1. DEFINITIONS.

a. “Agreement” means the most current version of this terms of use agreement between us and you.

b. "Eternally Healthy" means the Indiana limited liability company Eternally Healthy, LLC with its principal place of business located at [address].

c. “Information” means all information, opinions, suggestions, and recommendations about mental, physical and spiritual health and the health related products we offer at our Website.

d. “Licensed Materials” means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks, tradedress and copyrights.

e. “Personal Information” means information that, when combined, identifies you individually such as your name together with your address or other contact information.

f. “Products” means all products we offer through our Website.

g. “System” means all of our software and hardware.

h. “Website” means our websites, including http://midwestfatfighter.com, where we provide you with access to our Services.

i. “We,” “us,” and “our” means Eternally Healthy, LLC.

j. “You,” “your,” and “yourself” means any organization or person that visits our Website or otherwise uses our System or Services, as well as their agents, assigns, and successors.

2. GENERAL.

Eternally Healthy publishes information about healthy living and produces health industry products marketed through our Websites as well as other mass media outlets. You right to access the Information and purchase Products made available through our Website is conditioned upon your consent to the most current version of this Agreement. We may revise this Agreement from time to time to adjust to changes in our policies, practices and the law. If you do have not read or do not wish to consent to the terms and conditions of this Agreement, you may not use our Website.

3. PRIVACY.

Your privacy is important to us. Your Personal Information will only be used for apparent, legitimate business purposes and will not be sold. We follow established security procedures to keep your personal information safe from unauthorized third parties. We may use your Personal Information to enforce this Agreement, and we may also produce your Personal Information to law enforcement, competent administrative bodies, and U.S. courts. Your comments and suggestions regarding current or new information, products, ideas, concepts, inventions, creations, business plans or similar topics are at all times public comments and suggestions in the absence of a preexisting, signed non-disclosure agreement between us and you. At our Website, we may offer you Information as well as opportunities to learn about Products provided by third parties. We may also offer you opportunities to communicate with other visitors to our Website, as well as with independent third parties through links to other, independent websites. Please exercise caution when deciding whether to disclose any personal information. We do not control such information provided to such parties and any information you disclose to them may become public information.

4. INDEMNITY.

You agree to defend, indemnify and hold us harmless as well as our shareholders, officers, directors, affiliates, employees, and agents from and against any and all liabilities, losses, damages or costs, including all attorney fees, collection fees and court costs, related to any demand or litigation regarding your use of or inability to use or access our Website, Information, Products, or System or your breach of this Agreement.

5. INTELLECTUAL PROPERTY.

The materials published on our Website are, unless otherwise stated, our intellectual property, including but not limited to copyright protected works, trademarks, tradenames, tradedress, and logos. You may make copies of materials published which are of interest to you for your own personal use and you may also provide occasional copies to others for information purposes, provided that you do so free of charge and the copies do not comprise substantial parts of the website. When you do make copies for yourself or others, the content of the published material and the copyright notices must remain intact, your communication of the content must not be misleading or inaccurate and a copy of this notice must accompany any copies of the materials which you provide to others. No other use of the materials published on our Website is permitted without our express prior written consent. You may link to our Website only with a text-only link clearly denominating our Website, pointed to our Website, in a manner that does not diminish our goodwill, without a frame, and without giving the impression that an unassociated third party is some how associated with us.

6. LIMITATION OF LIABILITY.

You alone are responsible for confirming the accuracy of the personal information we use to contact you. In order to update your contact information, please [fill in your preferred method for allowing updates]. You alone are responsible for confirming the accuracy of Information you find on our Website. We are not responsible for taking any action to confirm the qualifications of any independent source of Information or the quality, reliability or usability of independent Products. We are not responsible for any health decisions you make, whether or not they are based on Information you found on our Website. No Information or Products found on our Website are intended to be have been presented to, reviewed by or approved by the Food and Drug Administration, the Federal Trade Commission or any other federal or state government agency. You hereby agree to hold us and our shareholders, officers, directors, assigns, agents, and employees harmless and to pay any and all costs, including reasonable expert and attorney fees and travel expenses, we incur as a result of any claim you bring against us relating in any way to our Website, Information, Products, or System.

7. REPRESENTATIONS & WARRANTIES.

All opinions, suggestions, and recommendations from independent sources included on our Website are not ours nor do we endorse them. All Information provided on our Website is provided solely “as is” for informational purposes only, is not intended as a substitute for medical or health care and counseling, and should not be relied upon as a substitute for consultations with qualified, licensed medical and health professionals who are familiar with your individual medical and health needs. We do not warrant in any way and expressly disclaim any perceived warranty that our Website, Information and Products are reliable, accurate, current, complete, merchantable, or fit for any specific purpose. Your choice to follow any Information or use or purchase any Products is your sole responsibility. We also do not warrant that our System is free of computer viruses or any other type of malicious element. EXCEPT WHERE OTHERWISE MANDATED BY LAW, UNDER NO CONDITION WILL WE BE LIABLE TO YOU FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND WHETHER IN CONTRACT, TORT OR NEGLIGENCE, OR EXPENSES OR LEGAL FEES, EVEN IF YOU OR WE ARE AWARE OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. OUR MAXIMUM POSSIBLE LIABILITY TO YOU SHALL NOT EXCEED TEN DOLLARS. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

8. SEVERABILITY.

In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.

9. GOVERNING LAW.

This Agreement shall be governed by the federal laws of the United States and the laws of the State of Indiana, without regard to any conflict of laws provisions.

10. EXCLUSIVE VENUE.

Any actions, relating to or arising out of this Agreement or any use of our Services, that include us as a party shall be brought exclusively in the federal and state courts for Vanderburgh County, Indiana, U.S.A., and you consent to the exercise of personal jurisdiction over you by these courts in all such actions. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and Vanderburgh County, Indiana, U.S.A.

11. DISPUTE FEES & COSTS.

If we reasonably decide to retain an attorney or collection agency to enforce this Agreement, the prevailing party will be entitled to an award of all reasonable attorney fees and costs, regardless of whether a judgment is rendered or suit is ever filed.