Terms & Conditions

Welcome to HealthyKidsCompany.com (“the SITE”).

Please read this document carefully before accessing or using the SITE.  BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND BY OUR PRIVACY POLICY, WHICH IS EXPRESSLY INCORPORATED INTO THESE TERMS OF USE.

HealthyKidsCompany.com, and/or its affiliates, their owners, Managing Members, Directors, Representatives, or Personnel (collectively “HEALTHY KIDS”)MAY MODIFY THIS AGREEMENT AT ANY TIME.  SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

HEALTH DISCLAIMER: THE SITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The SITE contains information for healthy and nutritional eating, weight management, and healthy living ("the INFORMATION") that is intended to be helpful to its users and used for educational purposes, BUT THE INFORMATION DOES NOT AND IS NOT INTENDED TO PROVIDE OR REPLACE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  ANY AND ALL INFORMATION, CONTENT, AND COMMUNICATIONS OBTAINED BY ACCESSING THIS SITE AND/OR CONTACTING HEALTHY KIDSOR ITS AGENTS IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.  You should seek the advice of your physician for any questions concerning your health or well-being, regarding a health condition, and before using the INFORMATION or beginning any diet or exercise regimen.

Use of the Site DOES NOT Create a Patient-Health Care Provider Relationship of Any Kind

YOUR USE OF THIS SITE, including but not limited to your transmission to, submission to, or receipt from HEALTHY KIDS of any information and/or a response from HEALTHY KIDS IS NOT INTENDED TO BE AND SHOULD NOT BE CONSIDERED OR CONSTRUED AS MEDICAL ADVICE.  ANY SUCH ACTIONS BY HEALTHY KIDS OR YOU SHALL NOT CREATE OR IMPLY A DOCTOR-PATIENT, HEALTHCARE PROVIDER-PATIENT, OR ANY OTHER PRIVILEGED RELATIONSHIP BETWEEN YOU AND HEALTHY KIDS.

INFORMATION on the SITE DOES NOT CONSTITUTE Medical Advice, Information, or Treatment

The INFORMATION on the SITE SHOULD NOT BE USED in place of the advice of your physician or other medical professional or in place of information provided in or by any product label, product packaging, product insert, or service.  The INFORMATION should be used only in combination with the guidance and care of your physician, especially if you are taking any medications.  Consult your physician before using the INFORMATION, regardless of your health condition or weight.  Should you have any health-care related questions, please call or see your physician or healthcare provider promptly.

SHOULD AN EMERGENCY OCCUR, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION ON THIS SITE.  YOU SHOULD NOT USE THE CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

ACCESSIBILITY

This SITE is intended for use by families ("Members"), NOT BY CHILDREN ALONE.  Children under the age of 18 should only use the SITE with the co-participation and/or guidance of a parent or guardian i.e., as part of a family.

We do not knowingly collect personal information from any person under the age 18.  WE USE A THIRD PARTY TO PROCESS  PAYMENT OF MEMBERSHIP FEES AND THUS HAVE NO ACCESS TO ANY OF THE ASSOCIATED PERSONAL INFORMATION OR MEANS FOR CONFIRMING THE AGE OF PERSONS JOINING THE SITE.  WE ALSO DO NOT ATTEMPT TO CORRELATE ANY SUCH PERSONAL INFORMATION WITH INFORMATION THAT USERS INPUT ONTO THE SITE.  We urge parents and guardians to monitor their children's use of the internet to make sure that they are not joining the SITE without authorization, to participate in their children’s use of the SITE and the internet generally, and to teach their children about protecting their personal information.  We also urge children under the age of 18 who would like to become Members to ask their parent or guardian for consent before using the SITE.

THIRD PARTY CONTENT

The SITE contains some content that includes the opinions and/or judgment of a third party creating or distributing that content.  HEALTHY KIDS DOES NOT ENDORSE AND IS NOT RESPONSIBLE for the accuracy or reliability of any opinion, advice, or statements on the SITE.  Under no circumstances shall HEALTHY KIDS or its agents be liable for any loss, damage or harm caused by reliance on information obtained via or appearing on our SITE.  YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE QUALITY AND/OR RELIABILITY OF ANY AND ALL CONTENT APPEARING ON OR AVAILABLE THROUGH THE SITE.

