1. AGREEMENT TO TERMS

1.1 These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Superhero Digital Marketing, LLC, 1015 16 th Ave N Ext, Surfside Beach, SC 29575 (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://healthymediterraneandiet.club/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

1.2 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

1.3 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.4 To use the Site, you must be 18 years old (or the age of majority in your country giving the right to conclude independent contracts – if this age in your country is more or less than 18 years).

1.5 Persons under the age of 18 or the age of majority allowing concluding separate contracts (“Minors”) are prohibited from using the Site.

1.6 Should we become aware of data received from minors, they will be deleted as soon as possible; https://healthymediterraneandiet.club/ is not responsible for any damage caused by incorrect data provided by the user.

1.7 If you have information about the data posted on the Site by minors, contact us by e-mail info@healthymediterraneandiet.club. You are responsible for the accuracy and completeness of the data provided by you (including age) on the Site.

THE CLIENT IS OBLIGED TO CAREFULLY READ THESE T&CS BEFORE ACCEPTING THEM AND USING THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT HIS/HER USE OF THE SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.

2. USER REPRESENTATIONS

2.1 By using the Site, you represent and warrant that:

(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal or unauthorized purpose; and
(7) your use of the Site will not violate any applicable law or regulation.

2.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

3. USER REGISTRATION

3.1 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3.2 The Customer has to provide certain information through the website before receiving the purchase of the service, having chosen the options provided or having entered the requested data. The Customer is obliged to provide relevant, correct and comprehensive information that is required to be provided on the Site.

3.3 The Customer makes a purchase of a service as soon as he / she ticks “I agree to the terms”. After the Customer agrees with the Terms, he/ she will need to click the “Next” button.

3.4 After the Customer accepts the agreement in electronic form, the Company will confirm the receipt of the proposal in electronic form. The Company will send the Customer an individual nutrition plan based on the created diet. Such meal plan will be sent to the Customer’s email address indicated by the Customer on the Site.

3.5 The Client agrees with the following:
– pay all additional costs, fees, duties, applicable taxes and other fees that may be incurred by the Client;
– purchase Services using a valid credit card or other authorized form of payment;
– provide the Company with relevant, correct and complete information as indicated on the purchase order form. If the Company discovers or believes that any information provided by the Client is not relevant, inaccurate or incomplete, the Company reserves the right to suspend the Service activity at its discretion, and the Client loses any right to refund the amount paid.

3.6 Online payments made by the Client with a credit or debit card of the Company shall be processed by a third-party payment provider, and no confidential data related to your payment will be stored or used by the Website and / or for Services. The Company shall not be responsible for any payment issues or other disputes that arise due to third-party payment services. The Company may change the third-party payment provider from time to time.

4. SERVICE

4.1 The service offered by the site is generating an individual diet. The latter is produced by special software through a specially created algorithm as per customer responses that are analyzed and a food and / or training mode is generated. Everything received from the company, will be delivered to the provided email address.

4.2 Diet subscription plan. You may be given the opportunity to purchase our meal plan for a different period of time which would give you access to your diet for the respective number of months that you have chosen. Due to different promotions the final price of those extended options would be shown on the final step before you finalize the purchase. The company keeps their right to change the final price on their own discretion.

4.3 Cancellation of subscription plan. You can cancel the subscription of your meal plan at any time by simply writing to our customer support through the contact form at https://healthymediterraneandiet.club/contacts. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you terminate your paid subscription, it will remain active until the end of the paid period.

4.4 Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.

4.5 Authorization of the payment will be needed only for the first charge. In case you subscribe to any of our subscription plans, the payment transaction will be made automatically on the date of the time period you chose to subscribe for.

5. RIGHT OF WITHDRAWAL FROM CONTRACT

5.1 The client has the right to withdraw from the contract within 14 days under the Law on Consumer Protection namely:

5.2 If the trader has not provided the client with the information on the right of withdrawal before signing the contract.

5.3 The right of withdrawal allows the client to return the purchased goods without compensation or penalty and whether the provided product or service is delivered properly.

5.4 Within 14 days of withdrawal the trader should reimburse all payments received from the consumer, including delivery costs.

5.5 If the purchase was not downloadable and non-refundable.

5.6 The client agrees to lose the right of withdrawal 14 days after the registration on the website.

6. GUARANTEES

6.1 The Site team and The Company are not responsible for late or rough handling requests, if this is due to circumstances that do not depend on us – force majeure, chance events and problems with the Internet.

6.2 The site is not responsible for damages caused to the software, hardware or telecommunications equipment or loss of data arising from materials or resources searched, loaded or used in any manner via the Site.

6.3 The Site is not responsible for whether the customer will achieve a specific result by using the provided diet as far as this circumstance depends on many more factors that are beyond the control of the Site team.

