Terms and Conditions
elHafez co. (“elHafez co.”) may revise and update these Terms and Conditions at any time. Your continued usage of the elHafez co. website (“elHafez co. Site,” or the “Site,”) will mean you accept those changes.
The contents of the elHafez co. Site, such as text, graphics, images, information obtained from elHafez co.’s licensors, and other material contained on the elHafez co. 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 elHafez co. Site!
Reliance on any information provided by elHafez co., elHafez co. employees, others appearing on the Site at the invitation of elHafez co., or other visitors to the Site is solely at your own risk.
elHafez co. (“elHafez co.”, “us”, “our”, “we “) maintains this Internet site together with other Internet sites (“Sites”) as a service to you and the Internet community. Unless otherwise noted, the Content is the property of elHafez co. and protected by international intellectual property laws. As a user of the Sites, you agree that you shall download and/or use Content solely for your personal, non-commercial use. You agree to all of the terms and conditions set forth herein and will not use the Sites until and unless you have agreed to these terms and conditions. You may not use the Content in any matter inconsistent with this Agreement (“Agreement”) or applicable law, and you may not copy, modify or alter the Content without elHafez co. express prior written consent.
We are committed to protecting your privacy. You should be aware that this Site is intended or designed to attract customers. We do not collect personally identifiable information from any person who visit this website.
elHafez co. authorizes you to view or download a single copy of the material on the elHafez co. Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright (c) 2014, elHafez co., All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the elHafez co. Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under international laws. Title to the Content will remain with elHafez co. or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of elHafez co. All rights not expressly granted herein are reserved to elHafez co. and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
1. Medical Information
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE SITES ARE FOR COMMERCIAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. elHafez co. RESERVES THE RIGHT TO CANCEL YOUR MEMBERSHIP SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITES.
The process of becoming a member of the Sites (a “Member”) requires entry of certain personal information and, among other conditions of membership, agreement with these Terms and Conditions in order to gain access to the Sites.
You are advised that health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
2. Message Boards, Email Rules, Monitoring and Third Party Content
Message Boards on the Sites will contain information that can be posted and viewed by anyone on the Sites and the Internet. elHafez co. does not endorse any information posted on the Message Boards. Please consult a physician or other relevant expert (depending on the nature of the information) before practicing anything you read on the Message Boards or using any information from the Message Boards. elHafez co. is not responsible for the information posted on the Message Boards or for editing any factual errors or making any type of corrections to information presented on the Message Boards. Any action taken by a viewer of the Message Boards based on information presented on the Message Boards is at your own risk and could be dangerous or life threatening.
In using our Message Boards you agree to follow our Community Guidelines that includes these provisions:
Respect everyone’s opinions. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return. No profanity or explicit content. No posts, including pictures that might be considered “inappropriate”. No posts that could be interpreted as threatening or harassment. No third party solicited advertising or product promotion is permitted (although you may recommend third party products). elHafez co. has the right to remove a post if it does not meet these standards, but does not have the obligation to do so. You have the right to edit any of your posts. If you have started a thread (such as a journal) that you want to close, please post a message indicating “THREAD CLOSED”. We do not typically delete threads on request. Understand that posts made by members do not necessarily reflect the views of elHafez co. and should not be taken as medical advice. Posts submitted to the Sites’ Message Boards are not considered confidential. elHafez co. may use these posts for any purpose without requiring permission from the originator.
B. EMAIL RULES
Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Members found using email information in this manner may, at the sole discretion of elHafez co., have their Membership cancelled without notice. elHafez co. is not responsible for the content of email messages sent by its members or from a third party.
Notwithstanding anything to the contrary herein, elHafez co. has no obligation whatsoever to monitor any of the content or postings on the Message Boards or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our Members, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
D. THIRD PARTY CONTENT
elHafez co. may provide links to third-party web sites. elHafez co. also may select certain sites as priority responses to search terms you enter and elHafez co. may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. elHafez co. does not recommend and does not endorse the content on any third-party websites. elHafez co. is not responsible for the content of linked third-party sites, sites framed within the elHafez co. Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. elHafez co. does not endorse any product advertised on the elHafez co. Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on the Sites or on sites that are linked to the Sites, including information providers, are those of the respective third parties, and not elHafez co. elHafez co. does not guarantee the accuracy, completeness, or usefulness of any third party content. Furthermore, elHafez co. neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or on any site that might be linked to the Sites by anyone other than authorized elHafez co. representatives acting in their official capacity.
3. General Terms and Conditions
A. MINIMUM AGE REQUIREMENT:
i. You must be at least 18 years of age to open an account. All children registered accounts require an associated parental/legal guardian account.
