Doable Wellness Terms and Conditions
Effective date February 1st, 2022
This is a legally binding agreement (“Agreement”) between you and Doable Wellness, a DBA of Delicious Family Dinners, LLC (“Doable Wellness”), governed by the laws of the state of Utah. By using Doable Wellness’s meal planning, exercise, eating tracking and body scan services, websites, mobile application (the “App”), email list subscriptions, social media platforms, and other features (collectively its “Products and Services”), you agree to be bound by this Agreement.
Doable Wellness’s Rights
Doable Wellness reserves the right to make any changes to any of its Products and Services at any time. By using its Products and Services, you are agreeing to any changes posted on its website or App at that time.
Any Doable Wellness owned content found on its Products and Services including pictures, graphics, videos, data, use information, text and scripts are property of Doable Wellness. Branding collateral such as trademarks, logos, service marks associated with our Products and services are the property of The Doable Wellness, whether identified with copyright or trademark designations or not. Any use of Doable Wellness content without its express written permission is prohibited. You understand that myfitnesspal is not affiliated with Doable Wellness aside from being a recommended food tracking site that we encourage users to utilize for the purpose of improving their healthy. HasFIT is also not affiliated with Doable Wellness rather we have found this company to be a powerful product for at home workouts and to help you accomplish your work out goals.
Doable Wellness reserves the right to contact you via email and other forms of electronic communication. Any electronic transmission of messaging will be considered as if done in writing and be legally binding on both parties.
Doable Wellness reserves the right to update this Agreement in its sole discretion and will promptly notify you of any changes.
You subscribe to our Products and Services when you voluntarily create your own account by creating a username and password regardless of whether you are personally charged money or not. As such, you are granted a limited use license for Doable Wellness’s Products and Services. This entitles you to access Doable Wellness’s Products and Services solely for the purpose of using the Products and Services as intended. Doable Wellness reserves the right to terminate the license at any time. The use or implementation of crawlers, data miners, scraping of Products and Services, bots, or any other automated or non-automated means to collect data from any Products and Services is strictly prohibited. This goes for both subscribers and non-subscribers of Doable Wellness’s Products and Services.
You represent by agreeing to these terms that you are 18 years or older.
When establishing your account, you will set up a username and password to authenticate yourself and to ensure you have agreed to these terms and conditions. Use of another person’s name with the intent to impersonate them and mis-represent who you are is prohibited. Inappropriate username or passwords (including but not limited to crude or vulgar) may result in the cancellation of your subscription.
Doable Wellness takes its responsibility to secure your personal information very seriously. However, it is your responsibility to keep your username and password secure. If you find that your personal information has been leaked in a breach related to any Doable Wellness Products and Services, please contact us at firstname.lastname@example.org immediately.
By submitting recipes, photographs, ratings or reviews, you grant Doable Wellness an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish and distribute such materials in any manner existing now or to be developed in the future without compensation of any kind to you or any third party. This includes any social media posts including the hashtag #Doable Wellness or #DoableWellness with the intent to notify Doable Wellness that you are posting or sharing a picture or text about your experience with Doable Wellness.
Doable Wellness reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.
Doable Wellness does not allow submitted items that contain:
- Copyrighted materials for which the person submitting does not have the authority to provide a release of the Copyright;
- Any content that infringes on intellectual property rights of a third party;
- Obscene, profane, or pornographic content; and
- Personal attacks on others such as slanderous, defamatory, threatening or harassing content.
Doable Wellness may monitor content submitted, but it cannot be responsible for the submissions of third parties. If you see something that you believe violates these Terms or spirit of our Products and Services, please contact Doable Wellness at email@example.com
Doable Wellness’s Products and Services are provided on an ‘as is’ basis without warranties of any kind, whether explicit or implied. Use its Products and Services at your own risk. Doable Wellness makes no representation or warranty that any content within its Products and Services is accurate, complete, reliable or error-free. Doable Wellness does not represent that its Products and Services are suitable for a particular use by you or one of your family members.
Although Doable Wellness strives to be safe and secure, it does not warrant that its Products and Services, servers, or emails are free from viruses or any other harmful components.
Our partners secure your personal information through many means including penetration testing and high-level encryption to ensure your data is protected from intrusions. Doable Wellness does not store any credit card information. The data including but not limited to login and pws to your Doable Wellness account do not necessitate any credit monitoring services deployed on our behalf for you in the case of a breech. Doable Wellness will not be liable for the loss resulting from any such malicious data breech. Your only recourse for such an event is to cancel your Doable Wellness account.
Doable Wellness will not be liable for any damages that we cause unintentionally and it will not be liable to you for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. You use Doable Wellness’s Products and Services at your own risk and agree to indemnify and hold harmless Doable Wellness from any liability or loss that you or any other person affiliated with you may incur from your or their use, or non-use, thereof. Doable Wellness does not assume liability to you or any other party for any loss or damages caused by use of or reliance on its Products and Services, including but not limited to loss of revenue, loss of actual or anticipated profits, loss of the use of money, loss of anticipated savings, or loss or corruption of, or damage to, data, systems or programs, accident, misapplication of information, delay, injury, disease and/or death. You, together with your heirs, agents, representatives and predecessors and successors in interest, hereby agree to fully and completely indemnify, hold harmless and release Doable Wellness from any and all claims you have or may have against Doable Wellness, including, without limitation, debts, demands, damages, causes of action, suits, liabilities, levies, executions and/or judgments because of, arising out of, or in any way connected with, your use of Doable Wellness’s Products and Services, other than claims arising from a breach of this Agreement. These releases and obligations will survive this Agreement and your use of the Products and Services.
This Agreement, your use of our Products and Services, and any dispute that might arise between you and Doable Wellness is governed by the law of the State of Utah.
If a dispute arises between you and Doable Wellness, its goal is to provide you a neutral and cost-effective way to resolve the dispute quickly. You agree to first contact the Doable Wellness Customer Success team by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Doable Wellness agree to attempt to resolve the dispute through binding arbitration. The parties agree, however, that either party may bring immediate suit in court to enjoin infringement or other misuse of intellectual property rights.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Doable Wellness at 16 South 100 West, PO Box #26, Brigham City, UT 84302. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org.
Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision will survive termination of this Agreement and the termination of your Doable Wellness account.
You and Doable Wellness agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative, action. Unless the parties agree otherwise, in an arbitration action the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Any legal action brought subject to this Agreement shall be brought in the Third District Court, in and for Salt Lake County, State of Utah, Salt Lake City Division. The parties shall bear their own costs in alternative dispute resolution, but the prevailing party in any litigation shall be awarded his or her attorney fees and costs. The parties each waive any right to a jury trial.
Doable Wellness reserves the right to assign or transfer its rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without Doable Wellness’s written consent, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. Doable Wellness can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable.
Any intentional or unintentional waiver or failure by Doable Wellness to enforce any aspect of this Agreement does not constitute a complete waiver of any part of this Agreement, and will not affect our right to require performance at any subsequent time. The entire Agreement remains in effect.
This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on our website and/or transmitted to you by either electronic or physical means, will constitute the complete understanding and agreement between you and The Doable Wellness, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Doable Wellness.
Doable Wellness respects the intellectual property rights of others and requires that users of our Products and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should you have a copyright complaint, please contact our Customer Success team.