Link to Third-Party Websites

The SITE may link to, reference, or contain content from websites operated by other parties ("Other Sites"), but HEALTHY KIDS SHALL NOT BE RESPONSIBLE for the content, advice, opinions, advertisements, or business dealings of any such Other Sites.  YOU AGREE THAT HEALTHY KIDS or its agents SHALL NOT IN ANY WAY BE LIABLE  for any damages, loss, or injury arising from such Other Sites.  Any links to Other Sites are provided solely as a convenience for Members and visitors to the SITE, and the existence of any such links in no way implies endorsement of the Other Sites or their content. YOU ALONE BEAR ALL RISKS RELATED TO THE USE OF OR RELIANCE ON SUCH THIRD PARTY SITES OR INFORMATION CONTAINED THEREIN.

PRIVACY POLICY

OUR PRIVACY IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE.  TO REVIEW IT, CLICK HERE.

MEMBERSHIP, USER NAME, PASSWORD AND YOUR ACCOUNT

Any information you provide will be bound by our Privacy Policy, which appears above.


The SITE provides certain information that is available to the public and other information that is available to Members only.  Those families that become Members will receive a user name and password for two adults and up to three children. You alone are responsible for maintaining and protecting the confidentiality of your Membership information and to restrict access to your computer.  You are likewise solely responsible for all activity that occurs under your account.  You cannot sell, transfer, or assign your account, membership, or any membership rights to another. If you believe someone accessed the SITE using your Membership without your authorization, please notify us immediately at [email protected]

The membership fee is $365 per year. Members will be charged the membership fee once and will receive notice 30 days before expiration of the need to renew, unless they have opted out of receiving an e-mail notification.  Discounts and special rates may apply for purchases made at certain events or in conjunction with other products.  HEALTHY KIDS is not responsible for any differences between the price you pay or the price offered to or paid by another individual or at another time.

You agree to pay all subscription fees and any other charges (including any applicable taxes) incurred under your account at the rates in effect at the time the charge was incurred. For convenience, all fees will be billed to the credit card provided when you registered or to a different credit card if you change your account information at a later date.

CANCELLATION

You may cancel your membership at any time, BUT WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PART OF THE ANNUAL MEMBERSHIP.  Please allow us at least a week to process any cancellation request

OPERATION

HEALTHYKIDSCOMPANY.COM is owned and operated by Me!Me!Me! LLC (“the Company”) as directed by its management, including Dr. Jennifer Gardner, M.D.

APPLICABILITY

This SITE is intended to provide information regarding healthy eating, nutritional foods, exercise, and healthy living by way of lectures, blogs, newsletters, books, and other services or products. The SITE is run by HEALTHYKIDSCOMPANY.COM in the State of New Jersey.  HEALTHY KIDS makes no representation that the content appearing on this SITE is appropriate or available for use outside the United States. Visitors from outside the U.S. are responsible for compliance with all applicable local laws.

INTELLECTUAL PROPERTY

All content on this SITE, including, but not limited to, the text, graphics, nutritional plans, logos, trademarks, service marks, general appearance of, and tag lines posted on, displayed or provided via the HEALTHY KIDS SITE, including, but not limited to, “Kitchen Pediatrician,” "Healthy Me Grand Prix," "Fill Up With Premium," "An Eating Creed Indeed, Indeed," and "Color Me Healthy" are intellectual property protected by copyrights, trademarks, trade dress, trade secrets, or other intellectual property, and proprietary rights.  All such property is either licensed or owned by Me!Me!Me! LLC.  Rights to such content are protected in all forms, media and technologies existing now or hereinafter developed.  All content is copyrighted as a collective work under the U.S. copyright laws, and Me!Me!Me! LLC is the exclusive owner or licensor of the compilation of the content including, copyrights in its selection, coordination, arrangement, and enhancement.

