offline, and whether or not solicited by the Company ("User Content").  User Content shall include submission of any ideas, suggestions, documents, and/or proposals to the Company.  The company has no obligation to pre-screen any User Content.  You agree to use all User Content and interact with any other User at your own risk.  Without limiting the foregoing, the Company reserves the right in its sole discretion but does not have an obligation to pre-screen, review, refuse, or remove any content.  Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by Company.  The company always reserves the right to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of this Agreement, Company’s policies, or applicable law.

2.2 Ownership of User Content.  The company does not claim ownership of any User Content made available on the Services ("Your Content").  However, when you as a User have Your Content posted or published on or in the Services, you represent that you have all the necessary rights to grant the Company the license to promote Your Content and sell your product, Except for Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.

2.3 Ratings and Reviews.  Ratings and reviews posted by Users on our Services are User Content that is not endorsed by the Company and does not represent the views of the Company.  To the fullest extent permitted by law, the Company does not assume liability for ratings and reviews or any claims for economic loss resulting from such ratings and reviews.  Because we expect Users to maintain a high level of integrity concerning ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your actual, first-hand experience with the applicable business, product, or service; (b) you will not provide a rating or review for any business, product, or service for which you have a competitive, ownership or other economic interest, employment relationship, or any other affiliation; (c) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) your review will comply with the terms of this Agreement.  If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, or otherwise violate the terms or spirit of this Agreement, we may exclude, prohibit, or remove such User Content without notice.

2.4 Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law.  You shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company's prior written consent, such as embedding links, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company or misrepresents your affiliation with any other person or entity; or (vi) that violates any other rules or regulations that we may post in connection with a particular feature of the Services.  You alone are responsible for the content and consequences of any of your activities.

3.1 Use of the Services.  Except for User Content, the Company and its suppliers own or are licensees of the rights, title, and interest required for the Services.  The Services are protected by copyright and other intellectual property laws throughout the world.  Subject to this Agreement, the Company grants you a limited license to use the Services solely for your non-commercial purposes.  Any future release, update, or other addition to the Services shall be subject to this Agreement.  The company, its suppliers, and service providers reserve all rights not granted in this Agreement.

3.2 Trademarks.  Company's stylized name and other related trademarks, graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of the Company and may not be used without permission in connection with any third-party products or services.  Other trademarks, logos, service marks, and trade names that may appear on or in the Services are the property of their respective owners.  You will not remove, alter, or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

3.3 Restrictions on the Use of Services.  You agree not to do any of the foregoing:

(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services; 

(b) you shall not frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout, or form) of the Company; 

(c) you shall not use any metatags or other “hidden text” using the Company’s name or trademarks; 

(d) you shall not modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; 

(e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape," harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); 

(f) you shall not use any data from the Services for the development of any software program (including but not limited to training a machine learning or artificial intelligence (AI) system); 

(g) you shall not access the Services to build a similar or competitive website, application, or service; 

(h) you shall not except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; 

(i) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third party’s intellectual property or other proprietary or legal rights; 

(j) you shall not use the Services in violation of any applicable law; 

(k) you shall not attempt to gain unauthorized access to other computer systems through the Services; 

(l) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and 

(m) you shall not attempt to harm our Services or use the Services in a manner that could interfere with any party’s use or enjoyment of the Services, including but not limited to, violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including utilizing overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services.  Any unauthorized use of the Services immediately terminates the licenses granted by the Company pursuant to this Agreement.

3.4 Third-Party Links.  The Services may contain links to third-party services such as third-party websites, applications, or products ("Third-Party Links").  When you click on such a link, we will not warn you that you are about to or have left the Services.  The company does not control and is not responsible for Third-Party Links.  The company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products, or services accessible through such links.  Your use of all Third-Party Links is at your own risk.

4.1 Indemnification.  You agree to indemnify and hold the Company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Company Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and costs) relating to or arising out of any claims concerning: (a) the violation of the rights of any third party, including intellectual property rights, by Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations.  Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. 

4.2 Disclaimer of Warranties and Conditions.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS.  THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.  THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT:

(A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR 

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK.  

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.  OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT THE COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE.  OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

4.3 Disclaimer of Certain Damages.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4 Cap on Liability.  UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO THE COMPANY BY YOU DURING THE TWELVE MONTHS BEFORE THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).  

4.5 Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES.

THE LAWS OF SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS. 

4.7 Survival.  You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Services.

5.2 Termination.  At its sole discretion, the Company may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party.  In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. 

 

5.3 Procedure for Making Claims of Copyright Infringement.  If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: 

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

(2) a description of the copyrighted work that you claim has been infringed; 

(3) a description of the location on the Services of the material that you claim is infringing; 

(4) your address, telephone number, and e-mail address; 

(5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and 

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  

Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: EC Ventures LLC, Attn: General Counsel, 2181 N. Tracy Blvd., #206, Tracy, CA 95376, or by email to pat@TheHealthyLifestyleBlog.com.  The company maintains a policy to terminate in appropriate circumstances the Service use privileges of all repeat infringers of copyright rights.  Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.

5.4 Electronic Communications.  The communications between you and Company use electronic means, whether you visit the Services or send Company e-mails, or whether Company posts notices on the Services or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."  The foregoing sentence does not affect your statutory rights.

5.5 Notice.  Where the Company requires that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing Company with your most current e-mail address.  If the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to the Company at the following address: EC Ventures LLC, Attn: General Counsel, 2181 N. Tracy Blvd., #206, Tracy, CA 95376.  Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

5.6 Governing Law and Exclusive Venue.  THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.  To the extent, the parties are permitted under this Agreement to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in San Joaquin County, California or federal courts located in the Eastern District of California.

5.7 International Users.  The Services are controlled and offered by the Company from its facilities in the United States of America.  The company makes no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

5.8 Export Control.  You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.  But without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.  By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

5.9 Entire Agreement.  This Agreement is the final, complete, and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior discussions between the parties to such subject matter.  Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.  Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.  This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company's prior written consent.  Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

5.10 Questions, Complaints, Claims, Permissions.  If you have any questions, complaints, or claims concerning the Services, please contact our customer service department using the contact information available on the Services.  We will do our best to address your concerns.  For usage and/or reprint permission requests, please email Pat@TheHealthyLifestyleBlog.com.

5.11 California Consumer Complaints.  Under California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.