B. PERSONALLY IDENTIFIABLE INFORMATION:
ii. You agree that as part of the service provided on the Sites, you shall receive periodic email communications from elHafez co. You affirmatively consent to receive those emails without regard to any previous request you might have made to opt-out of receiving additional emails.
C. SUBMISSION POLICY: By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, ” Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to elHafez co. shall be considered fully paid-up and royalty free. In addition, under no circumstances shall elHafez co. have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of elHafez co.’s business through a merger, sale, transfer or license of all or substantially all of the assets of elHafez co., nor shall the sale or barter of advertising or sponsorship on any of the Sites or any other product sales give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on elHafez co.’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
D. ACCOUNTS, PASSWORDS and SECURITY: If any of the Sites require you to open an account, you must complete the registration process by providing elHafez co.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify elHafez co. immediately of any unauthorized use of your account or any other breach of security. elHafez co. will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by elHafez co. or another party due to someone else using your account or password.
E. PROMOTIONS: elHafez co. occasionally provides contests, sweepstakes, games and other elHafez co. or third party promotions on its Sites. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
F. LIMITED LICENSE: elHafez co. grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
G. PROHIBITED ACTIVITIES: In connection with your use of the Sites, you acknowledge and agree that you will not:
i. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites;
ii. access the Sites by any means other than through the standard industry-accepted or elHafez co.-provided or authorized interfaces;
iii. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
iv. impersonate any person or entity, including without limitation, a elHafez co. official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
v. post or transmit any material that contains a virus or corrupted data;
vi. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
vii. use any of the Sites’ communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
viii. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation information such as opinions or notices, commercial or otherwise;
ix. violate any applicable local, state, national or international law;
x. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
xi. delete or revise any material posted by any other person or entity;
xii. manipulate or otherwise display the Sites by using framing or similar navigational technology;
xiii. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any elHafez co. product or service if you are not expressly authorized by such party to do so; or
xiv. use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site in any manner that could damage, disable, overburden or impair elHafez co.’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, services, accounts, computer systems or networks connected to elHafez co. through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
H. DISCLAIMER OF WARRANTIES: THE SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, elHafez co. AND ITS AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, (iv) THAT THE SITES SHALL BE AVAILABLE WITHOUT DELAY, FAILURE, INTERUPTION OR CORRUPTION DUE TO LOCAL EXCHANGES, INTER-EXCHANGES, CARRIER LINES, ROUTES, SWITCHES AND OTHER EQUIPMENT OWNED BY THIRD-PARTIES or (v) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES IS ENTIRELY AT YOUR OWN RISK.
I. RELEASE AND INDEMNIFICATION: YOU AGREE THAT NEITHER elHafez co., NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS (“RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES. YOU FURTHER AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS, CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING ATTORNEYS’ FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM YOUR USE OF THE SITES. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU BY ANY RELEASE PARTY SHALL NOT EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD elHafez co., 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 OR YOUR USE OF THE SITES OR SERVICES OF elHafez co.
J. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SITES THAT NEITHER elHafez co. NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii) ANY CONTENT CONTAINED ON THE SITES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, or (vii) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL elHafez co.’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR MEMBERSHIP. IN ADDITION, SHOULD YOUR CLAIM ARISE FROM A PURCHASE MADE ON OR THROUGH OUR SITES, OUR TOTAL DAMAGES SHALL NOT EXCEED THE COST OF THE PRODUCT OR SERVICE PURCHASED (LESS SHIPPING AND HANDLING).
K. NOTICES: elHafez co. may deliver notice to you under this Agreement or any other published policy on the Sites by email, a general notice published on the Sites. elHafez co. will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address:
elHafez co. PO Box 6457 135 W 25th St. San Mateo, CA 94403 Attn: Customer Service
L. GEOGRAPHIC LIMITS OF SERVICE: elHafez co. makes no representation or warranty that the content and materials on the Sites are appropriate or available for use in locations outside the United States, its territories and possessions and Canada.
Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. elHafez co. reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites to any person, geographic area, or jurisdiction we so desire.
M. TERMINATION: This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that elHafez co., in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Paragraph may be effective without prior notice to you. In the event of termination, however, those portions of this Agreement that provide for continuing obligations on your part shall survive indefinitely.
elHafez co. may assign its rights and interest in this Agreement or otherwise at any time and without notice to you or your consent.
O. MISCELLANEOUS TERMS AND CONDITIONS: This Agreement constitutes the entire agreement and understanding between you and elHafez co. and governs your use of the Sites, superseding any prior agreements between you and elHafez co. This Agreement and the relationship between you and elHafez co. shall be governed by and construed in accordance with the laws of the Commonwealth of California, without regard to its conflict of law provisions. You and elHafez co. irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of San Mateo, in the Commonwealth of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of elHafez co. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by elHafez co. of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default