Use of Intellectual Property for Personal and Non-Commercial Purposes Only

You may view or use the material on HEALTHY KIDS SITE for personal and non-commercial purposes only.  For these uses alone, you may excerpt and use portions from the whole if you provide the appropriate copyright, trademark, or other proprietary notices along with any such excerpts. You may not reproduce, modify, use, disseminate, publish, transmit, transfer, upload, post or exploit the SITE's content, in any way, in whole or in part, without express written consent by the intellectual property rights owners. Use of any software content whether software, material, images, files, forms, and/or data accompanying the software or material generated by software (collectively, the “Software”) shall be governed by the accompanying software license agreement. If you want to disseminate, reproduce, or otherwise use the SITE's content or Software, please contact HEALTHY KIDS to negotiate a license or for a referral to the rights holder. You may not attempt to modify, change, or circumvent the security of the SITE or any content on the HEALTHY KIDS SITE.

Except as specified immediately above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of HEALTHY KIDS, its agents, or any third party.

EXPORT AND DOWNLOADS

You may not access, download, use or export the SITE or the content, products, or services provided on the SITE in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.  By downloading or using the SITE and its contents, you represent and warrant that such download or use is not in violation of any such law.

E-MAIL AND NEWSLETTER SUBSCRIPTIONS

When registering, you are also subscribing to our e-mail list and newsletter. You may terminate such subscription at any time.  Terminating your subscription to the email list or newsletter DOES NOT cancel your membership.


PRODUCT OFFERINGS MAY CHANGE

Any and all information on the SITE may change without warning or notice.  It may also contain inaccuracies or typographical errors. We may offer products, promotions, specials and services on a “first-come, first-served” or “while supplies last” basis, and all pricing may be subject to change without notice. We may advertise a price elsewhere that may not be available or offered at the same price on the SITE.  We are not responsible for any such errors or discrepancies.

TRANSACTIONS

All purchases of any services or products via the SITE are conducted through a third party processing merchant vendor, bank, or distribution system.  Although most transactions are completed without difficulty, we cannot guarantee the security of any such transactions, whether on the internet or otherwise.  We ARE NOT RESPONSIBLE for the success or security of transactions processed by third parties. YOU ASSUME FULL RESPONSIBILITY for the risk of any such transactions.

MEMBER GENERATED CONTENT

EACH MEMBER IS SOLELY RESPONSIBLE FOR ensuring that any content he or she provides to HEALTHY KIDS or posts on the SITE is wholly owned by the Member and does not in any way violate the rights of any third party, is not slanderous, libelous, defamatory, obscene, or otherwise inappropriate. 
YOU HEREBY GRANT HEALTHY KIDS a perpetual, royalty-free, worldwide, nonexclusive license to freely utilize, distribute, reproduce, publicly display, reformat and/or translate into any language in any media, manner, or format any and all content YOU provide to HEALTHY KIDS and/or upload to the SITE.

POSTINGS AND UPLOADS

HEALTHY KIDS DOES NOT REVIEW ALL CONTENT POSTED ON OR UPLOADED TO THE SITE.  HEALTHY KIDS IS NOT RESPONSIBLE FOR ANY SUCH CONTENT.

LIMITED LICENSE

Subject to these Terms of Use, MEMBER is granted, a limited, non-exclusive, and revocable license to link to the SITE. You shall not display any such link to the SITE in a way that creates an impression or leads to an inference that the SITE endorses any organization, product, or service including, without limitation, the website displaying the link. You also agree not to present false information about HEALTHY KIDS, its products or services, including misrepresenting your relationship with HEALTHY KIDS, or place a link to the SITE on a website that a reasonable person may consider, obscene, defamatory, harassing, malicious, or otherwise offensive. We reserve the right to revoke this license generally, or the right to use specific links, at any time. Upon any such revocation, you shall remove and disable any and all of your links to the SITE immediately.

DISCLAIMERS AND NO REPRESENTATIONS AND WARRANTIES

YOU EXPRESSLY AGREE THAT:

  1. YOU USE THE HEALTHY KIDS SITE, ITS PRODUCTS AND ITS SERVICES SOLELY AT YOUR OWN RISK;
  2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;
  3. HEALTHY KIDS MAKES NO IMPLIED OR EXPRESS WARRANTY, GUARANTEE, REPRESENTATION, OR ENDORSEMENT OF ANY KIND:
    1. THAT THE SITE WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, WITHOUT ERROR, OR WITH SECURE ACCESS;
    2. THAT THE SITE WILL BE AVAILABLE AT A PARTICULAR TIME OR PLACE;
    3. AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY SERVICES, INFORMATION, CONTENT, OR PRODUCTS PROVIDED VIA OR AVAILABLE ON THE SITE;
    4. AS TO THE SITE'S OPERATION OR THE CORRECTION OF ANY OF ITS POSSIBLE ERRORS OR DEFECTS;
    5. THAT THE SITE AND ITS OPERATING SYSTEMS OR ANY COMMUNICATIONS FROM OR ON BEHALF OF HEALTHY KIDS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; OR
    6. THAT ANY PRODUCT PURCHASED, USED, OR OBTAINED THROUGH THE SITE IS SUITABLE FOR A PARTICULAR PURPOSE; AND
  4. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, INFORMATION, SERVICES, MERCHANDISE, AND OTHER MATERIAL PROVIDED THROUGH THE SITE.


LIMITED LIABILITY

IN NO EVENT SHALL HEALTHY KIDS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, OR OTHER LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO: RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE, OR OTHER LINKED WEBSITES, OR THAT RESULT FROM DEFECTS, ERRORS, VIRUSES, DELAYS, COMMUNICATIONS FAILURE, MISTAKES, OMISSIONS, INTERRUPTIONS, theft or destruction or unauthorized access to, alteration of, or use of records, INFORMATION, FILES, material OR INFORMATION, E-MAIL, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ANY OF THE ABOVE OR ACTS OF GOD.

HEALTHY KIDS TOTAL LIABILITY IN ANY EVENT SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR THE USE OF THE SITE OR THE GOODS OR SERVICES PURCHASED THROUGH THE SITE THAT GAVE RISE TO THE CLAIM.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF HEALTHY KIDS HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE.

USER ACKNOWLEDGES THAT THE ABOVE SHALL APPLY TO ALL CONTENT, INFORMATION, PRODUCTS, MATERIAL, AND SERVICES AVAILABLE VIA OR APPEARING ON THE SITE REGARDLESS OF WHETHER HEALTHY KIDS OR ITS AUTHORIZED REPRESENTATIVES OR AGENTS HAVE RECEIVED EXPRESS NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.

THE ABOVE WILL APPLY TO THE FULL EXTENT PERMISSIBLE BY LAW.

Indemnification

You shall indemnify, defend and hold harmless HEALTHY KIDS and its agents, from and against any and all actions, claims, losses, damages (including, reasonable attorney's fees), liabilities, judgments, recoveries, and costs constituting and arising from or in connection with a breach of any of the provisions of these Terms of Use, including, without limitation, your placement or transmission of any content onto the HEALTHY KIDS servers and from any and all use of the SITE.

GOVERNING LAW

These Terms of Use will be governed and construed by the laws of the State of New Jersey.  If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, all other provisions will still remain valid and enforceable.  Any disputes should first be addressed to HEALTHY KIDS.  If a resolution is not reached in that manner, any remaining disputes shall be submitted for binding arbitration by the National Arbitration Forum, or another similar forum chosen solely by HEALTHY KIDS, in New Jersey.

TERMINATION

HEALTHY KIDS may without notice and at its sole discretion suspend or terminate any Member’s access to all or any part of the SITE including, but not limited to, any Member's section.  Any such action by HEALTHY KIDS DOES NOT AFFECT IN ANY WAY its ability to enforce the policies, rights, or provisions of these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use, including all material or documents referenced herein, represent the entire understanding between Member and HEALTHY KIDS regarding Member’s relationship with us and supersedes any prior statements or representations. Member agrees to be bound by these terms of use at all times when using this website or when purchasing or receiving our products and services.

Modification

HEALTHY KIDS expressly reserves the right to alter or change at any time and without notice the SITE, any posted policies, and these Terms of Use, including the Privacy Policy.  Any such change or alteration will take effect immediately.  Please review these materials regularly as your continued use of the SITE and your receipt of HEALTHY KIDS’s products or services shall indicate acceptance of our Terms of Use, Privacy Policy, and other policies.

Please e-mail HEALTHY KIDS at [email protected] if you have any questions regarding these Terms of Use.

Notice: These Terms of Use were last revised on January 27, 2013.