TERMS & CONDITIONS
Thank you for visiting https://www.abendhealth.com and the various services contained therein (collectively referred to as the “site”). The site is owned and operated by ERNIT Lifestyle LLC d/b/a AbendHealth, a New Jersey (USA) limited liability company (referred to herein as “AbendHealth,” “us,” “our,” or “we”). The site is made available to you for information purposes. The following information describes the Terms and Conditions for the use of the site. If you do not agree with all of the following Terms and Conditions, you may not use the site and must exit the site now. You agree that your further use of this site, purchasing any products or services from us, and using any AbendHealth services that may now or hereafter be offered, constitutes your acceptance of the following Terms and Conditions.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS SITE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE SITE FOR ANY REASON. OUR POLICY IS THAT WE DO NOT KNOWINGLY COLLECT, USE OR DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION ABOUT VISITORS WHO ARE UNDER EIGHTEEN (18) YEARS OF AGE.
1. GENERAL USE OF THIS SITE:
Unless otherwise expressly specified or permitted by a duly authorized officer of AbendHealth, this website is provided for your personal and non-commercial use only. Provided you do not modify or delete any Intellectual Property (as this term is defined below) or other information or notices, users may download material from this website for their own personal, non-commercial use only. Any other copying, modifying, redistributing, reproducing, transmitting, creating derivative works from, using Intellectual Property from, or selling any information, products or services obtained from this website in any manner is strictly prohibited. Please be advised that AbendHealth will aggressively pursue any violation of this policy in order to protect its valuable intellectual property rights, including but not limited to its brand.
The contents of this site may from time to time contain documents, images, information, media and other materials not proprietary to AbendHealth, such as photographs, artwork, articles, clips, other text or audiovisual elements, and the names, trade names, trademarks, logos, trade styles or designations of third parties which have been published in newspapers, magazines or other media or venues, and may include the name, trade name or trademark of the medium or venue in which such materials were published or displayed. Any use thereof whatsoever is strictly prohibited, unless the prior written permission of the appropriate third party has been secured. AbendHealth has no editorial control of such third party content and does not guarantee the accuracy, completeness or usefulness of any such content nor its merchantability or fitness for any particular purpose.
In order to access some of the services on this site, you may be required to procure a separate account and password that can be obtained by completing an online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
2. AGREEMENT AND ACKNOWLEDGEMENT:
a. User Agreement. By using the site and/or the services provided therein (“Services”), you accept these Terms & Conditions and agree to be legally bound by them as if you had signed them.
b. Changes to Terms & Conditions. We reserve the right, in our sole discretion, to change, modify, supplement or remove portions of these Terms & Conditions at any time without notice to you. Such additional terms shall be effective immediately. Any such changes will be made on this page or otherwise published on the site. You acknowledge and agree that it is your responsibility to review this site and the Terms & Conditions periodically and to be aware of any modifications. You will also be deemed to have agreed to such additional terms by your decision to continue accessing the site or otherwise using any of the Services following the date in which such Additional Terms become effective.
c. Modification of Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services, and (iv) changing any feature or functionality provided by or through the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.
We may provide summary statistics about our customers’ interests and preferences, products sold, traffic patterns, and related site information to a third party, in order to enhance the design of our site and to customize new product and service offerings to our customers. We do not sell, trade, or rent your Personally Identifiable Information to others (except where required by law). However, we do provide some of our products and services through contractual arrangements with affiliates, services providers, and other third parties. We and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services. For example, in the normal course of business, AbendHealth will share information provided by you with WIX, Calendy, and other third party vendors. We may also share your information with third parties that help us provide customer service. Any use of your Personally Identifiable Information by third parties is governed by those individuals or entities and their own privacy policies and terms of service, if any, and any such use is not subject to our control; accordingly, we strongly recommend that you review the policies of these vendors before proceeding any further with AbendHealth’s website or any transactions associated herewith. As examples only, please see the following pages for further details:
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.
