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1. Introduction
FHT Media Holdings, LLC dba Womanista (“Skinny Mom”) provides its website services, including the Skinny Mom Community (as defined in Section 2 below), (“Services”) to you pursuant to the terms and conditions of this Website User Agreement (Terms of Use) (“Agreement”).  The Services are accessible through www.skinnymom.com (“Website”).  By using the Services, you are accepting this Agreement.  Skinny Mom may change this Agreement from time to time without notice to you.  In addition, when using particular Services, you will be subject to any posted policies, guidelines, or rules applicable to such Services that may be posted from time to time, including the Skinny Mom Privacy Policy (“Privacy Policy”).  All such policies, guidelines, and rules are hereby incorporated by reference into this Agreement.  The collection and use of personal information is governed by this Agreement and the Privacy Policy.  Please review the Privacy Policy posted to the Website.

The Website is owned and operated by Skinny Mom and contains material that is derived in whole or in part from Skinny Mom and other sources and is protected by international copyright, trademark, and other intellectual property laws.  You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website, including code and software, except as permitted by this Agreement or otherwise consented to by Skinny Mom in writing.  You may download material from this Website for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and, if applicable, maintain attribution to the author.  No other right or license is granted to any materials on this Website.

The Website and the Services may only be used by you for lawful purposes.  Transmission, distribution, or storage of Content (as defined in Section 3 below) or other material in violation of any applicable local, state, federal, foreign, or international laws, rules, or regulations is prohibited.  You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

2. Skinny Mom Community
In addition to the Website, Skinny Mom has established certain social media groups, message boards, and email access for Skinny Mom customers, users, and other friends (“Skinny Mom Community”).  All terms of this Agreement apply to your access to and use of the Skinny Mom Community.  In addition, certain social media channels, such as Facebook, Twitter, Instagram, Pinterest, etc., also have user agreements, terms of use, privacy policies, and other terms that may be applicable to your participation in or use of the Skinny Mom Community through such channels. 

3. User Conduct
You understand that all information, data, text, articles, software, music, sound, photographs, graphics, video, messages, postings, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.  This means that you, and not Skinny Mom, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Services, and that you must evaluate, and bear all risks associated with, the use of any Content posted or transmitted by you or other users.  Skinny Mom does not control the Content posted by users via the Services and, as such, does not guarantee the usefulness, accuracy, integrity, or quality of such Content.  Under no circumstances will Skinny Mom be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted, whether by Skinny Mom, you, or others.

You agree to not use the Services to: (a) upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) post any incomplete, false, or inaccurate biographical information; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (f) upload, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (g) upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party; (h) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other similar solicitations; (i) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (j) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (k) interfere with or disrupt the Services or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; (l) intentionally or unintentionally violate any applicable local, state, federal, foreign, or international laws, rules, and regulations; (m) stalk or otherwise harass another; or (n) collect, store, or use personal data about other users of the Services, except as may be necessary to complete a transaction offered or accepted by such users.

When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, crawlers, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; (b) aggregating, copying, or duplicating any of the materials or information except for the small amount of materials and information temporarily required for an ordinary single use of the Website; and (c) accessing data not intended for you.

Recognizing the global nature of the Internet, you acknowledge that what may legally be done on or through the Internet in the jurisdiction of your residence may not be permissible in every jurisdiction in the world.  Therefore, you specifically agree to comply with all local laws, rules, and regulations of the jurisdiction of the recipient regarding online conduct and acceptable Content.  In addition, you agree to comply with all applicable laws, rules, and regulations regarding the transmission of technical data exported from the United States and the country in which you reside.

4. Skinny Mom’s Rights to Content
With respect to Content you upload, post, email, or otherwise transmit for inclusion in publicly accessible areas of the Website or upload, post, email, or otherwise transmit to or through the Skinny Mom Community, or otherwise send to Skinny Mom, you grant Skinny Mom and any successors the worldwide, royalty-free, perpetual, and exclusive license to reproduce, modify, adapt, publish, sublicense, and otherwise use such Content to display and distribute the Content for the purpose for which such Content was uploaded, posted, emailed, or otherwise transmitted or sent, and for any business purpose selected by Skinny Mom, including, but not limited to, exploitation of the Content for commercial purposes, including, among other things, advertising.  You agree that you will not use any of the Content outside the Skinny Mom Community for commercial purposes.  Therefore, you should not post, submit, or otherwise send any Content that you may otherwise want to use for commercial purposes.

