Effective, October 1, 2013,
Thank you for visiting our website. Please read the following information carefully prior to using this website.
OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME, BY ACCESSING AND USING MINDFUL HEALTH, LLC’S, DANETTE MAY, (“EATDRINKSHRINKPLAN.COM”), (“FOREVERFITCHALLENGE.COM”) WEBSITES (“WEBSITE”) OR ANY OF ITS PRODUCTS, SERVICES, AND CONTENT (I.E., THE TEXT, IMAGES, DATA, AND INFORMATION) CONTAINED ON THE WEBSITE OR ANY PORTION THEREOF (COLLECTIVELY “WEBSITE MATERIALS”), YOU SIGNIFY YOUR ACCEPTANCE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR DOWNLOAD ANY WEBSITE MATERIALS FROM IT.
Please bear in mind that Mindful Health, LLC is a corporation organized under the laws of the State of Colorado, and has its headquarters in Colorado. The servers that host this Website are located in the United States, and any personal details you provide to us will be processed by Mindful Health, LLC, in the United States.
Website Notice Regarding Medical Advice
THE SITE DOES NOT PROVIDE MEDICAL ADVICE. This Website is an educational service that provides general health information and is intended only to assist users in their diet and exercise plan. Mindful Health, LLC is not a medical organization and our staff will not give you medical advice or diagnosis. If you are pregnant or breastfeeding, you should consult your doctor before starting any diet or exercise programs. Nothing contained on this website should be construed as medical advice or diagnosis. The information and materials provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or exercise regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by those under the age of 18 (or the age of majority in the jurisdiction where you reside) pregnant women, or individuals with any type of health condition. Such individuals are strongly discouraged from using this website and are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or exercise regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
If you think you may have a medical emergency, call your doctor or 911 immediately. Truth About Abs does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. This Website may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Website.
WE DO NOT PROVIDE SERVICES OR SELL PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) WITHOUT THE EXPRESS PERMISSION OF AND ACTIVE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN. We are committed to protecting the privacy of children. Neither Mindful Health, LLC, nor any of its services are designed or intended to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. If we discover that any personally identifiable information from a minor under the age of 18 has been submitted to Mindful Health, LLC, or this Website unbeknownst to Mindful Health, LLC, we will remove that information from our database as soon as possible.
Intellectual Property Rights
All Website Materials, including any intellectual property rights in such Website Materials, are the property of Mindful Health, LLC, its affiliates, licensors, or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see on this Website is copyrighted unless otherwise noted, and may not be used without our written permission except as provided in these Terms.
Limited Right to Use Website
Subject to these Terms, you may view, copy, print, and download the Website Materials solely for personal and informational purposes without modification in any way. You may not (i) copy, distribute, or use the Website Materials for any commercial purpose, (ii) make derivative works of the Website Materials, or (iii) incorporate the Website Materials in any other web page or work. The Website and the Website Materials, and all intellectual property rights therein, are the property of Mindful Health, LLC, and its licensors, and no ownership interest is transferred by virtue of making the Website Materials available on the Website or granting the foregoing licenses. All reproductions of the Website Materials or portions thereof must keep intact all copyright and proprietary notices. Further, nothing contained in the Website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright or trademark of Mindful Health, LLC, or any third-party.
Third-Party Content Providers
With respect to any Content obtained from or belonging to Mindful Health, LLP, the following applies:
“This information is proprietary to Mindful Health, LLC, and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.”
Good Samaritan Policy
It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make commercially reasonable efforts to remove, disable, or restrict access to the availability of Website Materials on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon Mindful Health, LLC, any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.
If you believe someone has violated this policy, we ask you to promptly notify our Customer Service department by e-mail at (support@DanetteMay.com) or by phone 855-221-1588 (attention: User support.) You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.
