Terms of Use

Table of Contents

Definitions

Below is a list of definitions to assist in clearly communicating the Terms of Use:

  • This Website – Is the web address, howihealthy.com.
  • Company – How i Healthy, LLC which is the responsible party for all activities of This Website.
  • Content – Any written, video, audio, or other form of communication or material which can be found on This Website or provided via a communication on behalf of or to This Website or Company.
  • Author(s) – Individuals who contribute Content to This Website. These contributors may or may not have been hired by Company.

General Summary

By using This Website, you accept this disclaimer in full.  If you do not agree with any part, then please do not use This Website or any items associated with it. This includes, and is not limited to, affiliated websites and companies.  These Terms of Use are subject to change. You agree to the most current Terms of Use each time you visit, so revisit this disclaimer to make sure you still accept these terms each time. By using This Website, you warrant that you are at least 18 years of age and can legally enter into this agreement or are accompanied by a legal guardian who can do so on your behalf.

This Website is provided by Company.  Any material contained within This Website or communications or material provided on behalf of This Website is property of Company; any rights and responsibility for such is born exclusively by Company.  Furthermore, any actions, activities, or any type of work done on This Website is exclusively performed by Company and, therefore, the property of Company.  Any words, nouns, phrases, or form of communication, including but not limited to “we”, “I”, or “us”, used within the Content of this Terms of Use and This Website do not change ownership or responsibility.  Unless otherwise noted, all Content and information found on This Website are based on the opinions of the Authors. Authors are not doctors, lawyers, physicians, therapists, psychologists, midwifes, nutritionists, health care professionals, or other professionals.  Any included Content is not intended to provide professional advice of any kind. 

This Website and its Content are no substitute for professional advice. If you feel the need to change your lifestyle or make any medical or health decisions, you should seek the assistance of the correct professional.  Content on This Website cannot be relied upon for such choices.  This Content is for information only and to share anecdotal knowledge and experiences.  None of the Content on This Website should be used to diagnose, treat, or prevent any ailment of any kind.  Acting upon any Content, or product, or service found via This Website is at your own risk.  Furthermore, Company makes no guarantee that there are no errors, omissions, inaccuracies, perceived inaccuracies, or any other oversight found on This Website.  In fact, there are no warranties or guarantees of any kind for any reason.

By violating this Terms of Use, Company may deny access, terminate accounts, or otherwise refuse service of any kind.  Company has sole discretion to determine what merits such termination or restriction to access.

Company is chartered under the laws of the State of Texas, USA and operates in accordance with applicable laws and regulations.

No Defamation Intended

No Content is intended to defame any party.

Health Statements Disclosure

Any Content provided by This Website may comment on the topic of health, wellness, and similar subjects.  Such Content should not be considered a diagnosis, treatment, or method of prevention for any ailment of any kind.  Such Content may also describe food, products, or other consumables; any Content on the possible impacts on health have not been confirmed by any official forum such as the Food & Drug Administration.

Accounts and Subscription

Some Content on This Website may require an account for access.  You agree to provide and maintain accurate and up-to-date information associated with your account.  You also agree that your account is your own, not made for anyone else, and not to include anyone else besides you.  Such account does not provide you any additional authority over Content and does not afford you any ownership.   Company may terminate your account if you are found in violation of Terms of Use or for any other reason.  Company has the sole Authority to terminate accounts.

By having an account, subscription, and/or providing your contact information, you are agreeing to communications by The Website and Company or its associates and affiliates.  It is not the intention that any such communications be considered “spam” or undesired communications, however, if you desire you may rescind an account or subscription.  Doing so may limit your access to Content previously afforded by having the account or subscription.

Federal Trade Commission Disclosure

The Federal Trade Commission, or FTC, requires any solicitation to have a disclosure of any financial interest (visit www.FTC.gov for more detail).  For example, Company stands to profit from many of the products and/or services included in the Content of This Website; this, in many cases, comes in the form of affiliations.  The intention of Company is to remain transparent, open, and honest with its readers.  To that end, please read the Affiliate Disclosure.  Regardless, please consider any link in which you click to be an affiliate link.  This means that if you were to purchase a product through such link, Company would earn a commission.  Some links may be for information only, but please assume that any link you chose to click on may provide compensation of some kind to Company.