You acknowledge that Skinny Mom may, but does not have the obligation to pre-screen Content.  Skinny Mom shall have the right, in its sole discretion, to refuse or remove any Content that is available through the Services.  Without limiting the foregoing, Skinny Mom shall have the right to remove any Content that Skinny Mom, in its sole discretion, deems violates this Agreement or is otherwise objectionable.  In addition, Skinny Mom may pursue any of its other legal remedies, including, but not limited to, the immediate cancellation of your account, the exclusion from the Website of you and anyone else who may have violated this Agreement, and pursuing violators under various criminal and/or civil laws under the relevant jurisdiction.  Skinny Mom will cooperate with any investigation by any federal, state, or local body or any court or tribunal legitimately exercising its rights.  Such cooperation may be without notice to you.  You acknowledge and agree that Skinny Mom may preserve Content and user information and may disclose Content and user information in accordance with the Privacy Policy, if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) protect the rights, property, or personal safety of Skinny Mom, users of the Services, or the public; or (e) minimize or eliminate Skinny Mom’s potential liability.

5. User Account Security
You are responsible for safeguarding your account user name and password, if any, for accessing the Services and are fully responsible for any and all activities that occur under your user name and password.  If you determine that another person has gained unauthorized access to your account, or that anyone has wrongfully accessed the Services using your account, you shall promptly notify Skinny Mom.  You, and not Skinny Mom, are responsible for any unauthorized users who gain access to the Services due to your failure to maintain security of your user name and password.

6. Indemnity
You agree to indemnify and hold Skinny Mom, and its subsidiaries, affiliates, owners, directors, officers, managers, agents, and employees, harmless from all damages and expenses, including court costs and reasonable attorney fees, arising out of any claim based on Content you upload, post, email, or otherwise transmit, or use through the Services, your use of the Services or Content, your connection to the Website, your violation of this Agreement, and your violation of any rights of another or of any law, rule, or regulation.

7. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, in whole or in part the Services or Content of the Website or Skinny Mom Community, without the express written consent of Skinny Mom and the Content author and except as permitted by this Agreement.

8. Modification and Termination
You acknowledge that Skinny Mom may establish general practices and limits concerning use of the Services.  You agree that Skinny Mom has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services.  You further acknowledge that Skinny Mom reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice, including, without limitation, adding or deleting fees associated with the Services.  If any charge is applicable to any Services, Skinny Mom will notify you in advance.

Skinny Mom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, in whole or in part, with or without notice.  You agree that Skinny Mom shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or removal of Content.

You agree that Skinny Mom, in its sole discretion, may terminate your use of the Services, in whole or in part, and remove and discard any Content, for any reason without notice.  Further, you agree that Skinny Mom shall not be liable to you or any third party for any termination of your access to the Services.

9. Dealings with Retail Partners, Advertisers, and Other Users
Your correspondence or business dealings with retail partners, advertisers, and other users found on or through the Services, including payment and delivery of products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such retail partner, advertiser, or user.  You agree that Skinny Mom shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such retail partners, advertisers, or users in connection with the Services.  If there is a dispute with retail partners, advertisers, or other users of the Services, Skinny Mom is under no obligation to become involved.

10. Links
The Services may provide, or third parties may provide, links to other websites or resources.  Because Skinny Mom has no control over such sites and resources, you agree that Skinny Mom is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services, or other materials on or available from such sites or resources.  You further acknowledge and agree that Skinny Mom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content or products or services available on or through any such sites or resources.

11. Sweepstakes and Contests
From time to time, Skinny Mom may make available certain sweepstakes and contests on the Website.  Your participation in any such sweepstakes and contests is subject to and governed by the applicable Official Rules for each such sweepstakes or contest in addition to this Agreement.  All such sweepstakes and contest terms are hereby incorporated by reference into this Agreement.

12. Skinny Mom’s Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws.  You further acknowledge and agree that Content, as well as any other information presented to you through the Services, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.  Except as authorized in this Agreement or otherwise expressly authorized in writing by Skinny Mom or the applicable retail partners, advertisers, Content authors, or other users, you agree not to distribute or otherwise transfer, modify, or create derivative works based on the Services, the Software, or the Content, in whole or in part.  Skinny Mom grants you a personal, non-transferable, and non-exclusive license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or distribute, grant a security interest in, or otherwise transfer any right in the Software.  You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Services.  You agree not to access the Services by any means other than through the interface that is provided by Skinny Mom for use in accessing the Services.