Effective August 3, 2012
Mindful Health, LLC, is committed to protecting the privacy and security of the personally identifiable information and personal health information you provide to us and any reports based on such information that is personally identifiable (collectively, “Personal Information”). We want to share with you how we treat Personal Information about you that we receive in connection with this Website.
Information Mindful Health, LLC, Collects
Sections of this Website (including restricted portions of this Website) that allow for the submission of Personal Information (referred to for convenience as “Profile Pages”) contain a function for collecting __
various pieces of your Personal Information including, but not limited to, your name, address, email address, credit card or debit account information, and your zip code. We only collect Personal Information if you voluntarily submit the information to us for such purposes as purchasing our e-books, registering for use of restricted portions of this Website, completing surveys conducted by Mindful Health, LLC, or a contractor acting on our behalf, or requesting information or services. For your information, through certain technologies employed by this Website we also collect non-personally identifiable information about you. For more details about this type of data collection please refer to the section below on cookies. In the event of a complaint, we may also receive personally identifiable information about you from other Website subscribers or from other users or third parties who may communicate information to us about you in relation to that complaint.
Third Party Financial Institutions and Affiliates
Mindful Health, LLC, submits payment information directly to Clickbank when you purchase e-books on the Website. This information includes your credit card or debit card number and your zip code. Clickbank may use this information to process your order and record and file the information. If you return purchased products or request a refund or exchange, you may be asked to give your name, address and any other identifiable information that is deemed necessary to verify your identity. This information may be collected by Clickbank to prevent fraud and identify theft
VeriPurchase uses information collected from our customers through ClickBank in order to display in the VeriPurchase Customer Widget. This includes first name, first initial of last name, and country. To opt-out go to http://www.veripurchase.com/
How Mindful Health, LLC, Uses Personal Information
Mindful Health, LLC, reserves the right to compile, save, use within the scope of our activities, and analyze any and all data (contact and personal data, use history, etc.) that we collect from you through the Website. We use the Personal Information that you provide to us for our internal purposes such as (a) creating a user profile for you based on the Information Pages you complete, (b) responding to inquiries and requests that you may make, and (c) alerting you to new products and service offerings that may be of interest to you. Mindful Health, LLC, may communicate its response to inquiries or requests from you, or provide you with recommendations or reports, or alert you to new products and service offerings, by sending you emails, cell phone text messages, or placing telephone calls to you. If you decide, after receiving an electronic, text, or telephonic message, that you would prefer not to receive any such communications from Mindful Health, LLC, you may “Opt-out” of receiving such messages by simply setting your notification settings on your profile page.
Mindful Health, LLC, may also collect and group demographic and preferences information, responses to surveys, and other Personal Information we collect from you in an aggregated, non-personally identifiable form for disclosure to our existing and potential business partners, affiliates, sponsors or other third parties. However, please be assured that this aggregated data will in no way personally identify you or any other visitors to this Website.
Information Collected by Third Parties Not Acting on Behalf of Mindful Health, LLC,
Updating or Removing your Personal Information
As a registered Mindful Health, LLC, user you can modify your Personal Information at any time by accessing the “User Profile” section of the Website. Mindful Health, LLC, will allow you to correct, update or review information you have submitted by going back to the specific user information page, logging-in, and making the desired changes. Also, upon your request, Mindful Health, LLC, will use commercially reasonable efforts to functionally remove you and your Personal Information from the Website; however, it may be impossible to remove your entry without some residual information being retained by Mindful Health, LLC,. Registered users who wish to close their account should contact us at help-desk [at] truthaboutabs.com.
If you have a complaint or problem, please email us at support@DanetteMay.com. Our Support team will forward your complaint to the appropriate internal Mindful Health, LLC, department for a response or resolution. We try to answer every email within 2 business days. If you want to (1) delete your personally identifiable information from our systems, (2) update the personally identifiable information that you have provided to us, or (3) change your preferences with respect to marketing contacts or other activities; you can email us at support@DanetteMay.com.