4. WEB SITE SECURITY WARNING:
Violation of security rules may result in criminal or civil liability and prosecution. AbendHealth routinely investigates and will refer to the proper authorities any occurrence that may constitute any such violation, and cooperates fully with law enforcement agencies in ensuring the prosecution of violators. This list of security violations is by way of example only and is by no means intended to be exhaustive: gaining access to data without proper authorization; logging onto a server, account, area of the site without proper authorization; scanning, probing or testing for vulnerability of the site’s system or attempting to do so, and attempting to breach the security of the site, without proper authorization; attempting to interfere with the functionality or features of the site or its systems by introducing viruses, overloading, flooding, mail-bombing, or crashing; and sending unsolicited promotional e-mail messages.
5. NOTE TO SOCIAL MEDIA USERS:
http://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibilities);
http://www.linkedin.com/legal/user-agreement?trk=hb_ft_userag (LinkedIn’s User’s Agreement);
https://twitter.com/tos (Twitter’s Terms of Service); and
http://www.google.com/intl/en/policies/terms (Google’s Terms of Service)
All references herein to AbendHealth, www.AbendHealth.com, and this site shall be deemed to include both our site and any and all social media pages maintained from time-to-time by us and our affiliates.
We do not permit individuals under 18 years of age to become registered users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into and comply with these Terms & Conditions.
Due to the physiological sensitivity that occurs with pregnancy and our inability to provide collaborative care with physicians and other medical professionals, individuals who are pregnant are not permitted to use our Services.
We further reserve the right to refuse providing Services to any individual if, in our sole discretion, we determine that the provision of Services would be unsafe.
AbendHealth offers multiple subscription levels at different prices, including the Monthly Plan, 3 Month Plan, 6 Month Plan, 12 Month Plan, and Maintenance Plan. (Plan offerings may change over time.)
Users will be using their own phone to talk with coach via text, phone call, video call (Apple FaceTime, Google Duo, Skype, etc.). Therefore, carrier and other personal charges may apply, such as mobile data charges, roaming charges, etc.
Our Services consist of multiple virtual coaching membership options with differing functionality based on the membership level.
You are responsible for all charges and fees associated with connecting to and using the Website, Apple FaceTime, Google Duo, or other telephonic or video-based call application, including, without limitation, all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website, Apple FaceTime, Google Duo, or other telephonic or video-based call applications.
8. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES:
User pays for subscription plan through our website. Currently, payments are processed through Wix Payment, but payment processing vendors may change over time.
If you are a subscriber to our Coaching Services, you further agree as follows:
a. Agreement to Pay. You will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods and recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Services may also apply.
b. Auto-Renewal. Your subscription fees are auto-renewed monthly through Wix Payment, Paypal, or such other payment processing vendor (together, “Payment Vendors”) as we may make available on the site. If your credit or debit account has been closed or your payment method is otherwise rejected or invalid, your subscription may not renew and your subscription may be terminated automatically, in our sole discretion. If we terminate your subscription, you shall remain liable for any and all outstanding fees owed to us, including but not limited to (i) additional fees charged by our Payment Vendor resulting from our or their collection efforts, (ii) any additional fees incurred by us resulting from our collections efforts, and (iii) reasonable attorneys’ fees incurred by us resulting from our collection efforts.
c. Cancellation of Coaching Subscription. New members who sign up for the "Monthly Plan" cannot cancel or change their plan until their 3 month commitment is up. After the 3 months is up, members can cancel their subscription at any time by contacting their coach directly. Members who sign up for any of the "Commitment" Plans (3 month/6 month/12 month) cannot cancel or change their plan until the plan completes. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. However, the monthly fee cannot be refunded once it is processed; only future payment plans can be cancelled.
d. No Refund Policy. All fees and charges assessed by AbendHealth are non-refundable.
e. Modifications. We reserve the right to revise the terms of the fees charged, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the site and/or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all subscriptions created or renewed after the date such change was implemented.
f. Use It Or Lose It Policy. Coaching sessions do not accumulate or “roll over” into subsequent months. If you do not use your allotted coaching sessions in a particular payment period, the unused sessions are forfeited and you will not be reimbursed or credited.
