Terms & Conditions
The terms “we,” “us,” and “our” refer to Making Health A Priority LLC. The term “Site” refers to makinghealthapriority.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “Service” refers to all resource pages available, membership to makinghealthapriority.com, membership to the Making Health A Priority LLC email list, and membership to other Making Health A Priority LLC communities (including social media and online learning platforms).
The terms “Content” and “Products” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Making Health A Priority LLC and any and all written or downloadable material purchased, viewed, or otherwise offered by Making Health A Priority LLC, including but not limited to programs, blog posts, videos, graphics, newsletters, designs, documents, information, templates and materials.
By visiting the Site, using the Service, or by purchasing or downloading Content from Making Health A Priority LLC, you are consenting to our Terms and Conditions.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or if you do not agree with these Terms & Conditions, please do not use this Site or its Content. By using the Site, you agree to the Terms & Conditions, regardless of whether or not you have read these Terms & Conditions.
Use of makinghealthapriority.com, including all materials presented herein and all online services provided by Making Health A Priority LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Disclaimer - Not Medical Advice. The Site, Content, and Services offered by Making Health A Priority LLC are intended for informational and educational purposes only and are not intended as professional medical advice. By accessing the Site, using the Service, or by purchasing or downloading Content from Making Health A Priority LLC, such use shall constitute your agreement that the Site, Service, and Content offered by Making Health A Priority LLC is NOT professional medical advice and shall not be relied upon by you as such. Kiley Owen will not be establishing a patient-practitioner relationship in any form. You should consult with your physician or another medical professional first before implementing any of our advice, information, or suggestions. You should always consult with a physician or medical professional (not Kiley Owen or any other contributors to the Site) before implementing any changes to your diet, medication, lifestyle, exercise regimen, supplement regimen, or health practices. Please only implement any and all changes after consulting with your physician and assessing your own risk.
Site and Service Use. Information provided on the Site and in the Service related to health, recipes, and other information are subject to change. Making Health A Priority LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Making Health A Priority LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (other than that which you submit to us pursuant to the Submitted Materials section below), code, data and materials thereon the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. To the extent that we do not own material contained on the Site, we have secured a license from the owner or licensor of such material granting us the right to display such content in the manner displayed on the Site.
Your use of the Site does not grant you ownership of any kind of any content, code, data or materials you may access on or through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so.
We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time, in our sole discretion.
- Abuse or harass any person through or on the Site;
- Restrict or inhibit any other user from using and enjoying the Site or the Site's services;
- Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content;
- Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site;
- Constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
- Post or transmit any “spam” or unwanted, unsolicited content;
- Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us;
- Contain a virus, spyware, or other harmful component;
- Contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights;
- Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of publicity or privacy or any other proprietary right;
- Constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
- Contain sensitive, proprietary or confidential information about yourself or others.
Except as may be expressly permitted in connection with one of the Site's services, you also may not offer to buy or sell any product or service on or through your Submitted Materials. Making Health A Priority LLC will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.
Linking to the Site. You agree that if you include a link from any other web site to the Site, such link shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Site from any other web site at any time upon written notice to you.
Account Creation. In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Making Health A Priority LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Lawful Purposes. You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service. The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Order confirmation. We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Purchase and Refund Policy. By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit cared information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with the Services and Products. No refunds will be given for any products purchased online.
Product Description. We strive to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Changed Terms. We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, Making Health A Priority LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Making Health A Priority LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Making Health A Priority LLC’s cumulative liability to you exceed the total purchase price of the service you have purchased from Making Health A Priority LLC, and if no purchase has been made by you, Making Health A Priority LLC’s cumulative liability to you shall not exceed $100.
Third Party Resources. The Site and the Service contain links to third party web sites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party web sites or resources. Links to such web sites or resources do not imply any endorsement by or affiliation with Making Health A Priority LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites or resources.
Indemnification. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver. This Agreement constitutes the entire agreement between you and Making Health A Priority LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Making Health A Priority LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Making Health A Priority LLC.
Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Making Health A Priority LLC
PO Box 182
Monticello, IL 61856
Governing Law; Venue; Mediation. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Illinois as applied to contracts that are executed and performed entirely in Making Health A Priority LLC. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Champaign County, Illinois. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Full Disclosure Affiliate Policy. Occasionally, we may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation. The compensation received will never influence the content, topics or posts made on makinghealthapriority.com.
The Site may be compensated to provide opinion on products, services, web sites and various other topics. Even though we receive compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Makinghealthapriority.com does not contain any content which might present a conflict of interest.
Nutritional Information Disclosure. Makinghealthapriority.com occasionally offers nutritional information for recipes contained on this site. This information is provided as a courtesy and should not be construed as a guarantee by Makinghealthapriority.com. This information is a product of food packaging Nutrition Facts and online calculators. Although Makinghealthapriority.com attempts to provide accurate Nutritional Information, these figures should be considered estimates. Varying factors such as product types and the way ingredients are processed change the effective Nutritional Information in any given recipe. To obtain the most accurate representation of the Nutritional Information in a given recipe, you should calculate the Nutritional Information with the actual ingredients used in your recipe.
Updated: February 20, 2018