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LEGAL STATEMENT AND ACCEPTABLE USE POLICY
LEGAL STATEMENT AND ACCEPTABLE USE POLICY OF www.healthyachievers.com and all related sites owned, operated or controlled by HEALTHY ACHIEVERS. LEGAL STATEMENT AND ACCEPTABLE USE POLICY OF www.healthyachievers.com and all related sites owned, operated or controlled by HEALTHY ACHIEVERS.

ACCEPTANCE OF TERMS THROUGH USE
This site provides you the ability to learn about HEALTHY ACHIEVERS and its products and services as well as the ability to access our network and services. By using this site and any other site owned and operated by HEALTHY ACHIEVERS, you signify your agreement to the terms, conditions and notices of this policy.

HEALTHY ACHIEVERS the authority to take action to restrict or terminate your access to the HEALTHY ACHIEVERS Web Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any HEALTHY ACHIEVERS website, and any product offerings or programs described on any HEALTHY ACHIEVERS website. Please check back periodically to review any changes to this policy.

HEALTHY ACHIEVERS disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. HEALTHY ACHIEVERS does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall HEALTHY ACHIEVERS (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action.

LAWFUL USE
You must use this site in accordance with the terms of this policy and in accordance with all federal, state and local laws, ordinances, and regulations.

USER CONDUCT, PROHIBITED OR UNLAWFUL USE
In order to maintain an informative and valuable service that meets the needs of the users of this site the following rules have been established to protect against abuse.

Use of this site for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site or any other party's use or enjoyment of this site is strictly prohibited.

Specifically, you may not:

  • Attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, or those of any other party;
  • Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
  • Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
  • Falsify address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity;
  • Use this site to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.

Additionally, you may not, by use of any HEALTHY ACHIEVERS Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that:

  • Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic or inaccurate;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason;
  • Constitutes unsolicited duplicative e-mail (commercial or otherwise);
    • This prohibition extends to the sending of unsolicited mass e-mailings from another service which in any way implicates the use of this site or HEALTHY ACHIEVERS Hosting Services, HEALTHY ACHIEVERS equipment or any HEALTHY ACHIEVERS e-mail address.
    • A communication is unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient who has not requested receipt of communications.
  • Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Your participation in online communication is not edited, censored or otherwise controlled by HEALTHY ACHIEVERS. However, HEALTHY ACHIEVERS reserves the right to monitor content on this site and to remove content which HEALTHY ACHIEVERS, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site. Nothing on any HEALTHY ACHIEVERS website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to HEALTHY ACHIEVERS by virtue of it being displayed or made accessible on any HEALTHY ACHIEVERS website. Except as expressly authorized by HEALTHY ACHIEVERS, you agree not to use this site or in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through this site.

The HEALTHY ACHIEVERS name, HEALTHY ACHIEVERS design logo, other related names, design marks, product names, feature names and related logos are trademarks of HEALTHY ACHIEVERS, and may only be used with the express written permission of HEALTHY ACHIEVERS. HEALTHY ACHIEVERS claims copyright interests in all original content or works provided by HEALTHY ACHIEVERS on the HEALTHY ACHIEVERS websites. If any pages, information or content is copied, it may only be copied for non-commercial uses and HEALTHY ACHIEVERS shall, in any event, retain all copyright and other proprietary interests therein.

If you use a domain name in connection with the HEALTHY ACHIEVERS you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to any HEALTHY ACHIEVERS website, you:

  • Grant HEALTHY ACHIEVERS the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose (but, please see the HEALTHY ACHIEVERS Privacy Policy); and,
  • Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by HEALTHY ACHIEVERS will not infringe or violate the rights of any third party.

TERMINATION
HEALTHY ACHIEVERS reserves the right, in its sole discretion, to terminate or temporarily suspend your access to the HEALTHY ACHIEVERS website and services or any portion thereof at any time, without notice, in the event you violate any terms, conditions or notices contained in this Acceptable Use Policy. In the event of such termination, you will not receive any refund or credit for the amounts paid to HEALTHY ACHIEVERS. Additionally, termination for violation of this policy may also result in termination charges being assessed against you.

This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of Maine without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court of Maine.

Please send reports of any activity in violation of this Acceptable Use Policy to info@healthyachievers.com. HEALTHY ACHIEVERS will investigate incidents involving such violations and may involve and will cooperate with law enforcement officials if a criminal violation is suspected. Any such violation may result in criminal and civil liability.

Generally, any complaints you may have regarding unlawful use, e-mail abuse, copyright infringement or system or network security issues should be sent to info@healthyachievers.com.

Last Updated 06/01/2005

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