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Your Life. Your Health. Take Control.®

1-800-442-3438

Terms of Service

These Terms of Service (“Terms”) are a legal contract between you and Seattle Sutton's Healthy Eating (“SSHE”) and apply to your use of this Web site and its services. By using this Web site, you are agreeing to all the Terms and the Privacy Policy; if you do not agree with any of these Terms or the Privacy Policy, do not access or otherwise use this Web site or any information contained on this Web site.

Changes

SSHE may make changes to the content offered on the Web site at any time. SSHE can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on this Web site and/or by notifying you via e-mail. By using this Web site after SSHE has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Web site.

Eligibility

You must be the age of majority where you live and the legal ability to enter into contracts to use the Web site and the services. The Web site is only intended for use in the United States.

General Use

The content of this Web site, including but not limited to the text and images and their arrangement, are copyright © 2014 by the Sutton Corporation. All rights reserved. Seattle Sutton’s®, Seattle Sutton’s Healthy Eating®, Your Life, Your Health. Take Control ® and related logos, and other related trademarks listed on this Web site are registered and unregistered trademarks of SSHE in the United States.

SSHE and/or its affiliates authorize you to copy and display the content herein, but for your personal, noncommercial use only. If attribution to SSHE is included, limited quotations from the content are permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of SSHE. No permission is granted to you to use SSHE's trademarks or icons to hyperlink other Web sites with this site, or to use SSHE's name, trademarks, trade names or designs for any reason.

The information published on SSHE's Web site is provided without charge as a convenience to visitors, to be used for informational purposes only. While SSHE has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.

SSHE expressly disclaims all liability for the use or interpretation by others of information contained in SSHE's Web site. Decisions based on information contained in SSHE's Web site are the sole responsibility of the visitor, and in exchange for using SSHE's Web site the visitor agrees to hold SSHE and its affiliates harmless against any claims for damages. Nothing contained in SSHE's Web site constitutes investment advice.

Submissions

Certain areas of this Web site may allow visitors to submit, upload, post or otherwise make available information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material (each a “Submission”). You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. You may not upload, post or otherwise make available on this Web site any Submission that

  • Violates any third party’s intellectual property rights;
  • Is false or misleading;
  • Defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
  • Uses racially, ethnically, or otherwise offensive language;
  • Discusses or incites illegal activity;
  • Uses explicit/obscene language or solicits/posts sexually explicit images (actual or simulated); or
  • Contains anything contrary to our public image, goodwill or reputation or that SSHE considers objectionable or inappropriate. 

SSHE reserves the right to (a) terminate access to your account and your ability to post to this Web site, and (b) refuse, delete or remove any Submission, with or without cause and with or without notice, for any reason or no reason, or for any action that SSHE determines is inappropriate or disruptive to this Web site or to any other user of this Web site.

You agree that any Submission provided by you in connection with this Web site is provided on a non-proprietary and non-confidential basis. You hereby grant to SSHE a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions.

Intellectual Property Infringement

SSHE respects the intellectual property rights of others, and we ask you to do the same. SSHE may, in appropriate circumstances and at our discretion, terminate service and/or access to this Web site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Web site, please provide SSHE’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Web site, and information reasonably sufficient to permit SSHE to locate the material.
  • Information reasonably sufficient to permit SSHE to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SSHE’s agent for notice of claims of copyright or trademark infringement on this Web site can be reached as follows: Seattle Sutton’s Healthy Eating Corporate Headquarters, 611 E. Stevenson Road, Ottawa, IL 61350, corp@sshe.com, 1-800-442-3438.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the SSHE designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which SSHE may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

SSHE reserves the right, in its sole discretion, to terminate the account or access of any user of our Web site and/or services who is the subject of repeated DMCA or other infringement notifications.

Limitation of Liability/Disclaimer of Warranties

You expressly agree that the use of the SSHE Web site is at your sole risk. Neither SSHE, nor any of its officers, directors, or employees, agents, third-party content providers, affiliates, merchants, sponsors, licensors or associates warrant that the SSHE Web site will be uninterrupted or error free. SSHE disclaims any and all representations and warranties with respect to this site and its contents, whether expressed, implied, or statutory, including, but not limited to warranties of title, merchantability and fitness for a particular purpose.

Without limit, SSHE disclaims any and all warranties, express or implied for any products or merchandise offered on this Web site, including without limitation, the implied warranties of merchantability and fitness for a particular use. This disclaimer does not apply to any product warranty offered by the manufacturer.

SSHE does not endorse nor make any warranties or representation from any Web site that you may access through the SSHE Web site. Links to other sites are provided for convenience purposes only.

Under no circumstances, shall SSHE, nor its subsidiaries, nor any of its officers, directors, or employees, agents, third-party content providers, affiliates, merchants, sponsors, licensors or associates be responsible for any direct or indirect losses or damages from the use or inability to use the SSHE Web site.

Applicable laws may cause the above limitation of liability to be null and void. If any section is found to be invalid or unenforceable for any reason, the aggregate liability of SSHE under such circumstances for liabilities that otherwise would have been limited shall not exceed fifty dollars ($50).

General

No waiver by SSHE of any of the terms and conditions set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SSHE to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms continue in full force and effect. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. These Terms and our Privacy Policy constitute the sole and entire agreement between you and SSHE with respect to the Web site and our services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Web site and our services.

Updated Effective: [August 2014]