Hotmomzlifestyle.com is intended for
your personal entertainment, information, education and communication and is
operated by Casey Shipp and her web service provider, collectively referred to
as Hotmomzlifestyle.com. By using the Hotmomzlifestyle.com
web site you are agreeing to be bound by the following terms & conditions:
shall broadly mean
and refer to the arrangement, including all terms and conditions set forth
herein, by which a person: a) uses the Internet or e-mail services of the Site,
b) transmits, broadcasts, receives, and publicizes any electronic media to or
from the Site, c) maintains any information, documents, communication, data, or
records on the Site.
2. “Communication” shall broadly mean any and
every oral or written utterance, statement, or verbal or nonverbal
communication of any kind and nature, including without limitation, personal
conversations, telephone calls, and e-mail exchanges.
shall mean the exact day, month, and year, if ascertainable, or, if not, the
best approximation, including references to other events.
or any derivative therefrom, is used herein in the broadest sense permitted and
includes but is not limited to the original of all objects, tangible or
intangible, from which information or Communications may be derived or
discerned, and specifically includes all forms of electronic data and other
information stored on electronic media.
or any derivative therefrom, shall mean any attempt to seek or exploits any computer system or computer network by
subverting computer security for for malicious purposes
shall mean any individual, firm, partnership, corporation, company,
proprietorship, association, governmental body, or any other organization or
or “Web Site” or any synonym thereof or derivative therefrom, shall mean and
unless specified otherwise herein.
or any synonym thereof or derivative therefrom, shall mean and include any
breach, infringement, or distortion of any of the Terms and Conditions as set
or any synonym thereof or derivative therefrom, shall mean any individual,
firm, partnership, corporation, company, proprietorship, association,
governmental body, or entity which registers an account with the Site.
1. You must be 18 years or older to use
this Site. Otherwise, any person using
the Site that is under the age of 18 years old expressly agrees that he/she has
obtained parental/guardian consent and approval prior to any use of the Site
including but not limited to creating and maintaining an Account.
2. You are responsible for any activity
that occurs under your user name and Account.
3. You are responsible for keeping your
4. You may not in any way make
commercial or other unauthorized use, by publication, re-transmission,
distribution, performance, caching, or otherwise of material obtained through
the Website. This includes, without limitation, the Assets or Website Content,
except as permitted by the Copyright Act or other law, or as expressly
permitted in writing by this Agreement, Service Provider or the Website.
5. You may not use the Hotmomzlifestyle.com
service for any illegal or unauthorized purpose. International users agree to
comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your
conduct and any data, information, and screen names that you submit to Hotmomzlifestyle.com.
7. You must not modify, adapt or hack Hotmomzlifestyle.com
or modify another website so as to falsely imply that it is associated with Hotmomzlifestyle.com.
8. You must not transmit any computer
programs or any computer code that is destructive in nature or meant to corrupt
any computer system or network.
9. You must not, in the use of Hotmomzlifestyle.com,
violate any laws in your jurisdiction (including but not limited to copyright
Violation of any of these Terms will
result in the termination of your Account.
Conditions of Use:
1. You agree that Hotmomzlifestyle.com
may provide you with notices, including those regarding changes to the Terms and
Conditions, either by posting a notice about such changes on the Hotmomzlifestyle.com
website, or by sending an email to you.
2. We reserve the right to modify or
terminate your account or the Hotmomzlifestyle.com service in its entirety for
any reason, without notice at any time.
3. We reserve the right to alter these
Terms and Conditions at any time. Any alterations
to the Terms and Conditions will be sent to you in accordance with the
preference expressed on your account.
4. We reserve the right, in accordance
with any applicable laws, to refuse service to anyone for any reason at any
5. We may, but have no obligation to,
remove content and accounts for any reason. This may include content that
violates any party's intellectual property or these Terms and Conditions.
6. We reserve the right to reclaim
usernames on behalf of businesses or individuals that hold legal claim or
trademark on those usernames.
