Membership Terms of Service

Effective June 1, 2023 

These Membership Terms of Service (“Membership Terms”) constitute an agreement between you, as a registered user (“Member”, “you”, or “your”) and Healthiest Media, LLC and its affiliates, successors and assigns (“Healthiest Media”, “us”, “our”, or “we”) regarding your access to certain premium features or upload content that we provide in exchange for a one-time or recurring fee, as applicable (the “Member Services”). Your transactions and any other use of the Member Services are subject to these Healthiest Media Membership Terms of Service (“Membership Terms of Service”). By using a Member Service, you agree to (1) these Membership Terms of Service; and (2) Healthiest Media’s Terms of Service and Privacy Policy, and all other terms and conditions that generally apply to the Healthiest Media website (all these together are the “Terms”). Please read the Terms carefully. If you don’t understand them, or don’t accept any part of them, then you’re not allowed to use the Member Services. 

User Content on the Services 

The primary objective of Healthiest Media is to publish and promote content authored by local health and wellness professionals.  We encourage you to make frequent posts and utilize this valuable resource to your utmost advantage.

Any article or post submitted by you through the Services shall be referred to as “User Content.” 

All User Content associated with your business will be accessible on the designated Community Page(s) you assigned to your business during the setup process.  For instance, if your business is based in Charleston, SC, your Profile Page and all User Content will only be displayed on the Charleston Community Page. 

If you have purchased Services that include the inclusion of your User Content in our emailed newsletters, Healthiest Media retains the sole and absolute discretion to determine which User Content will be included in a Newsletter as well as the date of inclusion in a Newsletter. Healthiest Media is solely responsible for adhering to the contractual terms for promoting the User Content you have purchased.  While we may seek your input regarding the specific User Content selection or the date of the specific Newsletter in which to include your User Content, though it is not mandatory, we will make our best efforts to do so.  Please note that we are not required to obtain your permission to include any article you post in one of our Newsletters, or to include your User Content or modifications or derivatives (each defined below) of it in our social media posts.

Healthiest Media may review your conduct and content for compliance with these Terms and our Rules and reserves the right to remove any violating content. 

Healthiest Media reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices by sending an email to legal@healthiestmedia.com.

Rights and Ownership 

You retain your rights to any content you submit, post or display on or through the Member Services.

Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Member Services, you grant Healthiest Media a nonexclusive, royalty-free, worldwide, fully paid, sublicensable (through multiple tiers), irrevocable, perpetual and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Member Services.

Healthiest Media needs this license because you own your content and Healthiest Media therefore can’t display it across its various surfaces (i.e., mobile, web) without your permission. 

This type of license also is needed to distribute your content across our Member Services. For example, you post an article on Healthiest Media. It may be reproduced as versions on our website, and distributed to multiple places within Healthiest Media, such in our emailed newsletters. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A modification might also be that we correct grammar or typos in a sentence, phrase or title article or make minor modifications to the same that in our sole judgement improve the readability, understandability or SEO ranking of the article. A derivative work might be a list of top authors or quotes on Healthiest Media that uses portions of your content, again with full attribution. This license applies to our Member Services only and does not grant us any permissions outside of our Member Services.

So long as you comply with these Terms, Healthiest Media gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Member Services. 

The Member Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Member Services, other users’ content on the Member Services, or Healthiest Media trademarks, logos or other brand features. 

Separate and apart from the content you submit, post or display on our Member Services, we welcome feedback, including any comments, ideas and suggestions you have about our Member Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as nonconfidential.

We may stop providing the Member Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.

Fees

Fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course the of transaction. Your subscription begins upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)

 

Payment

Healthiest Media accepts payment via the current payment method indicated at time of purchase, which may include credit card, Apple Pay, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with Healthiest Media, Apple, Stripe, Google, PayPal or another third party, that governs your use of a given payment processing method. Prices for Member Services may change at any time, and Healthiest Media does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order (except during a free trial period). Healthiest Media will charge your credit card or other form of payment for the price listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that Healthiest Media will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, Healthiest Media reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Healthiest Media may cancel your subscription.

 

Taxes 

If Healthiest Media is required to collect or pay any taxes in connection with your purchase of Member Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Member Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase. 

Cancellations and Refunds 

You can cancel your Member Services at any time. If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by Healthiest Media. You will retain access to the Member Services from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by the Healthiest Media. If Healthiest Media reasonably determines that a user has violated these Membership Terms of Services, Healthiest Media may immediately terminate the subscription and the user’s access to Member Services without notice and without refund. 

Free Trials  

Healthiest Media may offer free trials to new Member Service subscribers. If you initiate a subscription to Member Services through a free trial offer, you will receive free access to such Member Services for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period. 

Restrictions 

When you use the Member Services, you may not (or attempt to): 

Changes or Discontinuation of Member Services 

Healthiest Media reserves the right to change the availability of Member Services. In addition, we reserve the right to modify, suspend, or discontinue any Member Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination. 

Removal or Unavailability of Content 

In certain cases, content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. Healthiest Media will have no liability to you for any such unavailability. 

Changes to the Membership Terms of Service 

We may change these Membership Terms of Service from time to time so we encourage you to periodically review the most up-to-date version.  If you refuse to accept the updated Membership Terms of Service then Healthiest Media reserves its right to discontinue your use of the Member Services. 

Communications 

By using the Member Services, you consent to receiving communications from us including marketing communications such as newsletters about Healthiest Media features and content, special offers, promotional announcements, and customer surveys, to your registered email address or via other methods. If you no longer want to receive such communications, simply go to the “Settings” tab in your account page (https://Healthiest Media.com/me/settings) to manage your Healthiest Media communications. Please review our Privacy Policy for further details. 

Other Terms 

The Member Services are being provided by Healthiest Media LLC. You can reach us by mail at: 

Healthiest Media
2 North Road, Suite 1 

Warren, NJ 07059 

Or at help@healthiestmedia.com. 

If you have questions or feedback about Member Services, please submit a request at the above Help Desk email. 

You agree that you are solely responsible for (and that Healthiest Media has no responsibility to you for) your use of any Member Service, any breach of your obligations under the Membership Terms of Service, and for the consequences (including loss or damage of any kind which Healthiest Media may suffer) of any such breach. 

You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to Healthiest Media. 

You acknowledge that your online acceptance of these or any other terms constitute a binding agreement between you and Healthiest Media and signify your intent to be bound to such online acceptances. Subject to applicable laws, in no event will Healthiest Media’s liability for any and all causes of action brought by you or any agent of yours arising from or related to the services exceed the payments actually received and retained by Healthiest Media from you for the Member Services. 

Unless not permitted by applicable law, you acknowledge and agree that that these Membership Terms of Service, your transaction for the Member Services, and your relationship with Healthiest Media under these Membership Terms of Service shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the Healthiest Media Services, including the Member Services, will be decided exclusively by a court of competent jurisdiction located in Somerset County, New Jersey, U.S.A.