HEALTHSIMPLE® TERMS AND CONDITIONS
Welcome to the HEALTHSIMPLE® Program by the SPLENDA® Brand. This program is intended to help adult men and women live healthier lives. The HEALTHSIMPLE® Program provides individuals with tools, resources, recipes, and education necessary to make simple steps to better living.
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES, INCLUDING APPLICATIONS DESIGNED TO BE USED ON YOUR COMPUTER. BY ACCESSING, USING, OR SUBSCRIBING TO THIS WEBSITE, OR ANY OTHER SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH MCNEIL NUTRITIONALS, LLC and HEALTHMEDIA, Inc. and NUTRIHAND, INC.
Introduction
This Website, and the information, content, products, and other services it makes available (which, collectively are referred to as the "Website"), is provided to you by McNeil Nutritionals, LLC. These Terms and Conditions (this "Agreement") set forth the terms and conditions governing your use of this Website.
Website Intended Audience
This Website is operated by McNeil Nutritionals, LLC from its offices in the United States. This Website is directed to adults in the United States and is not intended for children under the age of eighteen (18) or those who are nursing or pregnant.
Program Description
HEALTHSIMPLE® is a personalized and comprehensive health and wellness program made available online by the makers of SPLENDA® Sweetener. Parts of the Website will be made available to you upon visiting www.healthsimple.com; however, HealthMedia® BALANCE®, HealthMedia® MOVE®, HealthMedia® STEP-BY-STEP™, Meal Manager, and exclusive SPLENDA® Savings (“Code Restricted Website Areas”) can only be accessed by entering a unique code available on specially-marked SPLENDA® Sweetener products. Once you enter a participating unique code, you will have access to the Code Restricted Website Areas for as long as you participate in the applicable program or as long as the program is made available. If, at any time, you do not log into your account for six (6) months or longer, you will no longer have access to the Code Restricted Website Areas. You will be able to regain access to the Code Restricted Website Areas by entering a new unique code; however, any information you submitted for participation in the program may no longer be associated with your account and and may have to be re-submitted. Limit one (1) account per person/email address.
Ownership and Intellectual Property Rights
This Website is owned by McNeil Nutritionals, LLC. All rights to, title to, and interest in the content available via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of McNeil Nutritionals, LLC or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Modification to the Agreement
McNeil Nutritionals, LLC may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. The “Last Modified” date at the bottom of the Terms and Conditions will indicate when the latest changes were made. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
Contact Information
If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this site, or if you would like to opt out of future communications, please contact us as follows:
1-800-777-5363 and McNeil Nutritionals, LLC Fort Washington, PA 19034-2299
Privacy
The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy and Legal Notice. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or submit any materials on it.
Electronic Communications
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance with Laws
You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
License to Use Content
McNeil Nutritionals, LLC grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the content. You may not use any content available via the Website in any other manner or for any other purpose without the prior written permission of McNeil Nutritionals, LLC. All rights not expressly granted in this Agreement are expressly reserved to McNeil Nutritionals, LLC.
Trademark Notices
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by McNeil Nutritionals, LLC or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by McNeil Nutritionals, LLC or its affiliates without the prior written consent of McNeil Nutritionals, LLC.
Protection of Intellectual Property Rights and License
You acknowledge that all other content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third-party advertisers (the “Other Content”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by McNeil Nutritionals, LLC herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any Other Content (including, without limitation, any software) available through the Website.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Other Content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the Other Content. You may not copy, reprint, modify, distribute, or sell Other Content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of McNeil Nutritionals, LLC. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of McNeil Nutritionals, LLC. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of McNeil Nutritionals, LLC content, under any Other Content or under any associated intellectual property rights. Any rights not expressly granted herein are reserved.
Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
MCNEIL NUTRITIONALS, LLC, HEALTHMEDIA, INC., NUTRIHAND, INC., AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE MCNEIL NUTRITIONALS, LLC STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, MCNEIL NUTRITIONALS, LLC CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Disclaimer of Warranties with Respect to Use of the Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCNEIL NUTRITIONALS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MCNEIL NUTRITIONALS, LLC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MCNEIL NUTRITIONALS, LLC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCNEIL NUTRITIONALS, LLC OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
MCNEIL NUTRITIONALS, LLC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
ADDITIONALLY, IN NO EVENT WILL MCNEIL NUTRITIONALS, LLC OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING WITHOUT LIMITATION DUE TO THE THEFT, DESTRUCTION OR OTHER THIRD-PARTY MANIPULATION OF YOUR COMPUTER, MOBILE DEVICE OR OTHER DEVICE); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MCNEIL NUTRITIONALS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You agree to indemnify and hold harmless McNeil Nutritionals, LLC, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement or (2) the content you submit, post, or transmit through the Website.
Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your HEALTHSIMPLE® Program account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless activities are undertaken by McNeil Nutritionals, LLC).
Modification or Suspension
McNeil Nutritionals, LLC may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.
Termination
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of Pennsylvania without giving effect to any principles of conflicts of law. Any legal action or proceeding between McNeil Nutritionals, LLC and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Pennsylvania, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Contact Information
If you have any questions or concerns with respect to this Agreement or the Website, you may contact a McNeil Nutritionals, LLC representative at 1-800-777-5363 and McNeil Nutritionals, LLC, Fort Washington, PA 19034-2299.
This policy was last revised on 10/14/2011.