Terms of Use
Revised September 29, 2008
These Terms of Use, along with our Privacy Policy located on our website govern your use of the websites (the “Website(s)”) of Beautifull, Inc. (“Real Good,” “we,” or “us”). PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OR REGISTRATION WITH OUR WEBSITE CAREFULLY.
By registering for or using the Website, you agree to these Terms of Use and the Beautifull Privacy Policy (please read our Privacy Policy by clicking on the Privacy Policy link at the bottom of any page of our Website). Each time you use the Website, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Website. You cannot register or use the Website until you have accepted these Terms of Use.
Beautifull may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Website. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Website.
Some of the content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website.
The Beautifull Website provides nutrition information and is designed only to enable consumers to purchase healthy food and meal programs. Please be advised that no statement regarding Beautifull's products or services has been evaluated by the Food and Drug Administration or any medical or regulatory authority. Beautifull is not a medical organization and you should not rely on our Website or our staff for medical advice or diagnosis. Beautifull's products and services are purely informational and are not intended to diagnose, treat, cure or prevent any diseases, specific health problems or medical conditions. Beautifull's products or services are not intended as a substitute for medical care from a qualified medical practitioner. You are advised to regularly consult with your medical practitioner on any and all matters pertaining to physical and/or mental health including, without limitation, any symptoms which may require medical diagnosis or attention.
When you sign up to use the Website and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Beautifull for losses incurred by Beautifull or another party due to someone else using your account or password as a result of your failure to use reasonable care to safeguard your account. No representative of Beautifull will ever ask you for your password, nor does any representative of Beautifull have the ability to “look up” or otherwise determine your password. If you forget your password, your only remedy is to “reset” your password by following the instructions provided on the Beautifull website.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. Beautifull reserves the right to investigate and take appropriate legal action against anyone who, in Beautifull’s sole discretion, engages in any of the prohibited activities. Prohibited activities include—but are not limited to—the following:
- Using the Website for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Beautifull in its sole discretion or pursuant to local community standards. Beautifull takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”;
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of Beautifull, exposes Beautifull or any of its customers or suppliers to any liability or detriment of any type.
Beautifull reserves the right—but is not obligated—to do any or all of the following:
- Record the dialogue or content posted on any pages of the Website;
- Investigate an allegation that anything posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
- Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
- Terminate a user’s access to the Website upon any breach of these Terms of Use;
- Monitor, edit, or disclose any posting on the Website; and
- Edit or delete any communications posted on the Website, regardless of whether such communications violate these standards.
The Website contains various pages where you and other members may post content. You may only post content to the Website that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms of Use. By posting or distributing content to the Website, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Website and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
By submitting or posting content to the Website, you grant Beautifull, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to the Website, Beautifull does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Beautifull owns all right, title, and interest in any compilation, collective work or other derivative work created by Beautifull using or incorporating content posted to the Website.
You should carefully choose the information you post on the Website. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.
Beautifull is not responsible for, and does not endorse, content in any posting made by other users on the Website. You are solely responsible for your reliance on anything posted by another member on the Website. Under no circumstances shall Beautifull be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact Beautifull Customer Service at
customersatisfaction@beautifull.com.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any diet or exercise advice posted by any member on the Website.
These Terms of Use apply only to Websites operated by Beautifull, and not to the websites of any other person or entity. Our Website may provide links to other websites or resources. We are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on such websites or resources. Under no circumstances will Beautifull be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). Please direct any concerns with respect to any other website to that website's administrator or webmaster.
The entire contents of the Website are copyrighted as a collective work under the laws of United States and other copyright laws. Beautifull holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Website solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Website.
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Beautifull, Inc., 1285 66th Street, Suite 100, Emeryville, CA 94608, ATTN: Copyright Policy Administrator or by e-mail to customersatisfaction@beautifull.com, and for spam filtering purposes please include “COPYRIGHT NOTICE” in ALL CAPS in the subject line of your email.
IIn an effort to protect the rights of copyright owners, Beautifull maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and/or your use of the Website resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
The Website and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, BEAUTIFULL, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Beautifull makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Website. Beautifull cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Beautifull cannot and does not guarantee or warrant that files available for downloading from this Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Beautifull cannot and does not guarantee or warrant that any content you post on the Website will remain on the Website. Beautifull does not warrant or guarantee that the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR STAFF OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS of USE.
BEAUTIFULL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BEAUTIFULL IS TO DISCONTINUE YOUR USE OF THE SITE. BEAUTIFULL AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BEAUTIFULL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, BEAUTIFULL'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Beautifull, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website or violation of these Terms of Use or any claims, including claims of infringement related to any content or information posted or provided to the Website.
Beautifull has the right to terminate your account and access to the Website for any reason, including, without limitation, if Beautifull, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use (either directly or through breach of any other terms and conditions or operating rules applicable to you). Beautifull may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website.
Beautifull may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record in your Beautifull account. You may give notice to Beautifull at any time via electronic mail to notices@beautifull.com, and for spam filtering purposes please include “NOTICE” in ALL CAPS in the subject line of your email, or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Beautifull, Inc., 1285 66th Street, Suite 100, Emeryville, CA 94608, Attn: Chief Financial Officer.