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Required Boring Legal Stuff

Here’s the deal. There are rules about endorsements now that are governed by the FTC. Seeing as the FTC is a big scary government agency and I’m not keen on prison — even a white collar one — I have to make some disclaimers here.

This policy is valid from 20 June 2011

This blog is a personal blog written and edited by me.

This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.

This blog abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.

The owner(s) of this blog is compensated to provide opinion on products, services, websites and various other topics. Even though the owner(s) of this blog receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely the bloggers’ own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

This blog does contain content which might present a conflict of interest. This content will always be identified.

I could identify all the affiliate links but it is impossibly time consuming. For the sake of brevity and to cover my hind end, please assume that if I link to a product or service, or any time I’m sharing  a new gadget, I might get a tiny bit of compensation if you decide to purchase that product or service.

That means that if I say something is awesome in a post and I put a link to that something awesome, if you click it and buy whatever the item is, I migh get paid. Mind you…it is a a VERY small commission that might help cover the cost of the NEXT gadget I buy to review for you!

The really good news is that I’m never going to promote anything I wouldn’t recommend to my family. And I like my family.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

1) Please know your own body and consult with your doctor or other health professional before taking any advice like beginning a fitness program or consuming supplements or food recommended at this site.

More required legal gobbledy-gook….

MINORS

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our Privacy Policy on this page.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS

Our Anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our Anti-Spam policy on this page.

COMPENSATION DISCLOSURE POLICY IS PART OF THESE TERMS AND CONDITIONS

Our Compensation Disclosure Policy is part of, and subject to, these terms and conditions of use. You may view our Compensation Disclosure Policy on this page.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to eatbetterandmove[at]gmail.com, and providing us with information relating to your concern.

LICENSEE STATUS

You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

CONTENT OWNERSHIP

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to eatbetterandmove[at]gmail.com

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to eatbetterandmove[at]gmail.com Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to eatbetterandmove[at]gmail.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION

You agree to obey all applicable laws while using our website.

You agree that the laws of Idaho govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that all disputes between you and us, arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, excluding any intellectual property right infringement claims we pursue against you, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules the United States of America. The language of the arbitration shall be English. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

COMPENSATION DISCLOSURE POLICY

YOU SHOULD ALWAYS CONDUCT YOUR OWN INVESTIGATION (PERFORM DUE DILIGENCE) BEFORE BUYING PRODUCTS OR SERVICES FROM ANYONE VIA THE INTERNET. THIS INCLUDES PRODUCTS AND SERVICES SOLD ON THIS WEBSITE AND ALL OTHER WEBSITES.

MATERIAL CONNECTION

Unless otherwise expressly stated, you should assume that all references to products and services on www.EatBetterandMove.com are made because material connections exist between the website’s owner (“Owner”) and the providers of the mentioned products and services (“Provider”).

GOOD FAITH RECOMMENDATIONS

The Owner recommends products and services on www.EatBetterandMove.com based in part on a good faith belief that the purchase of such products or services will help purchasers in general. The Owner has this good faith belief because (a) the Owner has tried the product or service mentioned prior to recommending it or (b) the Owner has researched the reputation of the Provider and has made the decision to recommend the Provider’s products or services based on the Provider’s history of providing these or other products or services. The representations made by the Owner about products and services reflect the Owner’s honest opinion based upon the facts known to the Owner at the time a product or service is mentioned on www.EatBetterandMove.com.

POTENTIAL BIAS AND DUE DILIGENCE

The Owner’s opinion about a product or service may be partially formed (consciously or subconsciously) in part based on the fact that the Owner has been compensated or will be compensated because of the Owner’s business relationships with the Providers.

In some instances, the Owner and a Provider will have a business or personal relationship that does not involve the Owner receiving compensation related to products and services mentioned on www.EatBetterandMove.com. However, the nature of the relationship is sufficient to establish a material connection between the Owner and the Provider.

Because there is a material connection between the Owner and Providers of products or services mentioned on www.EatBetterandMove.com, you should always assume that the Owner may be biased because of the Owner’s relationship with a Provider and/or because the Owner has received or will receive something of value from a Provider.

Perform your own due diligence before purchasing a product or service mentioned on www.EatBetterandMove.com (or any other website).

COMPENSATION

The type of compensation received by the Owner may vary. In some instances, the Owner may receive complimentary products, services, or money from a Provider prior to mentioning the Provider’s products or services on www.EatBetterandMove.com.

In other instances, the Owner may receive a monetary commission or non-monetary compensation when you take action based on the content of www.EatBetterandMove.com. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on www.EatBetterandMove.com.

PRIVACY POLICY

Last Updated: June 15, 2011

EatBetterandMove.com strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party. Period.”

How we gather information from users

How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, EatBetterandMove.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.

What we do with the information we collect

Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.

Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.

We may use Personally Identifiable Information collected on EatBetterandMove.com to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by EatBetterandMove.com and other topics we think you might find of interest.

Personally Identifiable Information collected by EatBetterandMove.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.

