TERMS AND CONDITIONS OF USE
Healthy.Happy.Smart. provides simple meal plans and related shopping lists, recipes and other related information for individuals. After a week Trial Period (as defined below), the Healthy.Happy.Smart. Products and Services are will be automatically renewed and your credit card will be charged the then-current subscription fee for the applicable period for the meal plan you signed up for. Subscriptions are available via Healthy.Happy.Smart.’s website, http://healthyhappysmart.com, and via Apple’s App Store and Google’s Play Store (collectively, the “Website”).
Healthy Happy Smart (“Healthy Happy Smart” or “We”) OWNS AND OPERATES THE SITE. Healthy Happy Smart RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. Healthy Happy Smart OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; Healthy Happy Smart MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.
Use of Site; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of Healthy Happy Smart or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without Healthy Happy Smart’s prior written approval: copying of the Site or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
SUBSCRIPTION TERMS AND RENEWAL
This Agreement (and your subscription) is effective for an unlimited period of time from the beginning of your Trial License. Thereafter, you may, but are not obligated to, select one of the Subscribed Services subscriptions, following which this Agreement (and your subscription) will continue for the length of the subscription term for the Subscribed Services subscription you have selected and thereafter continue and automatically renew for successive renewal terms, each being equal to the length of the renewal term you initially selected, unless and until terminated by you or by us in accordance with this Agreement. Unless and until you cancel your optional subscription or we terminate it, your subscription and this Agreement will be automatically renewed (and charged to the account you have provided) for successive renewal terms, each being equal to the length of the subscription term you initially selected, at the expiration of your current subscription term and each renewal term thereafter, for Healthy.Happy.Smart.’s then applicable subscription fee for the Subscribed Services subscription you have previously selected (which subscription fee is subject to change at Healthy.Happy.Smart.’s sole discretion). You must cancel your subscription before it renews at the expiration of your current subscription term in order to avoid billing for the subsequent renewal term.
This agreement and terms also apply with our Skinny Kitchen Meal Plan App and PDF Meal Plans that are purchased through SkinnyKitchen.com. HealthyHappySmart and SkinnyKitchen partnered to design/develop/create a meal plan, and HealthyHappySmart is responsible for sales of this Meal Plan. Therefore, all terms listed herein in this “Terms & Conditions of Use” document apply for all SkinnyKitchen meal plan purchases.
SUBSCRIPTION FEES AND PAYMENT
(a) Fees: Healthy.Happy.Smart.’s current fee schedule for subscriptions for the Healthy.Happy.Smart. Products and Services are available on the Website at: http://healthyhappysmart.com , Or https://skinnykitchen.com, and in the mobile applications (available on Apple’s App Store and Google’s Play Store), which are incorporated herein by reference (the “Fee Schedule”). All fees and dollar amounts are stated in the lawful money of the United States of America unless otherwise noted. All fees are prepaid automatically once your free trial is expired.
(b) Billing Information: Should you choose to purchase an optional subscription, you must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Healthy.Happy.Smart. if your credit card is cancelled (for example, for loss or theft). In addition, you agree that Healthy.Happy.Smart. has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Healthy.Happy.Smart. retains in the future) your submitted payment information in order to process your purchase.
(c) Cancellation information: Cancellation may be made at any time in writing to email@example.com Fees for any current optional subscription period will be payable notwithstanding cancellation of your subscription, but subsequent renewals will be discontinued. Should you choose to select one of the Subscribed Services subscriptions, we will automatically charge your credit card for Healthy. Happy. Smart.’s then applicable subscription fee for the Subscribed Services subscription you have selected and you authorize us to do so. Thereafter, on any renewal (automatic or otherwise) of your subscription, we will charge your credit card for Healthy. Happy. Smart.’s then-current subscription fee for the applicable period for the Subscribed Services subscription being renewed (automatic or otherwise) and you authorize us to do so. If we are unable to process your credit card at a renewal period, your optional subscription may be immediately terminated and you will be reverted to the unlimited, full-access Trial Period. You are responsible for paying all fees associated with the use of the Subscribed Services based on the applicable subscription or renewal thereof that you have purchased. Automatic renewals will be processed (and your card charged) within thirty (30) days prior to the expiration of the term and each renewal period thereafter.