7. Hotmomzlifestyle.com adheres to its
Please review the policy at http://Hotmomzlifestyle.com/privacy. By using the Hotmomzlifestyle.com Site you agree to be
8. By posting messages, uploading
files, inputting date, or engaging in any other form of communication through
this service, you are granting Hotmomzlifestyle.com a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to:
a). Use, copy, sublicense, adapt,
transmit, publicly perform or display any such communication;
b). Sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with respect to
the communication. The foregoing grants shall include the right to exploit any
proprietary rights in such communication,
including but not limited to rights under copyright, trademark, service mark or
patent laws under any relevant
Setting Up Your Account
1. When you enter the Hotmomzlifestyle.com
Site for the first time, you will have the option of setting up a user Account.
Setting up an Account will enable you to access additional services and functions,
including the ability to:
i. Obtain recipe and/or meal plan recommendations
from Hotmomzlifestyle.com, based on your personalized plan;
ii. Download your weekly workout
schedules and goals;
iii. Upload personal photographs and
progress reports related to your personalized fitness plan;
iv. Receive alerts when new information
related to your fitness plan becomes available;
2. If you do not set up a user account,
your use of the Site will be limited to browsing only. However, anytime you use
the Hotmomzlifestyle.com website, please note that the Hotmomzlifestyle.com
Terms and Conditions will apply to you regardless of your level of use.
Linking to the Site
By using our Twitter, Facebook, or
other social media link tool, you can share a message with your followers and
friends including blog posts on Hotmomzlifestyle.com. You also have the option
of including a comment in your sent message. In addition, you may create and
maintain a hyperlink to any portion of the Site that is not protected by your
username or password. You are free to use any of the above tools provided you
do not: (a) portray Hotmomzlifestyle.com or the Site in a false or misleading
manner, (b) suggest any affiliation between you and Hotmomzlifestyle.com or our
Site, or (c) "frame," distribute, or resell access to the Site to any
Other than the use of hyperlinks to
Hotmomzlifestyle.com, no information, data, images, photographs, charts,
messages, text or audio may be removed from Hotmomzlifestyle.com. The Site contains material that is derived in
whole or in part from material supplied by Hotmomzlifestyle.com and other
sources, and is protected by U.S. and international copyright and trademarks
laws. No material (including but not limited to the text, images, audio and/or
video) and no software (including but not limited to any images or files
incorporated in or generated by the software of data accompanying such
software) (individually and collectively the “Materials”) may be copied,
reproduced, republished, uploaded, transmitted, or distributed in anyway or
decompiled, reverse engineered or disassembled.
and Confidential Information
Information (“Confidential Information”) shall
include all business, technical, and non-technical information of Hotmomzlifestyle.com whether disclosed in
writing, orally, or in any other form, tangible or intangible, including, but
not limited to:
concerning inventions, discoveries, concepts, ideas, technology, techniques,
methods of manufacture and packaging, designs, specifications, requirements, instructions,
plans, drawings, prints, diagrams, models, documentation, samples, prototypes, packaging,
product formulations, flow charts, computer programs, algorithms, testing
results, data, system and device implementation information and plans, system
and device operation
information, system and device installation information and instructions,
and plans, customer information and lists, business plans, contracts, licenses, agreements
and amendments thereto, marketing information, marketing plans and concepts, marketing
strategies, production information and plans, distribution information and
information and plans, business concepts, supplier information and lists,
and business operations, and all documents and materials related thereto;
B. The terms and
conditions found herein;
C. All know-how and intellectual
property (collectively, “Intellectual Property”), including, but not limited
to: (a) unpublished copyrightable material, copyrights, copyright registration
rights, and any other rights to any form or medium of expression; (b) patents,
and equivalents thereof; (c) trademarks, service marks, and applications for trademarks or service marks; and,
(d) inventions, improvements, concepts, ideas, technology, formulas,
product formulations, vendor lists, customer lists, equipment lists,
instructions, processes, methods of manufacture, items, information or theories which
are potentially protectable or registrable under any domestic and/or foreign
trademark, design, or other similar laws;
information or items constituting trade secrets under Georgia law (“Trade
Secrets”), including, but
not limited to, the information and items identified in this Section 1 which
constitute Trade Secrets.
— Confidential Information does not
include that information which:
A. is generally
known and readily available to the applicable trade at the time of disclosure
or which becomes
so through no breach of the Terms and Conditions found herein by you;
B. is known to you
prior to the time of disclosure by Hotmomzlifestyle.com as evidenced by contemporaneous,
dated written records;
C. is received
by you from an independent source having the right to such information without
of confidence or non-disclosure to Hotmomzlifestyle.com, and without the
been solicited or obtained by any use of the Confidential Information; or
independently developed, as evidenced by dated written records, by you or other
persons who have
not had access to the Confidential Information.
