Terms of Service

Date Effective: 4-19-24
 

General
This website (revivehealthyliving.net) is owned and operated by Emilee Baker, Revive Healthy
Living LLC (“COMPANY” "we" or "us"). By using the Site, you agree to be bound by these
Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy
Policy, our Shipping Policy, our Return Policy and any additional terms and conditions that may
apply to specific sections of the Site or to products and services available through the Site or
from COMPANY. Accessing the Site, in any manner, whether automated or otherwise,
constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the
Site, from time to time, in which case we will post the revised Terms of Service on this website.
By continuing to use the Site after we post any such changes, you accept the Terms of Service, as
modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property
of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other
intellectual property laws. The Site is provided solely for your personal noncommercial use. You
may not use the Site or the materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of Service or by the owner of the materials, you may not
modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works,
exploit, or distribute in any manner or medium (including by email or other electronic means)
any material from the Site. You may, however, from time to time, download and/or print one
copy of individual pages of the Site for your personal, non-commercial use, provided that you
keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation,
comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet
groups, social media venues, or to any of our staff via email, text or otherwise, you are
representing: (i) that you are the owner of the material, or are making your posting or submission
with the express consent of the owner of the material; and (ii) that you are thirteen years of age
or older. In addition, when you submit, email, text or deliver or post any material, you are
granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative
works from, distribute, and/or publicly perform or display such material, in whole or in part, in
any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant
shall include the right to exploit any proprietary rights in such posting or submission, including,
but not limited to, rights under copyright, trademark, service mark or patent laws under any
relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and
anyone authorized by us, the right to identify you as the author of any of your postings or
submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be
deemed a “work made for hire” when the work performed is within the scope of the definition of
a work made for hire in Section 101 of the United States Copyright Law, as amended. As such,
the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY
shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or
all of the results and proceeds in any and all media, now known or hereafter devised, throughout
the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of
the results and proceeds of your submissions hereunder are not deemed a “work made for hire”
under Section 101 of the Copyright Act, as amended, you hereby, without additional
compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights,
including without limitation, all copyrights and trademarks throughout the universe, in perpetuity
in every medium, whether now known or hereafter devised, to such material and any and all
right, title and interest in and to all such proprietary rights in every medium, whether now known
or hereafter devised, throughout the universe, in perpetuity. Any posted material which are
reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any
postings or contributions of any kind and that COMPANY may elect to cease the use and display
of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as
the link does not state or imply any sponsorship of your site by us or by the Site. However, you
may not, without our prior written permission, frame or inline link any of the content of the Site,
or incorporate into another website or other service any of our material, content or intellectual
property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third
parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of
such sites, or the information, products or services offered on or through the sites. In addition,
neither we nor affiliates operate or control in any respect any information, products or services
that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers, are those of the
respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of any content.
Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of
any opinion, advice, or statement made on any of the Sites by anyone other than an authorized
COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE
SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS
THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their
successors, transferees, assignees and licensees and their respective parent and subsidiary
companies, agents, associates, officers, directors, shareholders and employees of each from and
against any and all claims, causes of action, damages, liabilities, costs and expenses, including
legal fees and expenses, arising out of or related to your breach of any obligation, warranty,
representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and
services online that are provided by third parties. We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these products and services. If you make a purchase
from a merchant on the Site or on a site linked to by the Site, the information obtained during
your visit to that merchant's online store or site, and the information that you give as part of the
transaction, such as your credit card number and contact information, may be collected by both
the merchant and us. A merchant may have privacy and data collection practices that are different
from ours. We have no responsibility or liability for these independent policies. In addition, when
you purchase products or services on or through the Site, you may be subject to additional terms
and conditions that specifically apply to your purchase or use of such products or services. For
more information regarding a merchant, its online store, its privacy policies, and/or any
additional terms and conditions that may apply, visit that merchant's website and click on its
information links or contact the merchant directly. You release us and our affiliates from any
damages that you incur, and agree not to assert any claims against us or them, arising from your
purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through
our Site, regarding payment and delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such dealings, are solely between you
and such third party. You agree that COMPANY shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your
behalf through the Site. You agree to use the Site and to purchase services or products through
the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases
for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a
particular product or service. You agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so. When making a purchase for a third
party that requires you to submit the third party's personal information to us or a merchant, you
represent that you have obtained the express consent of such third party to provide such third
party's personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and
email services, which allow feedback to us and real-time interaction between users, and other
features which allow users to communicate with others. Responsibility for what is posted on
bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any
email services on the Site, lies with each user - you alone are responsible for the material you
services online that are provided by third parties. We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these products and services. If you make a purchase
from a merchant on the Site or on a site linked to by the Site, the information obtained during
your visit to that merchant's online store or site, and the information that you give as part of the