13. Violations of Other Parties’ Proprietary Rights
Skinny Mom respects the intellectual property of others and asks its users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Skinny Mom of your infringement claim in accordance with the procedure set forth below.

Skinny Mom will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to Skinny Mom at [email protected] and include the subject line “DMCA Takedown Request”.  You may also contact Skinny Mom by mail at FHT Media Holdings, LLC dba Womanista, 602 Main Street, Suite 410, Cincinnati, Ohio 45202.  To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website with enough detail that we may find it on the Website; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright or other intellectual property owner, the copyright or other intellectual property owner’s agent, or pursuant to the law, to post and use the Content in question, you may send a written counter-notice containing the following information to Skinny Mom at the email address or physical address provided above: (a) your physical or electronic signature; (b) identification of the Content that has been removed or to which access has been disabled and the location on the Website at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a mis-identification of the content; (d) your name, address, telephone number, and email address; and (e) a statement that you consent to the jurisdiction of the federal court located within the Southern District of Ohio and that you will accept service of process from the person who provided notification of the alleged infringement.  If a counter-notice is received by Skinny Mom, Skinny Mom will send a copy of the counter-notice to the original complaining party informing that person that Skinny Mom may replace the removed Content or cease disabling it in ten business days.  Unless the owner files an action seeking a court order on the matter, the removed Content may be replaced, or access to it restored, after the expiration of the ten-day period, at Skinny Mom’s sole discretion.

In accordance with the DMCA and other applicable law, Skinny Mom has adopted a policy of terminating, in appropriate circumstances and at Skinny Mom’s sole discretion, users who are deemed to be repeat infringers.  Skinny Mom may also at its sole discretion limit access to the Website and the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Disclaimer of Warranties and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK; THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND SKINNY MOM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY OF DATA, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR FROM USAGE OF TRADE; (b) SKINNY MOM MAKES NO WARRANTY (i) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE, (iii) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (iv) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKINNY MOM OR THROUGH OR FROM THE SERVICES OR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKINNY MOM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR CONTENT USED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH OR FROM THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (e) FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES, OR (f) ANY OTHER MATTER RELATING TO THE SERVICES, THE CONTENT, OR THE WEBSITE, EVEN IF SKINNY MOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

15. Dispute Resolution
Any claim or controversy arising out of or relating to this Agreement that is not resolved by you and Skinny Mom directly shall be settled by mediation and, if mediation is unsuccessful, by binding arbitration.  The mediation and arbitration shall take place in the Cincinnati, Ohio area, and shall be administered by Cincinnati Bar Association Arbitration Services pursuant to its rules and procedures in effect at the time the dispute is submitted, by mediator(s) and arbitrator(s) mutually selected by you and Skinny Mom in accordance with such rules.

16. Miscellaneous
You may not assign or otherwise transfer this Agreement or any rights or obligations under this Agreement to any third party without the prior written consent of Skinny Mom.  The failure of either party to act upon any right, remedy, or breach of this Agreement shall not constitute a waiver of that or any other right, remedy, or breach.  No waiver shall be effective unless made in writing and signed by the waiving party.  Neither party shall be liable for any delay in or failure of performance resulting from any cause or condition beyond its reasonable control, whether foreseeable or not, including vandalism that disrupts or corrupts the Website or the Services.  The provisions of this Agreement are severable.  If any provision is held to be invalid, unenforceable, or void, the remaining provisions shall not as a result be invalidated.  This Agreement and any claim arising out of this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, excluding its conflict of laws principles.  This Agreement constitutes the entire agreement and understanding between the parties relating to the object and scope of this Agreement.  Any representation, statement, or warranty not expressly contained in this Agreement, shall not be enforceable by the parties.

17. Cancellation & Refunds
Skinny Mom LLC offers a free 7-day sample menu that is representative of the regularly published menus delivered with a membership to the Skinny Suppers™ Meal Planner. Memberships are non-refundable and non-transferable. Digital downloadable products are not refundable unless an error was made in ordering (such as a duplicate purchase). Once the item has been downloaded after purchase, no refunds may be made.

18. Chargeback Policy
Membership fees will appear on your credit/debit card statement as “SkinnySuppers.com”. You agree not to file a credit card or debit card chargeback with regard to any purchase (recurring or not) and instead, contact SkinnySuppers.com at [email protected] to request a refund. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit card processor or by VISA or MASTERCARD, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith.

LAST UPDATED: April 25, 2016

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