Membership Blog Podcast

Terms of Use

 

THE HYPOTHYROIDCHEF.COM WEBSITE, INCLUDING ITS SUBSITES (TYPICALLY ANY WEB PAGES WITHIN THE HYPOTHYROIDCHEF.COM DOMAIN OR SUBDOMAINS) THAT DISPLAY THESE TERMS, AND ALL SOFTWARE, PRODUCTS, APPLICATIONS, SOCIAL MEDIA PLATFORMS, APPLICATIONS, TOOLS AND CHANNELS, MOBILE SITES, FEATURES AND SERVICES MADE AVAILABLE, DISPLAYED OR OFFERED BY OR THROUGH OUR WEB SITE, SUBSITES AND APPLICATIONS (COLLECTIVELY, THIS “SITE“) IS OWNED AND OPERATED BY OR ON BEHALF OF MAHAR CREATIVE LLC. YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE (“TERMS OF USE”) AND ALL APPLICABLE LAWS.


BY ACCESSING OR USING THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE AS SPECIFIED, DO NOT ACCESS OR USE THIS SITE OR THE CONTENT OR SERVICES PRESENTED HEREIN.


CERTAIN PORTIONS OF THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED BY US, OR REQUIRED BY OUR PARTNERS, AFFILIATES, CONTRACTORS, OR OTHER THIRD PARTIES FROM TIME TO TIME; YOUR USE OF THE WEBSITE IS SUBJECT TO ACCEPTANCE OF ALL THOSE ADDITIONAL TERMS AND CONDITIONS WITHOUT QUALIFICATION. ANY ADDITIONAL TERMS OR CONDITIONS REQIRED BY US FOR PORTIONS OF OUR SITE ARE INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.


Mahar Creative LLC, together with its subsidiaries, are collectively referred to in these Terms of Use as “we,” “us,” “our,” or other similar pronouns.

 

Privacy Policy

We respect your privacy. We collect, use, and at times share data, and such disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.

Registration and Eligibility

Users may create an account to access various features of this Site, such as registration for a challenge, access to content, and use of other functions within the site. If you register, you agree to provide us with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension of access to your account or the termination of your account and deletion of all data associated with your account. Failure to provide accurate, truthful, complete, and updated registration information for certain events or programs offered by or run through the site may also lead to your disqualification, expulsion or denial from such event and programs. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THE SITE, YOU ASSUME ALL RESPONSIBILITY FOR SUCH DISCLOSURE AND ALL OUTCOMES OR EVENTS STEMMING FROM SUCH DISCLOSURE.

You must be 18 years of age or over to create an account on this site. Only after you have created an account are you able to register for an event or program through this Site and therefore you assert through your registration that you are 18 years of age or older for all events and programs. If you are under the age of 18, you may not use the Site. If you are a minor age between the ages of 13 and 18, you may only register for an account in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Site and the User Content (as defined below), including all legal liability he or she may incur. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

Passwords

When you are required to open an account to use or access this Site or any of its programs or services, you will also be asked to provide a user name and password. You agree that we may store and use all registration data, including the user name and password you provide for use in maintaining your account. You are entirely responsible for maintaining the confidentiality and security of your user name and password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account. We shall not be liable for any loss that you incur as a result of someone else using your user name and password to access the data you provided or the data we gathered about you, either with or without your knowledge if that usage results from your disclosure of the user name and password. You may be held liable for any losses incurred by our officers, directors, employees, consultants, staff, agents, and representatives due to someone else’s use of your account due to your disclosure or sharing of your user name and password. We reserve the right to refuse creation of a user account, or cancel a user account, at our sole discretion for any reason or no reason at all. You may not sell or transfer your account, or otherwise allow any third party to use your account for any purpose.

Medical Disclaimer

You expressly acknowledge and agree that Mahar Creative LLC and this Site do not provide medical advice and that we are not a substitute for professional medical diagnosis, treatment, advice, or a medical examination or evaluation. The content of this Site contains general information (overview information not of a medical nature or advice from those with experience as laymen in relating to thyroid-related symptoms) relating to certain thyroid conditions and their treatment, where some general information is provided by Mahar Creative LLC and some provided by third-parties. Third-parties assume all responsibility for general information provided by such third-parties. Such general information is provided for informational purposes only and is never intended to replace or substitute services provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing any health problems or diseases. Prior to participating in any event, program, exercise, mobilization, training, activity, diet, supplement usage, or use of any product, program, workout, or treatment presented or referred to on this Site, you should consult your physician and other qualified health-care professional. You understand that there is an inherent risk in any exercise that can lead to or cause health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with Mahar Creative LLC or this Site are done at your sole discretion and risk. Reliance on any information provided by us, presented on the Site or at the suggestion of others providing information on this Site is done solely at your own risk.