transaction, such as your credit card number and contact information, may be collected by both
the merchant and us. A merchant may have privacy and data collection practices that are different
from ours. We have no responsibility or liability for these independent policies. In addition, when
you purchase products or services on or through the Site, you may be subject to additional terms
and conditions that specifically apply to your purchase or use of such products or services. For
more information regarding a merchant, its online store, its privacy policies, and/or any
additional terms and conditions that may apply, visit that merchant's website and click on its
information links or contact the merchant directly. You release us and our affiliates from any
damages that you incur, and agree not to assert any claims against us or them, arising from your
purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through
our Site, regarding payment and delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such dealings, are solely between you
and such third party. You agree that COMPANY shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your
behalf through the Site. You agree to use the Site and to purchase services or products through
the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases
for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a
particular product or service. You agree to only purchase goods or services for yourself or for
another person for whom you are legally permitted to do so. When making a purchase for a third
party that requires you to submit the third party's personal information to us or a merchant, you
represent that you have obtained the express consent of such third party to provide such third
party's personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and
email services, which allow feedback to us and real-time interaction between users, and other
features which allow users to communicate with others. Responsibility for what is posted on
bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any
email services on the Site, lies with each user - you alone are responsible for the material you
posted within these public forums may be provided by COMPANY staff, COMPANY's outside
contributors, or by users not connected with COMPANY, some of whom may employ
anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and
makes no representation as to the validity of any opinion, advice, information or statement made
or displayed in these forums by third parties, nor are we responsible for any errors or omissions
in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we,
our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on
information obtained through these forums. The opinions expressed in these forums are solely
the opinions of the participants, and do not reflect the opinions of COMPANY or any of its
subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the
message boards, chat rooms or other public forums on the Sites. However, you acknowledge and
agree that we have the absolute right to monitor the same at our sole discretion. In addition, we
reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in
part, for any reason and to disclose such materials and the circumstances surrounding their
transmission to any third party in order to satisfy any applicable law, regulation, legal process or
governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide certain demographic
information including your gender, year of birth, zip code and country. In addition, if you elect to
sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you
may also be asked to register with us on the form provided and such registration may require you
to provide personally identifiable information such as your name and email address. You agree to
provide true, accurate, current and complete information about yourself as prompted by the Site's
registration form. If we have reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any
and all current or future use of the Site (or any portion thereof). Our use of any personally
identifiable information you provide to us as part of the registration process is governed by the
terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will
receive through the Site's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are responsible for all activities (whether by you
or by others) that occur under your password or account. You agree to notify us immediately of
any unauthorized use of your password or account or any other breach of security, and to ensure
that you exit from your account at the end of each session. We cannot and will not be liable for
any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE,
INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS,
PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES
MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE
ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY
MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR
MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE
SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL
INFORMATION 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. IF YOU
HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD
ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH
RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF
SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION
PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY
SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE
OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE
PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION,
PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE
TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without
notice. In the event of cancellation or termination, you are no longer authorized to access the part
of the Site affected by such cancellation or termination. The restrictions imposed on you with
respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set
forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any
refund. Each specific product, service, event or course will specify its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under the U.S.
copyright law. If you believe in good faith that materials hosted by COMPANY infringe your
copyright, you, or your agent may send to COMPANY a notice requesting that the material be
removed or access to it be blocked. Any notification by a copyright owner or a person authorized
to act on its behalf that fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts
or circumstances from which infringing material or acts are evident. If you believe in good faith
that a notice of copyright infringement has been wrongly filed against you, the DMCA permits
you to send to COMPANY a counter-notice. All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for
details. 
Assignment
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective
assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights
hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the
foregoing, all rights and obligations under this Agreement may be freely assigned by
COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution:
These Terms of Use shall be governed by and construed in accordance with the laws of the State
of _Tennesse___ and any dispute shall be subject to binding arbitration in Memphis, TN. If any provision of this agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a
plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations,
class actions, private attorney general actions, and consolidation with other arbitrations aren't
allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside
over any form of a class or representative proceeding or claims (such as a class action,
consolidated action or private attorney general action) unless all relevant parties specifically
agree to do so following initiation of the arbitration.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is
found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and
the remainder of these Terms of Service will be given full force and effect. If the Class Action
Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable
and the dispute will be decided by a court.