Affiliated sites, linked sites and advertisements

EatBetterandMove.com expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a EatBetterandMove.com page, certain content that is actually created or hosted by a third party. Also, through EatBetterandMove.com you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. EatBetterandMove.com is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. EatBetterandMove.com does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of EatBetterandMove.com and this policy.

Children

EatBetterandMove.com does not knowingly collect or solicit Personally Identifiable Information from or about children under 18 except as permitted by law. If we discover we have received any information from a child under 18 in violation of this policy, we will delete that information immediately. If you believe EatBetterandMove.com has any information from or about anyone under 18, please contact us at the address listed below.

Contacting Us.

We can be reached by contacting:

EatBetterandMove.com

Email: eatbetterandmove@gmail.com
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Changes to this Policy

EatBetterandMove.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing law

This policy and the use of this Site are governed by Idaho law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Ada County. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Ada County, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

EatBetterandMove.com is controlled, operated and administered entirely within Idaho. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

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Children’s Privacy Policy

We do not knowingly collect personal information from children under the age of 18. If we learn that we have personal information on a child under the age of 18, we will delete that information from our systems. EatBetterandMove.com encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:

Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.

Know the sites your kids are visiting and which sites are appropriate.

Look for Web site privacy policies. Know how your child’s information is treated.

Check out the FTC’s Site at http://www.ftc.gov/bcp/menus/consumer/data/child.shtm for more tips on protecting children’s privacy online.

Contacting Us.

We can be reached by contacting:

EatBetterandMove.com

Email: eatbetterandmove@gmail.com

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EatBetterandMove.com Blog Disclaimer and Terms of Use Agreement

The author and publisher of this Blog (Jana) and the accompanying resources and materials have used their best efforts in preparing this Blog. The author and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this Blog. The information contained in this Blog is strictly for educational and informational purposes. Therefore, if you wish to apply ideas contained in this Blog, you take full responsibility for your actions.

The author and publisher of EatBetterandMove.com disclaim any warranties (express or implied), merchantability, or fitness of materials expressed for any particular purpose. The author and publisher shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.

As always, the advice of a competent legal, tax, accounting or other applicable professional should be sought before using any materials found here or elsewhere.

The author and publisher do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this Blog.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

This Blog is © copyrighted by EatBetterandMove.com . No part of this may be copied, or changed in any format, sold, or used in any way, online or offline, other than what is outlined within this Blog, under any circumstances without express permission from EatBetterandMove.com

CONTACT INFORMATION:

EatBetterandMove.com

eatbetterandmove@gmail.com

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Advertising Compensation Affidavit

As per mandates from FEDERAL TRADE COMMISSION, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this document is to establish any compensatory affiliation with Jana and any advertising companies found on the pages of EatBetterandMove.com.

The owner of EatBetterandMove.com may earn compensation from the advertisers through your actions on this site, either from purchases resulting from the clicking of the ads found on the pages of EatBetterandMove.com or from the clicking of the links themselves.

Advertising found on the pages of EatBetterandMove.com is presented for the convenience of the reader without any implied or expressed warranty or recommendation of any kind. The owner or publisher of EatBetterandMove.com has not reviewed the ads or products being presented herein, and therefore accepts no responsibility of any kind for them.

The clicking of any links found on the pages of EatBetterandMove.com represents that the reader takes full responsibility for clicking on any ads and any resulting outcome from their actions concerning those ads, and shall not in any way hold the publishers, authors, or owners of EatBetterandMove.com responsible for any outcome deriving from clicking on the links found on the pages of EatBetterandMove.com

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COMPENSATION AND AFFILIATION AFFIDAVIT

As per mandates from FEDERAL TRADE COMMISSION, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this document is to establish any compensatory affiliation with Numerous companies whose products are being promoted on this site, including but not limited to Amazon, Clickbank, and Linkshare. and EatBetterandMove.com.

EatBetterandMove.com is affiliated with Numerous companies whose products may be promoted on this site, including but not limited to Amazon, Clickbank, and Linkshare, as a Marketing Affiliate and receives compensation for sales of Numerous products and services found on this site, including but not limited to fitness products, supplements, books, etc. generated through their personal promotions and therefore has an established connection with Numerous companies whose products are being promoted on this site, including but not limited to Amazon, Clickbank, and Linkshare. that might lead some readers to believe that the EatBetterandMove.com review of Numerous products and services found on this site, including but not limited to fitness products, supplements, books, etc. is biased. However, the review and comments on this site are to the best of their knowledge the true statements and beliefs of EatBetterandMove.com and any claims made can be substantiated on request to eatbetterandmove@gmail.com

EatBetterandMove.com did NOT receive compensation in the form of free promotional products or cash or cash equivalent for the purposes of reviewing Numerous products and services found on this site, including but not limited to fitness products, supplements, books, etc. for Numerous companies whose products are being promoted on this site, including but not limited to Amazon, Clickbank, and Linkshare.

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EatBetterandMove.com may or may not receive a promotional copy (and/or other material compensation), in order to facilitate their Honest opinion for this endorsement and could possible be a marketing affiliate for numerous products and services found on this site

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ANTI-SPAM POLICY

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.