Advertising

Company may or may not include various types of third party advertising on This Website.  Any such advertising or its Content does not reflect the practices and/or opinions of Company, its affiliates, or its Authors.  Company intends to make an effort to review advertising and remove any Content which is deemed inappropriate for This Website; however, Company is under no obligation to do so.

Unless otherwise noted, the Authors do not receive free products to review.  Therefore, any Content is based on the ideas and opinions of the Author after purchasing and/or experiencing products or service firsthand.  On occasion, the Authors may compare a firsthand subject to another product or service in which the Author is not firsthand in the efforts of comparison.  In the effort to remain transparent on This Website, the Authors may disclose any deviation from this practice.

Original Content

It is the intention that all Content on This Website is to be the original work of the Authors or by Company.  However, if you find that the Content seems to violate this intention, please contact Admin@HowiHealthy.com to provide comments.  Company will have the sole discretion to determine if the Content is plagiarized or otherwise copied, but it helps that readers provide any feedback to facilitate integrity.

Affiliate Disclosure

An affiliate link is a link which, when clicked, employs a tracking code to trace purchases.  In such an event, this tracking code traces back to This Website and a commission is applied by which Company may be compensated.  Although not all links on This Website are affiliate links, please assume that any link you click may result in compensation paid to Company.

Why:

Please understand that this is the primary method in which Company makes money.  It is not a lot per click, but it is compensation for the effort of Authors who put a lot of work into creating Content and sharing substantiated ideas.  Such compensation allows Company to maintain and improve on This Website.

How:

In some cases, Company may have an agreement which provides a promo code, but otherwise, it is more than likely that the price of the item or service you purchase will be the same regardless of affiliate links.

For example; if you go to EarthHero.com and purchase a rubber ball for $5, then the rubber ball will cost the same ($5) if you instead found it through an affiliate link on This Website.  However, EarthHero.com will compensate Company a small amount for brining the buyer.  This is similar to a commission or finder’s fee.

Who:

In an attempt to remain transparent, here is a list of websites which may be affiliates used on This Website:

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Please note that this list may not be exhaustive.  Assume that any link you click on may be an affiliate link and that all links provide some compensation to Company.

Product or Service Disclaimer:

Please understand that Company bears no responsibility or liability for any product or service which is included in Content and/or found through an affiliate link.  Products and services are not guaranteed or warranted by Company, or This Website, or the Authors.  Similarly, advertising and description of such products and services are not guaranteed or warranted by Company, or This Website, or the Authors.  Shipping, delivery, satisfaction, or any other association with product or service cannot be guaranteed by Company, or This Website, or the Authors.  Company, or This Website, or the Authors are not responsible or liable for any damage, loss, injury, harm, perceived harm, ailment, sickness, or any other adverse effect by product or service.

Advertising, Affiliate Programs, Promotions, & Sponsorships

Company does not participate in paid advertising such as CafeMedia/AdThrive, Google Adsense, BSA, OIO, Revenue Hits, or the Propeller Ads advertising network. 

Company does not work with, nor respond to, requests for any of the following:

  • Free product or service in exchange for a review
  • Paid link or link exchanges
  • Banner advertisements
  • MLM Multi-level or Pyramid Scheme Marketing
  • Unsolicited affiliate marketing or partnership requests
  • Guest post requests
  • Brand sponsorships
  • Unsolicited requests for promotion of products or services

Respectfully, any of the above requests will be marked spam and ignored.

Third-party sites and products

Content on This Website may include links to third-party websites.  Company and Authors are not responsible for the content found on third-party websites.  In addition, third-party websites may link to This Website.  In such cases, Company is similarly not responsible for the content found on those third-party websites.  Company and its Authors cannot be held responsible and do not warranty any third-party content, goods, or services.

Comment Policy

At this time, This Website does not intend to provide a forum for commentary on Content.  However, you are encouraged to reach out to Admin@HowiHealthy.com to leave comments that contribute constructively to discussions.  Please note that This Website, Company, and the Authors are under no obligation to make changes to This Website because of a comment or concern.  Nor is This Website, Company, or the Authors obligated to respond.