Use — you shall use the Confidential
Information of Hotmomzlifestyle.com only for your personal use and for no other
purpose ("Limited Use"). You shall
not use the Confidential Information for its own benefit or for the benefit of
others, except for such Limited Use, and nothing in this Agreement shall be
construed to grant you any sort of license, right to use, or any other rights
in the Confidential Information of Hotmomzlifestyle.com other than for the
Limited Use. You shall not make, nor
cause to be made, any modifications, disassembly, reverse engineering,
improvements, derivative works, measurements, or chemical or scientific tests
of any devices, systems, products, or methods which incorporate, use, or are
based on the Confidential Information of Hotmomzlifestyle.com, except pursuant
to a supplemental written agreement between the parties so providing.
to Third Parties — You shall keep the Confidential
Information of Hotmomzlifestyle.com strictly confidential and in trust. You shall use best efforts to safeguard the
Confidential Information of Hotmomzlifestyle.com, taking at least the same
level of care you would take to safeguard your own most valuable proprietary
and confidential information, and in no event, less than a reasonable level of
care. In furtherance of the foregoing:
A. You shall not disclose any portion
of the Confidential Information of Hotmomzlifestyle.com to any third party
except as expressly permitted hereunder.
B. You shall
cooperate with Hotmomzlifestyle.com of Confidential Information in such efforts
the Confidential Information of Hotmomzlifestyle.com from disclosure. Should you make any unauthorized disclosure or
use of any Confidential Information of Hotmomzlifestyle.com provided
hereunder, such you shall promptly notify Hotmomzlifestyle.com and shall
cooperate in taking
prompt steps to protect the Confidential Information of Hotmomzlifestyle.com from
further unauthorized disclosure or use.
C. You may
disclose Confidential Information of Hotmomzlifestyle.com to the extent
required to be disclosed
pursuant to a final court order; provided, however, that you shall: 1) upon its
receipt of any
pleading, discovery request, interrogatory, motion or other paper that requests
or demands disclosure
of any portion of the Confidential Information of Hotmomzlifestyle.com, notify Hotmomzlifestyle.com.
of such request or demand within three (3) days of your receipt thereof and provide Hotmomzlifestyle.com
with sufficient and appropriate information to contest and/or oppose such request or demand at the sole expense of you;
2) allow Hotmomzlifestyle.com, at its sole
expense, to contest such request or demand on behalf of you and to seek
judicial protection against
such disclosure, and to have such disclosure made under a protective secrecy
order, and 3) provide
Hotmomzlifestyle.com, at such Hotmomzlifestyle.com’s own expense, with
in opposing such request or demand.
D. As part of your
obligation to safeguard the Confidential Information of Hotmomzlifestyle.com, a you agree that only those employees, representatives,
and advisors of you having a need to know for
the Limited Use identified in these Terms and Conditions will have access to or
be provided with
the Confidential Information Hotmomzlifestyle.com, and then only to the extent
necessary to carry
out their respective tasks under this Agreement. You further agree to require such employees,
representatives, and advisors (unless such advisors are otherwise subject to
of confidentiality) to be subject to obligations of confidentiality and
non-disclosure, and restrictions
of use, with respect to the Confidential Information of Hotmomzlifestyle.com which are
no less stringent than those set forth herein.
No Interference with the Hotmomzlifestyle.com
Except with our advance written
permission, you agree not to use any program or software including but not limited
to a robot, spider, data gathering, scraping or extraction tool or similar
mechanism, to access or attempt to view or obtain data from our Site. You agree
not to interfere or attempt to interfere with the Site or any other user's
access to the site. Further, you agree not to reverse engineer, attempt to gain
unauthorized access to, or attempt to discover the underlying source code or
structure of the Site (including but not limited to any feature, widget or
application made available through the Site).
Medical Information - Disclaimer
The information on this website is
provided for educational and entertainment purposes only, and is in no way
intended to diagnose, cure or treat any medical condition or ailment. Always
seek the advice of your physician or other qualified health provider prior to
starting any new diet or workout regimen, and ask your doctor any questions you
may have regarding nutrition, allergy or other medical condition. In addition
to all other limitations and disclaimers in this agreement, service provider
and its third party providers disclaim any liability or loss in connection with
the content provided on this website. Use
of the programs, advice, and information contained in this web site is at the
sole choice and risk of the reader.
