I.  Privacy Policy

This privacy policy discloses the privacy practices for www.HealthwithKelley.net This privacy policy applies solely to information collected by this web site. It will notify you of the following:

What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. What choices are available to you regarding the use of your data. The security procedures in place to protect the misuse of your information. How you can correct any inaccuracies in the information.

1. Information Collection, Use, and Sharing 
We collect and use only the minimum information necessary to conduct our business. We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

2. Your Access to and Control Over Information 
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

   • See what data we have about you, if any.

   • Change/correct any data we have about you.

   • Have us delete any data we have about you.

   • Express any concern you have about our use of your data.

3. Security 
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

4. Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 786-620-6233 or via email.

5. Registration 
In order to use this website, a user may have to complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

6. Orders 
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

7. Links 
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

8. Sharing 
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

9. Surveys & Contests 
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

10. Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.  An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment

11. Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

12. Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.  If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.  If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

13. Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

14. Analytics
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.







 II.  Terms of Use - General

These Terms of Use govern your use of the Site and its contents.

Your use of the Site constitutes your binding acceptance of these Terms of Use, including any modifications that we make. These Terms of Use will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Site) and Health with Kelley Inc. By using the Site, you acknowledge and agree that you have fully read and agree to be bound by the provisions of these Terms of Use, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by these Terms of Use in their entirety, then you must immediately stop using the Site.

1. Registration
For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information, and to keep this information up to date. You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure.

2. Eligibility
You represent and warrant that you: a) have not previously been suspended or removed from the Site; b) do not have more than one account at any given time; and c) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

3. Privacy Statement
Your use of this Site signifies your continuing consent to the Privacy Policy, which you can examine any time by clicking on the Privacy Policy on the Site. Personal information that you supply, and any information about your use of the Site that we obtain will be subject to the Privacy Statement on this Site.

4. Changes 
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: (a) restrict, suspend or terminate your access to all or any part of the Site; (b) change, suspend or discontinue all or any part of the Service; (c) refuse, move, or remove any content that is available on the Site; (d) modify the pricing of features or services (except users subject to separate pricing agreements where changes will be in accordance with the terms therein); (e) deactivate or delete your accounts and all related information and files in your account; and (f) establish general practices and limits concerning use of the Service. You agree that we will not be liable to you or any third party for taking any of these actions.

5. Proper Use of This Site
You may use the Site for lawful purposes only and may use the Site only in ways consistent with the law. You may not use any program, spider or "bot" to gather or "harvest" information from this Site. You may not engage in any activity that interferes with or disrupts (in our sole discretion) the Services or the servers and networks which are connected to the Services, or access (or attempt to access) any of the Services by any means other than through the interface that is provided. You agree to not use other users’ accounts and to not let others use your account.

6. Proprietary Rights
Health with Kelley Inc and its suppliers reserve all rights under intellectual property law and in any content that is on the Site. Except as expressly stated in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Health with Kelley Inc or its suppliers on the Site without our express prior written consent.

7. Changes to the Terms of Use
We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s "Terms of Use" page. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

8. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning the Site electronically, including notice to any email address that you may provide.

9. Fees and Payments
You may elect to subscribe to a premium plan or consume premium services. All premium plans and services require that you provide a valid credit card. Subscriptions are billed at the beginning of the subscription period and are non-refundable. Other premium services and usage fees will be billed at the end of the billing period or upon hitting a monetary threshold, at our discretion, and will charged to your credit card automatically. You agree to pay all charges (including applicable taxes) incurred in connection with your account at the rates in effect when the charges were incurred. You must notify us within 45 days if you wish to dispute any charges.

Your subscription to a premium plan will be automatically renewed at the end of each period until we terminate it or you notify us that you wish to terminate access. We may change the subscription fees and usage and services charges in effect, or add new fees or charges, by giving you notice in advance.

10. Credit Card Authorizations
When you sign up for a paid subscription or occasionally thereafter, a small pre-authorization charge is made on your credit or debit card for a specific amount used to ensure your card is valid. We void that charge immediately when it's made so you are never actually charged. Pre-authorization funds can take up to 10 days to be released by your bank.

11. User Provided and 3rd Party Content
You agree that we are not liable for content that is provided by others. We reserve the right to remove any content for any reason at any time, though this right shall not place an obligation on us to monitor the Site and our services.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. We do not control the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

12. Third Party Sites and Advertisers
Health with Kelley Inc may include on the Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Health with Kelley Inc is not responsible for any claim or loss due to a third party site or any advertiser.

13. No Legal Advice
The Site and all Content are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in the Content or the Site should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of Content from the Site should act or refrain from acting on the basis of any Content included in, or accessible through, the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

14. Disclaimer of Warranties
We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

15. Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

16. Indemnification
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

17. International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

28. Choice of Law and Location for Resolving Disputes
You agree that the laws of the state of Florida, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Florida, USA in the county of Miami-Dade, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

19. Binding Arbitration
You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Kelley Ann Inc may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

20. Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

21. Termination
We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

22. Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please contact support to report the possible copyright infringement.