Please read these Terms of Use carefully before using Marilu.com, THM.com, THMSuccess.com or TotalHealthMakeover.com (the “Site.”) By using the Site, you signify your agreement to these Terms of Use with Hennergy, Inc. (“Hennergy”). If you do not agree with them, please do not use the Site.
COPYRIGHTS
All Site design, text, images, graphics and the selection and arrangement thereof are protected as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. (c) Hennergy, Inc., 2008. ALL RIGHTS RESERVED. Photos on the Site are courtesy of Marilu Henner. Any use of materials on this or any other site owned, operated, licensed or controlled by Hennergy other than for personal viewing use on one personal home computer (including uploading, posting, transmission, reproduction, distribution, modification or republication in any medium in any way) without the written permission of Hennergy, and/or its licensors as may be required, is strictly prohibited. Portions of the Site may be licensed from other entities that retain their copyrights therein; the same prohibitions apply to licensed material as well. In the event that you download software from the Site, the software, including any files, images incorporated therein or generated thereby, and data accompanying the software, are licensed to you by us. While you own the medium on which the software is recorded, Hennergy and its licensors retain full and complete title thereto, and all intellectual property rights therein.
TRADEMARKS
Marilu.com, www.mariluhenner.com, www.thmsuccess.com, and www.totalhealthmakeover.com text, affiliate program text and icons, and all page headers and custom graphics on sites owned, managed or operated by Hennergy, are service marks, trademarks and/or trade dress of Hennergy or its licensors or business partners. Use of these product names, company names and intellectual property without permission of the respective owner is strictly prohibited.
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY HENNERGY ON AN “AS IS” BASIS. HENNERGY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HENNERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HENNERGY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Price and availability information is subject to change without notice. All sales are final.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
This program is based on the writing of the New York Times best-selling author Marilu Henner as found in her five books, The 30-Day Total Health Makeover, Total Health Makeover, Healthy Life Kitchen, Healthy Holidays and Wear Your Life Well. This program is designed to build a community and provide guidance for those familiar with the contents of the aforementioned books. Hennergy, Marilu Henner and the publisher of her books expressly disclaim responsibility for any adverse effects arising from following the diet or exercise program in the books without appropriate medical supervision. The Site is not intended to replace medical advice or to be a substitute for a physician. Always seek the advice of a physician before beginning any diet and/or exercise program.
The contents of the Site, such as text, graphics, images, information obtained by Hennergy, its licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Hennergy does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, Hennergy employees, others appearing on the Site at the invitation of Hennergy, or other visitors to the Site, is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. This site is not intended for those under the age of 13.
SUBMISSIONS AND POSTINGS
a) Submissions:
While we welcome input from users of the Site, our policy does not permit us to accept or consider creative ideas, suggestions or materials other than those we have specifically solicited. If, despite our request that you refrain from doing so, you do send us such materials, it shall be deemed, and remain, the property of Hennergy, which shall exclusively own all now known or hereafter existing rights to said materials of every kind and nature throughout the universe, including all intellectual property rights, and shall be entitled to the unrestricted use of the materials for any purpose whatsoever, without compensation to the provider thereof.
b) Postings
The policies of Hennergy for the posting or uploading to chat rooms, bulletin boards or other areas of the Site are as follows: Users of our products shall not post or upload any content which is:
a) libelous, defamatory, obscene, pornographic, abusive, fraudulent, or in violation of any law, including any invitations to “make-money-fast” schemes;
b) bigoted, hateful or racially offensive;
c) advocating illegal activity or discussing illegal activities with an intent to commit them;
d) infringing on any copyright, patent or trademark or any other intellectual property right held by any other party;
e) advertising or any form of commercial solicitation;
f) “mail-bombing” or “post-bombing” with the provision that “mail-bombing” is defined as the practice of sending more than ten (10) similar email messages to the same email address, while “post-bombing” is defined as the repeated posting of the same or similar messages to a message board;
g) off-topic according to the description of the group or list, or sending unsolicited mass emailings to more than twenty-five (25) email users, if such unsolicited mailings provoke complaints from any of the recipients; or
h) found to forge or imitate any message header, in part or in whole, of any electronic transmission, originating or passing through the Site.
While we do not and cannot review every message and file posted by users and are not responsible for any content of such postings, we reserve the right to delete, move, edit or alter messages or content that, in our sole discretion, we deem in violation of these Terms of Use. Hennergy assumes no responsibility or liability arising from the content of any such postings, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such postings. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Hennergy will fully cooperate with any law enforcement authorities or court order requesting or directing Hennergy to disclose the identity of anyone posting any such information or materials. Users of the Site will remain solely responsible for the content of their postings to the Site
Any User uploading any material to chat rooms or bulletin boards thereby grants to Hennergy a non-exclusive royalty-free right to distribute, display, publish and use such material on the World Wide Web without limitation of time or geographical area.
EXPORT RESTRICTIONS
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
INDEMNITY
You agree to defend, indemnify, and hold Hennergy, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
TECHNICAL SUPPORT
For problems relating to site technology or credit card processing, please call the following number: (877) 307-4035. You can also send email to tech@marilu.com.
