Terms and Conditions

Version Date 04/07/21

Introduction

Health Conscious Solutions, LLC (the “COMPANY”) welcomes you to www.healthconscioussolutions.com (the “Website”), and any other websites operated by the Company

VISITORS TO OUR WEBSITE MAY HAVE ACCESS TO WEBSITE CONTENT SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE GOVERNING YOUR USE OF THE WEBSITE AND ANY TRANSACTIONS THAT ARE INITIATED THROUGH THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF USE. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ ALL INFORMATION CAREFULLY.

In these terms and conditions, “We/us/our/[d/b/a]” means Health Conscious Solutions, LLC. The “Website” means the website located at www.healthconscioussolutions.com (or any subsequent URL which may replace it) and all associated websites and micro sites of Health Conscious Solutions, LLC. “You/your” means you as a user of the Website.

By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound be these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of the terms contained herein, then please do not use or access the Website. To access or use the Website, you must be 18 years or older and have the requisite authority to enter into these Terms and Conditions.

Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

Website Disclaimer

All sites maintained under Health Conscious Solutions, LLC are continually under development. Health Conscious Solutions, LLC and Jennifer Garibaldi makes no warranty of any kind, implied or express, to the accuracy, completeness or appropriateness for any purpose of information contained on this site.

Visitors and Registered Users

Any user who voluntarily signs up for more information (e-newsletter, promos, bonus materials, etc), or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service or program.

We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors. Visitors can view all publicly available content on the Website and also contact us by email.

Registered Users. Registered Users can access all publicly available content on the Website, contact us by email, and upon registration for an e-newsletter, product, service or program, may also gain access to exclusive content hosted as part of this Website.

The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.

Electronic Communications

Sending emails to Health Conscious Solutions, LLC or visiting www.healthconscoussolutions.com is considered to be electronic communication. We will communicate with you by email or by posting notices on the Website. You agree to receive electronic communications and you agree that all agreements, notices, disclosures, and all other communications that we give to you electronically fulfills any legal requirement that such communications be in writing.

Content Linked to the Website

Occasionally, we may include or provide third-party links on our Website. Clicking on links that take you outside of our Website to any other webpage including those of other businesses, service providers, affiliates, or partners of joint ventures or content partners, whether affiliated with our product or not, you assume all the risk, responsibilities and consequences resulting from your use of or access to third-party websites. Health Conscious Solutions, LLC is not responsible for any of the contents of other websites as the Company does not control these Websites. Other websites not under the control of Health Conscious Solutions, LLC may be bound by different terms of use and privacy policies. You agree that we are not responsible for evaluating the content of other sites, additionally we are not responsible for the availability of any external sites or resources, and do not support and are not responsible or accountable, directly or indirectly, for the content or privacy practices (including misrepresentative or offensive content) of any third party websites, including, without restriction, any advertising, products or other materials or services on or accessible from such websites, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or dependence on any such content, goods or services accessible on such external sites or resources.

Blog Articles and Online Courses (E-Courses)

When you purchase an online course or read a blog article, you agree to this Terms of Use and Liability Waiver. The information in our online courses and blog articles is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. Health Conscious Solutions, LLC makes no representations, guarantees or warranties that the information in our online course is appropriate for you or will result in improvement of your medical condition or function. Our courses are intended for women who are tired of dieting and are looking for a non-diet approach to wellness. The information in our online course is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. The information and instruction in our online courses and blogs are not intended to be “medical nutrition therapy” "nutrition counseling" or medical advice, especially since we have not had an individual counseling session and recommended a nutrition intervention specific to your individual condition/situation. Any advice, techniques, or recommendations on our blog or online course isn't to be taken as a personal recommendation for you to any specific health condition. You are to use your own discernment and seek help from a credentialed and competent professional. Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems. By purchasing any online course or reading any blog article, you are assuming the risk that the recommendations may not be appropriate for you. Again, seek counsel with a qualified health professional when required.

Intellectual Property

Unless otherwise indicated, the Website and the Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics, as well as all legal forms (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned by or licensed to us, and are protected by copyright and trademark laws and other various intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions. The Content on the Site, including without limitation, all legal forms, is provided to you “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Services and no Content or Marks may be copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, encoded, translated, sold, licensed or otherwise exploited for any commercial purposes whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Content, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

International Users

Health Conscious Solutions, LLC is based in the United States. Whether inside or outside of the United States, you are exclusively responsible for safeguarding obedience with all applicable laws of your specific jurisdiction.

Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries and affiliates, and our respective officers, agents, partners and employees, from and against, any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Website or the Services; (2) a breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to, intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), then such dispute will be submitted to the American Arbitration Association, or a similar arbitration service selected by the parties, at a location agreed upon, mutually, by the parties. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and imposed in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as conditions may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for all arbitration and attorney fees.

Class Action Waiver

All arbitrations under these Terms and Conditions shall be restricted to the Dispute between us and you, exclusively. Collective actions and class arbitrations are not permitted. YOU AGREE THAT YOU ARE ALLOWED TO BRING CLAIMS AGAINST US ONLY INDIVIDUALLY AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING.

Disclaimer and Limitation of Liability

THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT BY USING THE SITE AND THE SERVICES ARE DONE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE RENOUNCE ALL WARRANTIES, EXPRESS OR IMPLIED, IN ASSOCIATION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) INACCURACIES, ERRORS OR MISTAKES WHATESOEVER OF THE CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED WITHIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (5) ANY VIRUSES, BUGS, MALWARE, TROJAN HORSES OR ANY HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY MISTAKES OR EXCLUSIONS IN ANY CONTENT, MATERIALS OR SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND EXPERIENCED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSFERRED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. WE DO NOT MERIT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE INVOLVED IN OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LEGALLY RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, IN ANY CASE WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

WHERE SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR EXCLUSIONS TO THE EXTENT STATED ABOVE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY, COMPLETELY OR IN PART, NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Changes to Terms

Health Conscious Solutions, LLC reserves the right change, modify or remove the contents of the Webiste or any of the terms or conditions contained in these Terms of Use as deemed necessary or for any reason, in our sole discretion, with no notice. We have no obligation to update any information on the Website. We have the right to change or stop all or part of the Services at any time or for any reason, in our sole discretion, with no notice. We will notify you about any changes by updating the “Version Date” of the Terms of Use. Any and all changes will be effective immediately upon posting the updated Terms of Use on the Website, and you agree to waive any right to receive specific notice of each and every change or update. The most current version of the Terms of Use will supersede all previous versions and your continued use of the Website or the Services after an update means you are accepting and agreeing to be bound by the updated Terms of Use. We strongly encourage you to periodically review these Terms of Use to stay abreast of updates.

Health Conscious Solutions welcomes your questions and feedback regarding the Terms

Health Conscious Solutions

10223 Broadway Street Suite P 401

Pearland, Texas 77584

Email: jennifer@healthconscioussolutions.com