Your personal safety cannot be
guaranteed. Engaging in any form of
physical activity or cardiovascular stress may result in injuries which can range
from occasional minor injury (e.g., pulled muscles, muscle soreness) to
infrequent serious injury (e.g., heart attack, stroke, or other cardiovascular
accidents) to the very rare catastrophic incident (e.g., death, paralysis).
Likewise, you understand that engaging
in muscular endurance, strength building, and other fitness activities
occasionally results in minor injuries (e.g., bruises, musculo-skeletal strains
and sprains), infrequently, more serious injuries (e.g., muscle tears,
herniated disks, torn rotator cuffs), and very rarely, catastrophic injury
(e.g., death, paralysis). You further
understand that when participating in any exercises or conditioning activity,
there is always a possibility that minor injuries, major injuries, or
catastrophic injury/death may occur.
Disclaimer of Warranties
We provide the site (and any
content, features, applications, or products offered or made available through
the site) "as is." We do not make any warranties or guarantees of any
kind with respect to the site, nor do we guarantee that the site will be
continuously available or secure. We disclaim all express and implied
warranties with respect to the site, including implied warranties of
merchantability, fitness for a particular purpose, and non-infringement.
Certain state laws do not allow limitations on implied warranties; if those
laws apply to you, some or all of the disclaimers above may not apply to you,
and you may have additional rights.
Limitation of Liability
We will not be liable to you for any
lost profits or for any incidental, indirect, special or consequential damages,
regardless of the cause of action.
In no way will Hotmomzlifestyle.com
or any persons associated with Hotmomzlifestyle.com be held responsible for any
injuries or problems that may occur due to the use of this website or the
advice contained within. Hotmomzlifestyle.com will not be held responsible for
the conduct of any companies and/or web sites recommended within this site. Our total liability to you for any claim
arising under this agreement will not exceed $100.00 or the value of your
membership fee, whichever is greater. Certain state laws may not allow the
exclusion of liability for incidental or consequential damages, so the above
limitation may not apply to you, and you may have additional rights.
You agree to indemnify, defend and hold harmless, Hotmomzlifestyle.com and its
affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third party providers to the Site from and
against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of these Terms of Service by you.
Hotmomzlifestyle.com reserves the right to assume, at its sole expense, the
exclusive defense and control of any matter subject to indemnification by you,
in which event you will fully cooperate with Hotmomzlifestyle.com in asserting
any available defenses.
Governing Law; Disputes
These Terms and Conditions are
governed by the laws of the State of Georgia, without regard to its conflict of
laws rules. The exclusive venue for any action or dispute arising out of this
Terms and Conditions will be the Superior Court of Fulton County, Georgia or
the Federal Court located in Atlanta, Georgia, and you hereby submit to the personal
jurisdiction of such courts.
These Terms and Conditions form the
entire agreement between you and the Site.
It supersedes any prior or contemporaneous agreements or communications
between the parties. If we fail to enforce any term of these Terms and
Conditions, it will not be considered a waiver. Any amendment to these Terms and
Conditions must be made in a writing signed by both parties. All of our rights
under these Terms and Conditions are freely assignable by us, including in
connection with a merger, acquisition, sale of assets, or by operation of law.
These Terms and Conditions do not confer any right on any third party.
Should any provision of these Terms
and Conditions be declared illegal or unenforceable by any court of competent
jurisdiction, such that it cannot be modified to be enforceable, such provision
shall immediately become null and void, leaving the remainder in full force and
You acknowledge and agree that these
Terms and Conditions as well as any document included by reference contains the
entire and complete agreement between the parties with respect to your usage of
the Site and that the Terms and Conditions stated herein shall bind and inure
to the benefit of the parties hereto and their respective heirs, successors,
representatives and assigns. This
Agreement is intended to supersede all prior oral and/or written
representations and promises discussed between the parties and such prior oral
and/or written representations and promises are merged and integrated herein.
You acknowledge that you have read
and reviewed these Terms and Conditions and fully understand the same and agree
to be fully bound by and subject thereto.
If you have any questions, please contact support@Hotmomzlifestyle.com.Hotmomzlifestyle.com is intended for