Use of Site; Limited License

All content on this Site and otherwise available through this Site by Mahar Creative LLC, including our designs, logos, artwork, text, graphics, images, data, information, diagrams, software, applications, music, sounds, interactive features, video, audio and other files, and all other copyrightable or otherwise legally protectable elements of the Site, including, without limitation, their selection, compilation and arrangement, is owned by Mahar Creative LLC or its licensors. No Site content may be modified, distributed, framed, copied, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed, bartered, leased, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use or as expressly authorized in writing by Mahar Creative LLC. Content provided by our affiliates, consultants, sponsors, and other third-parties are the property of those third-parties and governed by their intellectual property rights.
Subject to these Terms of Use, authorized users may access and use this Site and this Site’s content and download or print a reasonable number of copies of portions of this Site content to which the user has properly gained access using the user name and password of the user, and may be used solely for the user’s personal, non-commercial use, provided that the user maintains all copyright or other proprietary notices, and does not alter the printed content in any way whatsoever such Site content. You may not publish or otherwise distribute Site content in any form using any media or distribution method. You may not use any automated methods to obtain Site content. Any use of this Site or this Site’s content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to accessing this Site. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site at any time for any reason or no reason at all. Intellectual property rights may be held by a third party, and permission to use such materials must be requested from the third party. All rights of Mahar Creative LLC or its licensors that are not expressly granted in these Terms of Use are strictly reserved to Mahar Creative LLC and its licensors.

Links to and from this Site

Unless otherwise notified by us, you are free to link to this Site so long as you make it clear that (a) the linked content belongs to Mahar Creative LLC; (b) all content on the site is not your own; and (c) the originating website makes no claim of owning, being related to, or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, Mahar Creative LLC in any way whatsoever.
This Site may contain links or references to other websites and social media applications, tools or platforms maintained by third parties over whom we have no control. Such links are provided merely as a convenience and are not endorsed, recommended, or otherwise promoted by Mahar Creative LLC. Mahar Creative LLC makes no claims to the accuracy, appropriateness, or completeness of content on third-party sites. If you decide to access or use any third-party content, you do so at your own risk.

Unsolicited Submissions

Mahar Creative LLC welcomes your participation and contributions to its online forums and discussions, including your feedback and comments on your experiences with any program or service. Mahar Creative LLC has a strict policy not to accept or consider unsolicited ideas, suggestions and other material and therefore will neither review nor respond to any such unsolicited communications. If you do submit any feedback, comments, ideas, suggestions, concepts, workouts, marketing plans, names for new challenges, or material (collectively, “Submissions“) to Mahar Creative LLC, including any Submissions that we have asked you not to submit to us, then regardless of what your Submission and any accompanying correspondence might say, by submitting your Submission you acknowledge and agree that you have given up all rights to such material and that you shall not at any time make any claims to any unsolicited material based on any legal claim or assertion of rights, including by not limited to copyright, trade secret, patent, or trademark. We shall determine, in our sole discretion, whether information or communication you submit to the Site or to Mahar Creative LLC in any form or through any medium constitutes an unsolicited Submission or is considered User Content.

SOFTWARE AND APPLICATIONS AVAILABLE ON THIS SITE

Any software or application (“Software“) that is made available via this Site is the copyrighted work of Mahar Creative LLC and/or third-party, where such third-party is associated with Mahar Creative LLC but such third-party is legally responsible for all content provided by or on behalf of said third-party. In addition to these Terms of Use, your use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement“), which License Agreement governs use of such Software. Where any such License Agreement conflicts with these Terms of Use, these Terms of Use shall prevail. For any Software owned or licensed by Mahar Creative LLC and not accompanied by a License Agreement, the following shall constitute the License Agreement:


“Subject to the Mahar Creative LLC Terms of Use and your agreement therewith, Mahar Creative LLC hereby grants to you, the user, a single person, single installation, non-transferable, non-exclusive license during the term of this license agreement to use the Software for its intended purpose in accordance with this license agreement, and for no other purpose. Please note that the Software is protected by copyright laws and may be protected by additional laws, including but not limited to patent, trade secret, and international treaty provisions. Any reproduction, exchange, transfer or redistribution of the Software is expressly prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.”


WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCTION, REVERSE ENGINEERING, DECOMPILING, DERIVING SOURCE CODE FROM, OR DISASSEMBLING, IN WHOLE OR IN PART, OF ANY SOFTWARE OWNED OR LICENSED BY MAHAR CREATIVE LLC AND MADE AVAILABLE VIA THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, OR CREATING DERIVATIVE WORKS BASED OFF SUCH SOFTWARE, IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THESE TERMS OF USE, THE MAHAR CREATIVE LLC TERMS OF USE SHALL CONTROL WITH RESPECT TO THE SOFTWARE. ANY SOFTWARE OWNED OR LICENSED BY MAHAR CREATIVE LLC AND PROVIDED BY MAHAR CREATIVE LLC THROUGH THE SITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY TYPE WHATSOEVER UNLESS SPECIFIED IN SEPARATE TERMS WITHIN THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO THE “NO WARRANTIES” SECTION OF THESE TERMS OF USE, MAHAR CREATIVE LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE OWNED OR LICENSED BY MAHAR CREATIVE LLC, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

User Content

By submitting, posting, uploading, displaying, describing, transmitting, or otherwise distributing information to any user or on any public or limited public forum or visible area, you acknowledge you have provided content (“User Content“), to this Site, you authorize Mahar Creative LLC to treat such User Content as non-confidential and non-proprietary. Immediately upon uploading or otherwise providing such User Content you grant Mahar Creative LLC, its subsidiaries, associates, partners, officers, directors, employees, staff, consultants, agents, and representatives, a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable, and freely transferable right and license to reproduce, publish, distribute, display, perform, modify, adapt, broadcast, license, sell, translate, create derivative works from, and otherwise use User Content, in whole or in part, for any purpose supporting the operations of Mahar Creative LLC. You agree that Mahar Creative LLC may so use your User Content without compensation or credit to you. To the extent permitted by applicable laws, you also give up any claim to any legal use of your User Content use by Mahar Creative LLC and/or its subsidiaries, partners, associates, or third-party providers or sublicensees. Should you provide any private information or information protected by any state or federal privacy law, such disclosure constitutes granting permission to use, publish, or otherwise disclose such private information within the User Content you provided.


You agree that you shall not upload or otherwise transmit on or through the Site any User Content that is subject to any third-party rights. By posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, upload, distribute, display, perform, transmit, or otherwise use User Content, and to license and permit Mahar Creative LLC to use the User Content as described above, and that Mahar Creative LLC may use the User Content you provided as described above and that such use will not violate any rights of or require any compensation to any third party.


You are solely responsible for the User Content, and any other content, information, material or data that you upload, publish or display on or through this Site and agree to indemnify Mahar Creative LLC for an action brought by any party contesting ownership or other rights to any content with the User Content you provide.


You understand and agree that Mahar Creative LLC may, but is not obligated to, review on User Content on the Site and may delete, edit, refuse to post or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason at all. Mahar Creative LLC does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. You understand and agree that Mahar Creative LLC has no backup or storage obligations regarding User Content.


Reporting Violations of Your Copyrights or other Intellectual Property Rights
We will respond to notices of alleged copyright or other intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. In the event we receive a written demand from a third party alleging that any User Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, we may in our sole discretion, remove or disable access to such User Content, with or without regard to the merit of such allegations.


If you are a copyright owner, or an agent thereof, and believe that any of the content on this Site infringes upon your copyright or other intellectual property rights, pursuant to the DMCA, you may submit a notification that complies with 17 U.S.C. 512(c)(3), and provides us with all of the following required information:

  • Registration or other official information verifying ownership of the intellectual property;
  • Identification of the protected work and intellectual property right (i.e., copyright or trademark) claimed to
  • have been infringed;
  • Identification and location of the infringing material sufficient to permit Mahar Creative LLC personnel to locate the material;
  • Information sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner or permitted by law (such as fair use); and
  • A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the intellectual property right(s).

With respect to content that was taken down due to a copyright infringement claim, if you believe that your content that was removed or hidden from view and is not copyright infringing, or that you have authorization from the rightful copyright owner or pursuant to law to use the allegedly infringing material, you may send a counter-notice containing the following information to the Copyright Agent:

  • Registration or other official information verifying ownership of the intellectual property;
  • Identification of the protected work and intellectual property right (i.e., copyright or trademark) claimed to have been infringed;
  • Identification and location of the infringing material sufficient to permit Mahar Creative LLC personnel to locate the material;
  • A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material removed or disabled; and Information sufficient to permit us to contact you.

If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that it may repost the removed material in 10 business days. Unless the copyright owner files an action seeking a court order against the material provider, member, or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. See 17 U.S.C. 512(g)(3) for further details.


Mahar Creative LLC will receive notifications of claimed infringement and counter-notices at email at [email protected]. This e-mail address is intended solely for the receipt of legal “Notifications of Claimed Infringement” under the DMCA. It is not intended for general inquiries and permission requests concerning the use of Mahar Creative LLC content.

Trademarks

"Thyroid RefreshⓇ" and "THYROID30Ⓡ" and other graphics, logos, slogans, tag lines, designs, page headers, button icons, scripts and service names protected trademarks, service marks, trade names or trade dress, or are protected by copyright in the U.S. No unauthorized use is permitted.

Copyright and Content

The contents of this Site are protected by copyright under United States and foreign laws. All rights not expressly granted herein are reserved to Mahar Creative LLC and its licensors.

Inappropriate Content

You agree that you will not upload or transmit any inappropriate User Content of any type to any Public or Limited Public Forums of this Site. Inappropriate User Content may include, but not be limited to:
(a) is libelous, defamatory, obscene, pornographic, abusive, threatening, unlawful, fraudulent, harmful, harassing, tortious, vulgar, invasive or in violation of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable as determined by us at our sole discretion;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or foreign law or regulation;
(c) advertises or otherwise solicits funds or the sale of goods or services;
(d) distributes or facilitates the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots or other computer programming routines or computer code that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or record, obtain unauthorized access to, scrape or expropriate any system, software, data or personal information;
(e) adversely affects the availability of the Site or programs or events offered by the Site;
(f) solicits or disseminates surveys or otherwise attempts to collect information from others, advertises contests, pyramid schemes, chain letters, junk mail, spam, or sends unsolicited messages or images;
(g) creates a false identity for the purpose of misleading others, to be determined in our sole discretion;
(h) transmits or facilitates the transmission of any content to an e-mail address, social media account, messenger-feature address or other location that you do not have the expressly authorized right to use; and
(i) transmits or facilitates the transmission of any User Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary, statutory, common law or other rights of any party.


We reserve the right to terminate your receipt, transmission, or other distribution of any such material using this Site, and, if applicable, to delete any such material from its servers as well as to take any other action required. Mahar Creative LLC will comply with the orders of a court of competent jurisdiction in the investigation of any violation of these Terms of Use or any applicable laws.

Other Prohibited Uses

You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
(a) accessing or attempting to access any content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host or network;
(d) using this Site to send unsolicited e-mail or other communications, including, without limitation, promotions or advertisements for products or services;
(e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by Mahar Creative LLC or any partner, associate, or third-party supporting or implementing this Site; and
Any violation of system or network security may subject you to civil and/or criminal liability.

Termination

Mahar Creative LLC reserves the right to suspend or terminate your use of this Site and participation in any program or event for any violation of these Terms of Use, or for any reason or no reason at all.


Sales Policy
You must be at least 18 years old to make a purchase. By submitting your payment information and making a purchase, you agree to pay all applicable transaction costs including sales taxes, credit card fees, transaction fees, mobile carrier fees, etc. associated with the purchase or subsequent use of the Site.

No Warranties

MAHAR CREATIVE LLC HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. MAHAR CREATIVE LLC AND ASSOCIATES ARE MAKING THIS SITE (INCLUDING WITHOUT LIMITATION, THIS SITE’S CONTENT AND ANY SOFTWARE OR APPLICATIONS) AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. MAHAR CREATIVE LLC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MAHAR CREATIVE LLC DOES NOT GUARANTEE THE ACCESS TO THIS SITE WILL BE UNINTERRUPTED, SECURE, BUG-FREE OR ERROR-FREE.
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS “NO WARRANTIES” SECTION APPLY TO ANY AND ALL DAMAGES OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS “NO WARRANTIES” SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MAHAR CREATIVE LLC IS LIMITED TO THE EXTENT PERMITTED BY LAW.


MAHAR CREATIVE LLC DOES NOT WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND MAHAR CREATIVE LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES ON THE SITE OR PROVIDED IN ANY OTHER MANNER.