9. ONLINE PAYMENTS & DISCLAIMER REGARDING THIRD PARTIES:
Payments for the Services are processed by our designated Payment Vendors. In order to use and pay for our Services, you may be required to enter into additional terms and conditions with our Payment Vendors. Our Terms & Conditions apply only to our Services, and not to any other person or entity, and your use of our Payment Vendors is subject to and governed by the terms and conditions of our Payment Vendors, and any additional requirements they may have in order to process your payments. You acknowledge and agree that 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, services, or other materials on or available therefrom. In the event of a conflict between the terms of these Terms & Conditions and the terms or requirements of such Payment Vendors, the terms and requirements of the Payment Vendor shall control with regard to your use of the relevant Payment Vendor.
If you purchase Services from us or make any payments via the site with your credit card, the credit card information that you submit to us will be subject to the protections offered by the Payment Vendor, if any. We make no representation regarding the Payment Vendor’s use of encryption, Secure Socket Layer (SSL) protocol, or any other mechanism to protect your personal information. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason we do not receive payment for a purchase, we may exercise our rights in law and equity, including: (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; (c) seeking legal action against you for the breach of these Terms; and (d) seeking reimbursement of amounts incurred by us as a result of your non-payment and our collection efforts, including but not limited to reasonable attorneys’ fees.
By clicking on the “Buy Now” button at the point of sale, you acknowledge and agree that your payment will be processed by our Payment Vendor. By clicking on the “Buy Now” button, you further acknowledge and agree that: (1) you have electronically received a copy of these Terms and Conditions; (2) you have had an opportunity to discuss the contents with your family, with us, and, if desired, to have it reviewed by an attorney; and (3) you understand, accept, and agree to the terms hereof with equal legal effect as if you had electronically signed this document.
AbendHealth DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM (I) YOUR USE OF, OR RELIANCE ON, ANY CONTENT, ADVERTISEMENT, PRODUCT, SERVICE OR OTHER RESOURCE AVAILABLE BY OR THROUGH ANY THIRD PARTY, REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINKED TO MATERIAL, AND (II) YOUR INFORMATION COLLECTED OR USED BY ANY SUCH THIRD PARTY.
Any websites linked to, or recommended by, AbendHealth are outside the bounds of our URL and any of its subdirectories are not under the control of AbendHealth. Therefore, AbendHealth disclaims any responsibility for the content and performance of any external website, app, software, or any link found in such external web site. URL’s pointing to documents or sites outside of the site are provided to you only as a matter of convenience. The inclusion in the site of any URL or link does not imply an endorsement of a specific vendor, information provider, individual, entity, group or organization by AbendHealth. Linking to the site without authorization is prohibited. You may request authorization by sending an e-mail complete with the URL’s of the site wishing to establish a link to: support@AbendHealth.com.
10. VIRTUAL COACHING SERVICES:
Our coaches provide only general, non-medical information, and personal motivation regarding nutrition.
It is recommended to download the “Lose It!” app in order to log your daily food journal and follow caloric and nutrient goals. By adding your coach as a “Friend” through ”Lose It!” and/or any other app/software (including but not limited to the ones identified below), you expressly consent to sharing your personal information with your coach for the purpose of providing the Services described herein. You further waive any privacy-related rights and claims relating to your sharing such information with us.
Virtual Coaching Service Disclaimer. If you have access to our Virtual Coaching Service, you will be able to interact with a coach. A coach will assist you in developing skills to help you achieve your health-related goals. AbendHealth may, in its sole discretion, engage or replace any coach with another coach without notice you.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
11. HEALTH AND MEDICAL ADVICE DISCLAIMER:
The site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. The site, including but not limited to, all information, links, and information contained herein are for informational purposes only. The information provided in this site, or through links to other websites, is not a substitute for medical or professional care. You understand that our role is not to in any way prescribe, diagnose, or assess any medical condition or provide any advice or service relating thereto. Nor do we provide health care, medical, psychological, psychiatric, or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. You understand that neither AbendHealth, nor its officers, agents, owners, principals, employees, affiliates, successors, assigns are acting in the capacity of a medical doctor, licensed dietician-nutritionist, psychologist, psychiatrist, therapist, or other licensed or registered professional, and that any and all information contained on the site is not meant to take the place of advice by these professionals. You should discuss the Services, any dietary changes, and potential dietary supplement use with your doctor. You have chosen to work with AbendHealth and your coach and you understand that the information received should not be construed as medical, nursing, or other advice from a licensed professional and is not meant to take the place of consulting with licensed health professionals. Any and all services provided by, in and/or through the Services are for informational purposes only.
IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE AbendHealth PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF AbendHealth SERVICE USERS).
You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician. If any information you receive or obtain from using the Services is inconsistent with the medical advice of your physician, you should follow the advice of your physician.
12. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, AND RELEASE OF CLAIMS:
You acknowledge that you take full responsibility for your life and well-being and all decisions made during and after these coaching sessions. You have had ample opportunity to discuss the risks of the Services with your personal health care professionals and your family. Notwithstanding these risks, both disclosed and undisclosed, you fully and expressly assume the risks of the coaching sessions and our Services, and the risks inherent in making lifestyle changes. It is with your full and complete knowledge of these risks that, to the fullest extent permitted by New Jersey law, you agree to hold harmless, release, defend, and indemnify AbendHealth and your coach, and their employees and agents, principals, owners, successors, assigns, officers, coaches, trainers, independent contractors, or volunteers from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which you ever had, now have or will have in the future against either of them, their employees and agents, arising from your past, present or future participation in, or otherwise with respect to, the coaching sessions, unless arising from our willful misconduct. I further agree not to sue, claim against, attach the property of, or prosecute ERNIT Lifestyle or its principals for any injury, death, damages or losses, whether or not such injury or death was caused in whole or in part by my negligence, the negligence of ERNIT Lifestyle or its agents, employees, successors, assigns, officers, principals, owners, coaches, trainers, independent contractors, or volunteers, or the act or omission of any party whatsoever. Notwithstanding the forgoing, if a court finds that AbendHealth and/or your nutrition coach is liable to you, their total liability is limited to refunding the total amount of fees you have paid for our services, and you will have no recourse against either of them for consequential, incidental, punitive or other damages.
AbendHealth EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN AbendHealth OR YOUR INTERACTIONS WITH ANY FACILITATOR OR COACHES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
These Terms & Conditions shall be legally binding upon me, my spouse, my heirs, my estate, assigns, legal guardians, and my personal representatives. I agree that the waivers and releases above are intended to be as broad and inclusive as permitted by the laws of the State of New Jersey, and that if any portion of them is held invalid, the other provisions shall continue in full legal force and effect.
I HAVE READ THIS COVENANT NOT TO SUE, WAIVER, RELEASE, INFORMED CONSENT, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY PROCEEDING WITH THE SERVICES DESCRIBED HEREIN, AND HAVE AGREED TO THESE TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY PARTICIPATION IN THE SERVICES TO CONSTITUTE A COMPLETE AND UNCONDITIONAL RELEASE OF ERNIT LIFESTYLE, LLC AND ALL PARTIES MENTIONED HEREIN TO THE GREATEST EXTENT ALLOWED BY LAW.
13. DISCLAMIERS OF WARRANTIES:
We have made every effort to accurately represent our services and their potential benefits and risks. Results can and do vary. Therefore, neither AbendHealth nor your nutrition coach make any guarantees that you will achieve a particular result, even if you notify them of your desire to achieve that result. Further, they do not make any representation or warranty, express or implied, regarding the services of AbendHealth or the results you may achieve from participating in the coaching sessions, and expressly disclaim any such warranties, including the warranty of merchantability and fitness for a particular purpose. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their health, desire and motivation.
All notices required or permitted hereunder shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address first set forth above, or when delivered by email or facsimile provided that delivery confirmation of any such electronic transmission is received by the sender.
If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
16. ENTIRE AGREEMENT AND AMENDMENT:
This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written relating to the subject matter thereof. This Agreement cannot be amended verbally, but only by a written instrument signed by both you and AbendHealth. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this agreement.
17. ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES:
In the event that there ever arises a dispute between the parties with respect to the services provided pursuant to these Terms & Conditions or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (“AAA”), the costs of which are to be shared by the parties equally. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator in Morristown, New Jersey (or the closest AAA location to Morristown, New Jersey at the time of such dispute and arbitration). The sole remedy that can be awarded to you in the event that an award is granted in arbitration is a refund of all fees paid to AbendHealth. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to you. This agreement shall be construed according to the laws of the State of New Jersey. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force. Any cause of action or claim by you arising out of or relating to the Services, or these Terms & Conditions, must be commenced within one (1) year after the cause of action arose or be forever waived and barred. Notwithstanding the foregoing, any collection dispute commenced by us may be commenced in the federal or state courts of New Jersey, in our sole discretion, and you hereby consent and submit to the jurisdiction of such courts in New Jersey.
18. NO CLASS ACTIONS:
You may resolve disputes with us on an individual basis only, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are expressly not allowed.
19. MISCELLANEOUS DISCLAIMERS:
Your use of and browsing on the site is done at your own risk. The information contained in this site is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. Nor is any representation or warranty made, express or implied, as to the accuracy, reliability, timeliness or completeness of any such information, or that the site will be uninterrupted or secure.
The site is to be used for the purchase of AbendHealth products and services, and for informational and lawful purposes only, and may not be relied upon for any other purpose. Under no circumstances shall AbendHealth or its officers, agents, employees, affiliates, successors, assigns or counsel be liable to any person or entity under any circumstances for: (a) any loss or damage, in whole or part, directly or indirectly caused by, resulting from, or relating to your use of the site; (b) any error or omission (through neglect or otherwise) contained on the site, or any circumstances involving the procurement, collection, compilation, interpretation, storage, analysis, editing, transportation, transmittal, communication or delivery of any information contained in this site; or (c) any direct, indirect, special, consequential or incidental damages whatsoever, even if AbendHealth, or its officers, agents, directors, employees, affiliates, successors, assigns, or counsel are advised in advance of the possibility of such damages resulting from the use of, or inability to use, any information contained in the site, or with respect to the performance of the site and/or information obtained by the user from any hyperlinks to documents located within and without the site. The site does not purport to be comprehensive or definitive, and you expressly acknowledge that the information contained on the site could include technical inaccuracies and/or typographical errors. You are solely responsible for decisions based on any information contained on the site and any of its sub-directories. You hereby waive any and all claims against AbendHealth and its affiliates, officers, employees, agents, assigns, successors, and counsel arising out of your use of the site and the information and/or services available thereon.
In sending electronic communications to AbendHealth, you are requesting that AbendHealth either contact you or provide you with a product or product information or other business matters. AbendHealth will make every reasonable effort to accommodate reasonable requests for information in a timely manner, but it is unable to make any guarantee concerning the timeliness of such responses. You agree that AbendHealth is not responsible for delay, non-delivery or non-receipt of any information exchanged between you and AbendHealth, whether due to Internet connectivity problems, incorrect e-mail addresses, incomplete or incorrect contact information supplied by you, due to force majeure, or for any other reason.
AbendHealth reserves the right at any time to terminate all or any portion of the site without notice to you.
By using the site, you agree to indemnify, defend and hold harmless AbendHealth, its officers, directors, owners, members, shareholders, affiliates, successors, assigns, employees, and counsel from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the site and/or your breach of these Terms & Conditions.
21. COPYRIGHT © 2023 by AbendHealth:
The copyright to the contents of this website (including but not limited to all content, script, HTML codes, and any and all related content, features and functionality that comprise the site) and the trademarks, logos, characters and service marks displayed thereon (collectively the “Intellectual Property”) are owned by AbendHealth or other third parties who have licensed or authorized use thereof to AbendHealth. The Intellectual Property is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Copying or reproducing the pages contained on the site to any other server or location for further reproduction or distribution is prohibited, unless specific rights are expressly granted in writing by an officer of AbendHealth. Any rights not expressly granted are hereby reserved. AbendHealth will aggressively pursue any violation of this policy in order to protect its valuable intellectual property rights.
If you have any questions about these Terms & Conditions, or believe that your Personally Identifiable Information has been compromised in any way through the use of the site, please contact us immediately at:
ERNIT Lifestyle LLC
Last Updated: July 2023