(d) Refund information:
>As in the case of meal plan subscription on the HealthyHappySmart.com or SkinnyKitchen.com website – Refunds will be given on a case by case basis. The customer agrees to these terms on this terms and conditions page during the purchase process (note: the box you are required to check during checkout) and all terms are clearly available to view before purchase. Therefore, we are under no obligation to administer refunds. Take note of the above terms before clicking the purchase button as this is a contract between the customer and HealthyHappySmart and/or SkinnyKitchen. However, there are cases where a partial refund might be given. Contact us by email (Kelly@HealthyHappySmart.com) regarding refunds. If a refund is given in your case, refunds can take 5-10 days to show back up in your account.
>As in the case of a meal plan subscription through the App Store (iOS) – You will have to contact Apple Support regarding refunds for apps. HealthyHappySmart can NOT give refunds for Apple App Store subscription charges. Contact Apple Support to request a refund. HealthyHappySmart does not have the authorization to view your personal account in the Apple App Store, therefore we always recommend you contact Apple for any issues regarding billing and/or payments.
Additional User Conduct Guidelines
Healthy Happy Smart requests that the User not impede or inhibit any other User from using and enjoying the Site. Therefore, in using this Site, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliate linked sites; upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization fromHealthy Happy Smart, or create or use a false identity on the Site; or transmit through or on the Site spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
You shall not assign this Agreement or your subscription without the express written consent of Healthy.Happy.Smart. Any attempted assignment in violation of this provision shall be null and void.
Limitation of Liability and Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER Healthy Happy Smart, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Healthy Happy Smart, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT Healthy Happy Smart IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES Healthy Happy Smart FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Healthy Happy Smart, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
The User agrees to indemnify, defend and hold harmless, Healthy Happy Smart, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by the User. Healthy Happy Smart reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with Healthy Happy Smart in asserting any available defenses.
Third Party Links and Sites
(a) No Implied Advice: Healthy.Happy.Smart. is not your nutritionist, dietician or physician and is not in the business of providing nutritional, dietary, health or other professional advice. It is your sole responsibility to determine that the Healthy.Happy.Smart. Products and Services meet your needs and are suitable for the purposes for which they are used.
(b) Governing Law: This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the United States of America and the federal laws of USA applicable therein, excluding its conflicts of law rules. Any suit or claim hereunder will be brought solely in the courts located in Washington, D.C., United States Of America, having jurisdiction therefor. The parties specifically disclaim the applicability of the United Nations convention on contracts for the international sale of goods to this Agreement.
(c) Currency: All dollar amounts referred to in this Agreement are in lawful money of the United States of America.
(d) Severability: If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect; provided that severance of any payment term with the result that Healthy.Happy.Smart. will not be compensated at the rates and on the terms provided for herein, shall result in immediate termination of this Agreement.
(e) No Waiver: The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision and such waiver will only be valid and in enforceable if made by the waiving party in writing.
(f) Notice: For purposes of service messages and notices about the Subscribed Services, Healthy.Happy.Smart. may place a banner notice across its webpages to alert you to certain changes such as modifications to this Agreement. Alternatively, except as otherwise specifically provided in this Agreement, any notice to be given by either party shall be in writing and shall be sufficient if personally delivered; delivered by overnight carrier; or sent certified mail, return receipt requested, postage prepaid, or emailed, to the following addresses:
If to you:
Through your Healthy.Happy.Smart. account or to the address noted in the registration information completed by you, as such may be updated from time to time in accordance with this Agreement. You acknowledge and agree that Healthy.Happy.Smart. shall have no liability associated with or arising from your failure to maintain accurate contact or other information with us, including, but not limited to, your failure to receive critical information about the optional Subscribed Services.
If to Healthy.Happy.Smart:
Any notice shall be deemed delivered on the third business day after the date mailed or on the business day of delivery of electronic mail (or the next business day, if the electronic mail is sent by a party on a day that is not a business day or after 5:00pm local time in the jurisdiction of the transmitting party on a day that is a business day) in the manner set out above. The designation or address of the party to be notified may be changed at any time by delivery of notice of that change to the other party.
(g) Force Majeure: Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control and not due to its fault or negligence, including, but not limited to, labour disputes, strikes, lockouts, shortages of or inability to obtain labour, or war, terrorism, riots, acts of God or any governmental action.
(h) Independent Contractors: The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties.
These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with Healthy Happy Smart or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of this Site. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement betweenHealthy Happy Smart and User; or (b) Healthy Happy Smart posting revisions on the Site. Failure byHealthy Happy Smart to object to a user’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection.
If you have any questions or concerns about our Terms and Conditions of Use, please write to Healthy Happy Smart at: