HEALTHY MAMA COOKS LEGAL TERMS
The following terms (“Terms of Use”) constitute an agreement between Heather Earl Cuisine (“Heather Earl”) and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Heather Earl, located at https://www.healthymamacooks.com
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Heather Earl reserves the right to modify, alter, amend or update the Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
PURCHASE POLICIES
You may purchase digital products and subscribe to a membership service
REFUND POLICIES
Refunds are not available for purchase of products or services.
HOW WE COLLECT AND USE INFORMATION
Information you Voluntarily Submit to the Website:
The Website may collect personal information from you such as your name and email address. You provide this information voluntarily when you sign up for a newsletter, leave a comment or submit a contact form.
Information We Collect from Others
The Website may receive information about you from other sources. If you use a third-party software through the site, they may transfer information to us. Healthy Mama Cooks (Heather Earl Cuisine) will never share your information with other parties.
Automatically Collected Information
The Website automatically collects certain information about you and the device with which you access the Website. The Website will log your IP address, operating system type, browser type, referring website, pages you view and the dates and times you accessed the Website. The Website many also collect information about actions you perform while using the Website such as links clicked and time spent on the Website.
Cookies
The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser and persistent cookies, which stay on your browser until deleted.
How Your Information May Be Used
The Website may use the information collected in the following ways:
- To operate and maintain the Website
- To send you newsletters and promotional materials. You may opt out of mailings at any time
- To send administrative communications such as updates on policies, confirmation emails and/or respond to your comments or inquiries
- To provide you with user support
- To track and measure advertising on the Website or to protect and deter unauthorized or illegal activity
Third Party Use of Personal Information
The Website will not share your information with third party providers. The Website may use third-party providers to service various areas of the Website. Each third party service provider’s use of your personal information is dictated by his or her respective privacy policies. The Website currently uses the following third party service providers:
- Google Analytics: this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address and other information that tracks actions on the Website. Refer to Google Analytics for specifics on how they use and store this information. https://policies.google.com/privacy?hl=en
- Mailchimp:this service is used for the delivery of email updates and newsletters. Mailchimp stores your name and email address for the purpose of delivering communications. You may opt out of Mailchimp newsletters
- Stripe:this service is used for payment processing. The Website does not receive your banking and payment information. We receive only information used for order processing. Refer to the Stripe privacy policy for information on data collections and terms of service. https://stripe.com/us/privacy#overview
- Paid Membership Pro: at checkout, PMP will collect your name, email address, username and password. This information is used to setup your account for the PMP site. If you are redirected to an offsite payment gateway to complete your payment, PMP may store this information in a temporary session variable to setup your account when you return to our site. At checkout, PMP may also collect your billing address and phone number. This information is used to confirm your credit card. The billing address and phone number are saved by PMP to prepopulate the checkout form for future purchases and so PMP can get in touch with you if needed to discuss your order. PMP may also collect your credit card number, expiration date and security code. This information is passed to the payment gateway to process your purchase. The last 4 digits of your credit card number and the expiration date are saved by the PMP site to use for reference and send you and email if your credit card will expire before the next recurring payment. When logged in, PMP uses cookies to track some of your activity on their site including logins, visits and page views.
Except when required by law, Heather Earl will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Heather Earl may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of this business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
Cookies:
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your Internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers.
Advertising
The Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.
Sponsored Content Tracking Pixels
This Website may participate in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. As stated above, these pixels may capture your IP address on behalf of the content sponsor. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.
Affiliate Program Participation
The Website may engage in various affiliate marketing programs, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
Heather Earl Cuisine (healthymamacooks.com) is also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.
Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Heather Earl may see if and when you open an email and which links within the email you click. Also, this allows Heather Earl to adapt the content of future newsletters to the interests of the user. This information will not be passed on to third parties.
Rights Related to Your Personal Information
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at mealplans@healthymamacooks.com to be removed from our mailing list.
Access – You may access the personal information we have about you by submitting a request to mealplans@healthymamacooks.com
Amend – You may contact us at mealplans@healthymamacooks.com to amend or update your personal information.
Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to mealplans@healthymamacooks.com
We may need to retain certain information for recordkeeping purposes or to complete transactions,or when required by law.
Child Information
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at mealplans@healthymamacooks.com and we will use our best efforts to promptly remove such information from our records.
Affiliate Marketing
The Website engages in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are clearly disclosed in accordance with current FTC laws.
FTC Disclosure
The Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Heather Earl to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, Heather Earl will give an honest opinion regarding such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider of the product or service.
General Disclaimer
Heather Earl has made every effort to ensure that all information on the Website has been tested for accuracy. Heather Earl makes no guarantees regarding the results that you will see from using the information provided on the Website.
Any statements made on the Website related to health, nutrition, weight loss, exercise, are examples of what may be possible. Heather Earl makes no guarantees regarding results, present or future. Heather Earl is not responsible for your health and wellness as a result of your use of the information provided on the Website.
The information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the health and fitness topics discussed.
The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Websites.
Fitness and Health Disclaimer
The Website may discuss topics related to health and fitness, and may include information on creating healthy, whole food meals. Everything provided on the Website is for informational purposes only. The meal plans on the Website are not certified by a dietary professional and are not intended to be used for weight loss or medical purposes. Consult a physician or medical professional before beginning any fitness, health or food program.
Medical Content Disclaimer
The Website may discuss topics related to health, fitness, or nutrition. This information is not advice and should not be treated as medical advice. The medical information provided on the Website and external links is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the medical, fitness, or nutrition information on the Website.
You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.
Your Responsibility
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Heather Earl makes no representations, warranties or guarantees. You understand that results may vary from person to person. Heather Earl assumes no responsibility for errors or omissions that may appear in the Website.
Use of the Website
Unless otherwise stated, Heather Earl owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication
- Sale, rental or sub-license of any content from the Website
- Reproduction or duplication of any content on the Websites for commercial purposes
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Heather Earl’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Heather Earl.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without Heather Earl’s express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Heather Earl’s express written permission.
You may not share your membership access with any other party
Copyright
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Heather Earl or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
Content Contributed to the Website
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Heather Earl Cuisine or a third party.
Heather Earl reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Website servers; or, (iii) hosted or published on the Website. Heather Earl takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Heather Earls’ rights under the Terms of Use Heather Earl Cuisine does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Takedown Requests
The Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to mealplans@healthymamacooks.com and we will remove the image.
Communication
If you send Heather Earl an email (mealplans@healthymamacooks.com), register to use the Website or provide your email to Heather Earl in any other way, you consent to receive communications from Heather Earl electronically. You agree that all legal notices provided via electronic means from Heather Earl satisfy any requirement for written notice.
Third Parties
The Website contains links to third-party websites that are not governed or controlled by Heather Earl. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Heather Earl assumes no control or liability over the content of any third-party sites. You expressly hold harmless Heather Earl (Heather Earl Cuisine) from any and all liability related to your use of a third-party website. Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Heather Earl harmless from any and all liability in any dispute.
No Warranties
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Heather Earl makes no representations or warranties in relation to the Website or the information and materials provided therein.
Heather Earl makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Heather Earl is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
Limitation of Liability
Heather Earl (Heather Earl Cuisine) will not be liable for any consequential, incidental, indirect, exemplary, punitive or special damages of any kind, however caused, including loss of profit, revenue, data or use, incurred by you, whether under theory of contract, tort (including negligence), warranty or otherwise, even if the other party has been advised of the possibility of such damages
Indemnity
You agree to defend, indemnify and hold Heather Earl (Heather Earl Cuisine) its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Heather Earl suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
Terms Updated September, 2018