6.4 The Company is committed to protecting the security of your personal data. We use technical and organizational measures to protect your personal information from unauthorized access, theft and loss.

7. MEDICAL DISCLAIMER

7.1 BEFORE TRYING MEAL PLAN AND/OR GOODS BY THE COMPANY, THE CLIENT HEALTH SHOULD BE EVALUATED BY HIS/HER HEALTHCARE SERVICE PROVIDER OR HE/SHE SHOULD CONSULT WITH HEALTHCARE SERVICE PROVIDER.

7.2 The Company clearly state that it is not a medical organization and cannot give the Client any medical advice or assistance. Nothing within Services by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The Client is solely responsible for evaluating and assessing his own health. The Company encourage the Client to seek appropriate medical advice or assistance before using Company`s Services.

7.3 The Site can not be used by people who have health or nutritional problems.

7.4 ​​The Site can not be used by people who have adverse health, health issues or people who have a problem with diets.

7.5 The content located on the site is for information only and is not intended to replace the contact to your doctor or another healthcare professional.

7.6 We are not a licensed medical entity to provide medical care and do not have the necessary education to determine diagnoses, analysis, or treat medical problems of any kind, even if we have a qualified team with the necessary knowledge and skills, respectively we can not predict the effect of a diet on a person with a problematic health or the occurrence of any side effects in humans with good health.

7.7 The Clients shall always consult a doctor before starting a diet, fitness program, changing current diet or if there are any questions relating to your health.

7.8 The Client is obliged to observe professional medical advice and not to delay seeking such because of information obtained from the Site. healthymediterraneandiet.club requires you to consult a doctor before starting an individual diet and / or exercise program and / or diet that you received as a result of information available on the Site.

7.9 The Client declares that he/she is aware that not all diets and workouts on the website are appropriate for each individual.

7.10 The Client declares that he/she is aware that, when included in a training program or by following an individual or other diet, the risk of physical injury, impaired health and / or death is possible.

7.11 The Client declares that upon any discomfort, pain or other problems, he/she shall immediately stop the diet and if he/she does not stop it, the Site is not responsible therefore for his/her action or inaction.

7.12 By using this Site you certify that you have received your doctor’s approval to join weight loss programs through individual diet, workouts and exercises found on the site.

7.13 The site is not responsible for any health problems that can be obtained from the use of a diet that you received through the services provided by the Site.

7.14 If you start to follow an individual diet provided by the Site, you agree that you do so at your own risk.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other proprietary rights in or related to the Services and Services-related content are owned by the Company.

8.2 The Client is forbidden to reproduce, publish Services including but not limited to Digital content supplied and/or provided by the Company in whole or in part without Company`s prior written consent.

8.3 The Client hereby grants to the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty‑free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights he/she may have in any User Content. “User Content” means any User Trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that the Client uploads, transmits or submits through the Services, or that other users upload or transmit. By uploading, transmitting or submitting any User Content, the Client affirms, represents and warrants that such User Content and its uploading, transmission or submission is

(a) accurate and not confidential;
(b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that the Client has permission from any third party whose personal information or intellectual property is comprised or embodied in the User Content; and
(c) free of viruses, adware, spyware, worms or other malicious code.

8.4 No part of these T&Cs can be interpreted as a transfer of intellectual property rights in relation to the Services or Services-related content, except as expressly set forth in Section 8.1 below.

9. PRIVACY POLICY

9.1 We care about data privacy and security. Please review our Privacy Policy: https://healthymediterraneandiet.club/data-protection-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

9.2 Please be advised the Site is hosted in the United States.

9.3 If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

10. THIRD-PARTY WEBSITE AND CONTENT

10.1 The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third- Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

10.2 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

10.3 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third- Party Content or any contact with Third-Party Websites.

11. MISCELLANEOUS

11.1. No person other than the Client shall have any rights under these T&Cs.

11.2. Client may not assign any rights under the Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under the Agreement in full or in part to any third party.

11.3. Any dispute under these T&Cs or otherwise in connection with the Services shall be brought to the courts of The United States, except where prohibited by the applicable laws.

11.4. If any part of these T&Cs is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the T&Cs, which shall continue to be valid and enforceable to the fullest extent permitted by law.

11.5 We are not liable for the accuracy, reliability, results and proper use of information obtained through the Site. Using information provided by employees of the the Company, and other people associated with the Site (associates) or visitors, is entirely your own risk.

11.6 We reserve the right at all times to disclose information that is essential for the criminal prosecution and / or to resolve a legal dispute.

12. CONTACT US

In general, the Company prefers e-mail communication. By accepting this Agreement, the Client accepts the e-mail communication. For this purpose, the Client is kindly requested to have a valid e-mail address and provide it when filling in the necessary information. The Client should regularly and frequently check his / her e-mail. E-mails may contain links to additional information and documents on the web-site. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@thehealthymediterranean.com