Or you may write to us at:
Attention: Mindful Health, LLC,
1153 Bergen Pkwy Ste 133
Evergreen, CO 80439
Third-Party Products, Services, Information, and Websites Links
This Website may refer to products, services, or other information from third parties and/or contain links to websites operated by third parties. Such information and these links may be provided by Mindful Health, LLC, or any user of the Website. The fact that these links, products, and services are available to you on the Website does not imply that Mindful Health, LLC, endorses or recommends, or is associated with, such third-parties or their products, services, information, websites or the contents thereof. Mindful Health, LLC, has no authority or control over, and is not responsible for, the operation, performance, availability, content, or other aspects of any third-party products, services, information, or websites. Furthermore, Mindful Health, LLC, has no obligation to verify the content of such websites or information. If you decide to access any of the third-party websites linked to this Website or use any third-party products, services, information, or websites or the contents thereof, you do this entirely at your own risk. MINDFUL HEALTH, LLC, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE), TO ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, OR LINKED WEBSITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.
Authority of Website Administrator
You may not provide a direct link to the top page of this Website, unless and until Mindful Health, LLC, gives you notice that you may link to this Website.
Compliance with Digital Millennium Copyright Act
Mindful Health, LLC, respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the Website Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit Mindful Health, LLC, to locate the Website Material;
• Information reasonably sufficient to permit Mindful Health, LLC, to contact the complaining party;
• A statement that the complaining party has a good faith belief that the use of the Website Material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact Mindful Health, LLC,’s Copyright Agent at:
Attention: Mindful Health, LLC,
1153 Bergen Pkwy Ste 133
Evergreen, CO 80439
Mindful Health, LLC, employs commercially reasonable security programs to protect your Personal Information from unauthorized access, use, or disclosure. However, you should be aware that Mindful Health, LLC, cannot fully eliminate security risks associated with Personal Information. Despite Mindful Health, LLC,’s strong efforts to protect your personally identifiable information and personal health information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.
Amendment, Suspension and Termination
Subject to the provisions above, Mindful Health, LLC, may modify, and amend these Terms as it deems appropriate at any time with or without notice, by updating this posting. Each such modification will be effective as of the date of the posting of the amended Terms. You should visit this page periodically to review the then-current Terms. If at any time these Terms are not acceptable to you, you should immediately cease use of the Website and Website Materials. You agree that the above-stated standard for notice of amendments is reasonable. In addition, Mindful Health, LLC, reserves the right to suspend, discontinue, or terminate your access to the Website or Website Materials at any time, for any reason, and with or without notice.
Limitation of Liability
IN NO EVENT WILL MINDFUL HEALTH, LLC, OR ITS SUPPLIERS OR LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OR DAMAGE TO DATA, ARISING OUT OF OR RELATED TO THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THIS WEBSITE OR THE WEBSITE MATERIALS, ANY LINKED WEBSITE, OR ANY THIRD-PARTY PRODUCTS OR SERVICES, OR DAMAGES FROM YOUR RELIANCE ON THE RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM THE WEBSITE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF MINDFUL HEALTH, LLC,OR ITS SUPPLIERS OR LICENSORS, ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MINDFUL HEALTH, LLC, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, OR CONTENT OF THE MATERIALS PROVIDED ON THIS WEBSITE. YOU AGREE THAT MINDFUL HEALTH, LLC, IS NOT RESPONSIBLE OR LIABLE FOR YOUR RELIANCE UPON ANY WEBSITE MATERIALS OR RECOMMENDATIONS OR RESULTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. IN ADDITION, YOU SHOULD NOT ASSUME THAT THE WEBSITE MATERIALS ON THIS WEBSITE ARE CONTINUOUSLY UPDATED OR OTHERWISE CONTAIN CURRENT INFORMATION. MINDFUL HEALTH, LLC,IS NOT RESPONSIBLE FOR SUPPLYING CONTENT OR MATERIALS FROM THE WEBSITE THAT HAVE BEEN PROVIDED BY OTHER USERS OF THE WEBSITE, HAVE EXPIRED, OR HAVE BEEN REMOVED. THE WEBSITE MATERIALS ARE PROVIDED “AS IS” AND MINDFUL HEALTH, LLC MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY WEBSITE MATERIAL DISTRIBUTED THROUGH ITS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDFUL HEALTH, LLC, HEREBY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED), CONDITIONS OR OTHER TERMS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