Please note that any Content found in the comments are subject to the Terms of Use.  For example, answers to questions related to health benefits are not being answered by doctors, lawyers, physicians, therapists, psychologists, midwife, nutritionist, health care professional, or any other professional.  To reiterate, none of the Content has been confirmed by any official forum such as the Food & Drug Administration or health care professional.

Please note that the Comment Policy is subject to change and any such changes may result in retroactive action as described below to any comment or post prior to and including the date of change.

Below are a list of rules and regulations associated with commenting on This Website.  Please note that comments become the property of Company as soon as posted. Company has all rights reserved and sole discretion to edit, move, remove, or any other action to any comments which do not comply with these rules and regulations or for any other reason.  Company has the right to block users who do not comply with these rules and regulations or for any other reason.  The rules and regulations below may not be exhaustive; action by Company may be taken for any reason.  If you do not agree with these terms, then please refrain from commenting.  Please be reminded that comments are public and Company or This Website makes no effort to make comments private or hidden.  If you post it, you understand it can be ready by any visitor to This Website.

Rules and regulations:

  • Comments must contribute to the subject in which they are associated. Off topic comments are not acceptable.
  • Comments may not include fictional material but must be true based on your personal experience.
  • Comments should have proper grammar and spelling. Of course mistakes will happen, but it is important that comments are legible if they are to contribute to the discussion.  Please make a clear effort to have proper grammar and spelling.
  • Comments may not be spam or advertisements.
  • Comments may not include any private or personal information.
  • Do not use a business name, blog name, or any other name that is not your real and full first name. Otherwise, the comment may be considered spam or advertisement.
  • Comments may not include links to any personal websites. Other websites may be linked only if it contributes to the subject.  Company has sole discretion to remove comments or posts with links.
  • Comments or posts on This Website are to be considered Content of Company without any license or other restriction to use, distribute, or reproduce in any form. Company may profit based on any Content on This Website.
  • Comments may not contain any copyright infringement or plagiarism. By commenting on This Website, you affirm that the comments are your own.
  • Comments may not include offensive language or inappropriate behavior. Personal attacks are not permitted.  Sometimes the concept of offensive can be subjective; Company has sole discretion in determining malevolent language or behavior.
  • If asking a question or otherwise prompting a response, please review the prior Content and comments for an answer. If a similar question has been asked, it is possible that your comment will remain unanswered or be removed.
  • By providing contact information, you are giving Company and the Authors of This Website permission to contact you. Such contact information is required to be real and your own.
  • By commenting on This Website, you agree to hold This Website, Company, and any Authors or affiliates harmless. Please review Indemnification in other location of Terms of Use.

In summary, be respectful of others and refrain from advancing personal gain.  This Website is a place of knowledge sharing; there is a lot of information and interpretations to share.  Please note that any rule or regulation above applies to both comments and signatures.

Please be reminded that by using this website you agree that you are at least 18 years of age and can legally enter into this agreement or are accompanied by a legal guardian who can do so on your behalf.  Company does not knowingly allow minors to use or comment on This Website.

Privacy Policy

Company and/or This Website may collect information such as name, email address, location, links clicked within This Website, activity within This Website, IP Address, or any other information.  This may be accomplished via cookies, server logs, or other means of tracking.  By using This Website you consent to this data collection.  The Privacy Policy is subject to change similar to the entirety of the Terms of Use.

This information is not intended to be sold or profited on by providing to third-party without prior notification to you.  Instead, such information is intended for use by This Website, Company and its associates and affiliations for the purposes of:

  • Improving website.
  • Communications with you.
  • Performing transactions with you.
  • Protecting This Website, Company and its associates and affiliations.
  • Other purposes.

It is possible that such information would be provided to law enforcement or other government agency as required by law; for example, subject to a subpoena.  Company and This Website may disclose information for the purpose of investigating illegal activity, violation of Terms of Use, or other reasons.

Company and This Website cannot guarantee loss, theft, alteration, or other unauthorized access to personal information.  In the case an account is created in association with This Website, it is up to the user to have strong passwords and remain diligent to confirm accounts have not been compromised.

Company and This Website may associate with other websites and cannot be held responsible for any activity of those websites.  You may desire to review any terms of use or similar document at any destination in which links or associations may bring you.