Accuracy & Completeness

Due to constant advances in technology, exercise, fitness, health and wellness programs, and medicine, the possibility of typographical error, unexpected scheduling changes of meetings, challenges, events, contests, competitions, demonstrations and educational and informational opportunities posted on this Site, and the wide variety of authors contributing to this Site, readers are encouraged to confirm the information contained herein with other sources. Corrections and additions will be made only as allowed by the availability of time and resources. The accuracy and timeliness of the information on this Site cannot be guaranteed.


MAHAR CREATIVE LLC DOES NOT, AS A PRACTICE, MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THIS SITE, NOR WILL WE HAVE ANY OBLIGATION OR LIABILITY TO DO SO. YOU AGREE THAT USE OF THIS SITE AND USE OF ANY AND ALL INFORMATION, SERVICES AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK. MAHAR CREATIVE LLC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION, SERVICES OR CONTENT.

Limited Liability

MAHAR CREATIVE LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO (I) THE USE OF, OR INABILITY TO USE THIS SITE, APPLICATION OR ANY INFORMATION, SERVICES OR CONTENT AVAILABLE THEREON, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE OR DOWNLOADING OF ANY SOFTWARE OR APPLICATION OWNED OR OPERATED BY MAHAR CREATIVE LLC OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE, OR (IV) ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAHAR CREATIVE LLC OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY MAHAR CREATIVE LLC PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MAHAR CREATIVE LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS AND THIRD-PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY AND ACCOUNTING FEES, RESULTING FROM (I) YOUR VIOLATION OF THESE TERMS OF USE, (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY, PUBLICITY OR PRIVACY RIGHT, (III) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY, (IV) THE BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN OR (V) YOUR USE OF THIS SITE.

Programs and Events; Taxes

Mahar Creative LLC may provide Site users with the opportunity to participate in various programs and events. In order to participate, you must meet the eligibility requirements and comply with all of the posted rules. Mahar Creative LLC reserves the right to deny your participation in such programs and events or terminate your participation in such programs and events for any reason. You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you may be required to provide a valid Social Security number or other tax identification number, sign an affidavit and release and provide any other information reasonably required by Mahar Creative LLC. You acknowledge and agree that any such taxes shall be your sole responsibility. Mahar Creative LLC and/or any sponsor who provides a particular prize may report the value of the prize to local, state, national or foreign taxing authorities.

Governing Law

The Terms of Use are governed by the internal and substantive laws of the State of Montana without respect to its conflict of laws principles.

Dispute Resolution

You agree that any suit, action, claim or dispute (“Claim”) arising out of or relating to these Terms of Use or any services thereon (including without limitation, statutory, equitable or tort claims) shall be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration in Missoula, Montana, in English, before a single neutral arbitrator (“Arbitrator”).  The Arbitrator shall be mutually agreed upon by the parties.  If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by AAA with consideration given to the Arbitrator’s experience presiding over similar matters.  Notwithstanding the foregoing, Mahar Creative LLC may bring an action in any court of applicable jurisdiction to protect its intellectual property or other rights or to seek to obtain injunctive relief or other equitable remedies from a court to enforce the provisions of these Terms of Use or to enforce the decision of the Arbitrator.


You will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of Montana.  If necessary, you further agree and expressly consent to the exercise of personal jurisdiction by the courts of the State of Montana or federal courts located in Montana in connection with any such dispute including any Claim involving Mahar Creative LLC or its affiliates, partners, associates, agents, subsidiaries, employees, contractors, officers, directors, and any other party involved in creating, producing, delivering or maintaining this Site.

Severability/Waiver

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use.


Our failure to exercise any right or remedy available upon your breach of these Terms of Use or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.

Modifications

Mahar Creative LLC may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify this Site, including the Privacy Policy; or (c) discontinue this Site (in whole or in part) at any time. Mahar Creative LLC shall post any revision to these Terms of Use to this Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on this Site periodically to be aware of any revisions. You agree that, by continuing to use or access this Site following notice of any revision or the posting of any revision, you shall abide by any such revision.  When we change the Terms of Use or Privacy Policy in a material manner, we will update the ‘last modified’ date at the bottom of this page.


Assignment
We may assign these Terms of Use with or without notice to one or more third parties.

Complete Agreement

Except as expressly provided in any particular “legal notice”, these Terms of Use and our Privacy Policy constitute the entire agreement between you and Mahar Creative LLC with respect to the use of this Site and the content therein.

Our Address

Mahar Creative LLC

2120 S. Reserve #438
Missoula MT, 59801

For Additional Information

If you have any questions about these Terms of Service, please contact [email protected].