BY USING THIS WEBSITE YOU AGREE TO ACCEPT ALL RISKS ASSOCIATED WITH THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. THE WEBSITE MATERIALS AND ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS ARE NOT INTENDED TO REPLACE THE CARE YOU WOULD RECEIVE FROM A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL OR TO BE USED AS A MEDICAL DIAGNOSIS. ALWAYS CONSULT YOUR DOCTOR BEFORE BEGINNING ANY HEALTH PROGRAM, EXERCISE PROGRAM, NUTRITIONAL PROGRAM, OR ANY OTHER PROGRAM YOU LEARNED ABOUT THROUGH THE WEBSITE OR WEBSITE MATERIALS OR BASED ON ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS. MINDFUL HEALTH, LLC,IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURY THAT MAY RESULT FROM ACTIONS TAKEN OR NOT TAKEN BY YOU RELYING ON THE WEBSITE, WEBSITE MATERIALS, OR ANY RECOMMENDATIONS, RESULTS, OR REPORTS BASED ON OR GENERATED FROM SUCH WEBSITE MATERIALS.
Testimonials, case studies, and examples found at www.DanetteMay.com and/or from Mindful Health, LLC are unverified results that have been forwarded to us by users of Mindful Health, LLC products and related products, and may not reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at www.DanetteMay.com and/or from Mindful Health, LLC. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.
You agree to defend, indemnify and hold harmless Mindful Health, LLC, and its officers, directors, employees, contractors, and any Affiliates it may have from any and all demands, claims, damages, liabilities, expenses, or harms, including attorneys fees, arising out of or in connection with your use of this Website and all products, offerings or services of Mindful Health, LLC, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from your use of this Website and all products, offerings or services of Mindful Health, LLC.
The sections titled Limitation of Liability, Indemnification, Disclaimer, and Miscellaneous shall survive any termination of these Terms. All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. The failure of Mindful Health, LLC, to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The provisions stated herein are severable and if any provision(s) of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
With respect to any and all disputes arising out of or in connection with this Website or these Terms, Mindful Health, LLC, and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.
Mindful Health, LLC, has no obligation to become involved in any dispute between a user and any other person. You are solely responsible for your interactions with other Mindful Health, LLC, users. Mindful Health, LLC, reserves the right, but has no obligation to, monitor disputes between you and other members. This Website, these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Mindful Health, LLC, and you agree that all disputes arising under these Terms will be settled exclusively through confidential binding arbitration in San Francisco, California or another forum mutually agreed upon by you and Mindful Health, LLC, pursuant to the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association by a sole arbitrator nominated by agreement of you and Mindful Health, LLC, and confirmed in accordance with the Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Mindful Health, LLC, is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision.
These Terms constitute the entire agreement between you and Mindful Health, LLC, with respect to the subject matter hereof. Neither you nor Mindful Health, LLC, shall be bound by any conditions, definitions, warranties, understandings, or representations with respect to the subject matter hereof other than as expressly provided herein. The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of the Terms. No oral explanation or oral information by either party hereto shall alter the meaning or interpretation of the Terms. No modification or amendment to these Terms by you will be effective unless assented to in writing by Mindful Health, LLC.
Contacting Mindful Health, LLC,
Questions regarding these Terms should be directed to:
Attention: Mindful Health, LLC,
1153 Bergen Pkwy Ste 133
Evergreen, CO 80439
Attention: Mindful Health, LLC,
1153 Bergen Pkwy Ste 133
Evergreen, CO 80439