Please be reminded that information you provide to Company or on This Website, including but not limited to comments on website or blogs, may be public and not confidential and Company cannot be responsible for what third-party may use such information for.

Please be reminded that by using This Website you agree that you are at least 18 years of age and can legally enter into this agreement or are accompanied by a legal guardian who can do so on your behalf.  Company does not knowingly allow minors to use This Website nor does it knowingly collect information from users who are minors or contact users who are minors.

Ownership

Unless otherwise noted, any Content on This Website is the property of Company and may not be copied or printed without permission.  Exclusions to this are items such as stock photos or references.

Except with explicit written permission from Company, none of the Content on This Website may be used for commercial purposes or personal gain.  For example, such Content may not be reproduced, sold, referenced, or otherwise used for any financial gain.  This includes tags, trademarks, registers, or any other Content or material.

Copyright and Intellectual Property

All Content provided on This Website or its associates is property of Company and may not be used for personal or commercial purposes without its explicit written permission.  This includes, but is not limited to copyrights, trademarks, text, graphics, images, videos, audio, digital Content, data, website code, domain name, logo, key words, or other intellectual property.  Exclusions include stock photos or references which may have their own terms of use or similar document.

Furthermore, there may be no reuse, modification, or alteration to any copyrighted or intellectual property, to falsely associate with This Website or Company, to advertise, or for any other reason.

Changes and Edits

Company intends to provide a website where readers can learn up to date information in a comfortable environment.  Although Company is not required to do so, any Content including but not limited to articles and comments, may be edited, moved, removed, or any other action.  This may be in an effort to make This Website a comfortable environment or for any other reason.  For Additional information in regards to comments, please see section about Comment Policy.

Rights Reserved

Company has the exclusive right to terminate, reproduce, change, or otherwise alter any Content, copyrights, intellectual property, or any other Content on This Website.

Indemnification

By using This Website or any Content or material provided by Company, its Authors and any associates, you agree to indemnify, defend, and hold harmless all aforementioned parties against liabilities, losses, damages, claims, costs, order of any kind, and any other adverse impacts including, but not limited to costs and legal fees for violation of this Terms of Use or for any other reason.

Legality

Under no circumstances is it acceptable to use any Content on This Website or provided by Company or its associates and affiliations for illegal purposes.

Mediation & Arbitration

If for any reason there is litigation between you or a party, and Company then such proceedings are governed in all respects by the laws of the State of Texas, USA and venue will lie in Bexar County, Texas.  Parties agree to fist try to resolve dispute with mediation.  If in good faith the dispute cannot be resolved, the parties may agree to submit the dispute to arbitration, if all parties to the dispute agree, in accordance with the rules of the American Arbitration Association. Any party may commence arbitration of the dispute by sending a written request for arbitration to all other parties to the dispute. The request shall state the nature of the dispute to be resolved by arbitration, and, if all parties to the dispute agree to arbitration, arbitration shall be commenced as soon as practical after such parties receive the written request.

All parties shall initially share the cost of arbitration, but the prevailing party or parties may be awarded attorney fees, costs and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on all the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so.

Severability and Independent

If in any such case a portion of the Terms of Use is considered unenforceable, the remainder of the Terms of Use is to be considered enforceable in full.  Any invalidated portion of the Terms of Use is to be considered severable and independent so that it does not impact any other portion of the agreement.

Survival

This Terms of Use survives the termination of use, closing any accounts, closing the browser, or any other action which end your activity on This Website.

Relationship

By use of This Website, there is no assumed relationship, including but not limited to client, profession, or customer, between you and This Website or Company, or Authors.

Assignment

This Terms of Use is not assignable, delegable, or otherwise transferable by you.  By using this website, you are agreeing to these Terms of Use.  Furthermore, by using this website, you agree that you are at least 18 years of age and can legally enter into this agreement or are accompanied by a legal guardian who can do so on your behalf.

CAN-SPAM

Company intends to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 16 CFR Part 316 (“CAN-SPAM”).  If you provided an email address to receive communications such as email, you may unsubscribe at any time.  By doing so, you will no longer receive resources associated with a subscription.  If your attempts to unsubscribe are not successful, then please email Admin@HowiHealthy.com for support.

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Stay in the Loop!

And no worries, I’m a minimalist.

I won’t clutter your inbox.