Terms of Use

Welcome to the UMANAIDOOMD.COM web site and our Terms of Use (these “Terms”).  This Website is owned and operated by Houndstooth Macmillan.

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE.

BY VIEWING, VISITING, USING, OR INTERACTING WITH UMANAIDOOMD.COM OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THESE  TERMS OF USE AND THE PRIVACY POLICY OF UMANAIDOOMD.COM.

Note that Section 22 of these Terms contains a mandatory arbitration provision that requires each of us to the use of binding arbitration on an individual basis and limits the remedies available to us in the event of certain disputes.  By agreeing to these Terms, each of us is giving up our right to bring our disputes before a jury or as a member of class action.

By accessing or using this Website provided by  Houndstooth Macmillan, its subsidiaries and affiliates (collectively, the “Company”, “we,” “us” or “our”) through our websites or blogs, (collectively, the “Website”) you agree to be bound by these Terms and all of the terms incorporated herein by reference.  If you do not agree to these Terms, you may not access or use the Website in any way.

If you are using this Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

  1. Modifications. This Website reserves the right to change or modify these Terms at any time and in our sole discretion.  If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Website.  By continuing to access or use this Website in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.  We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use this Website. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use this Website.
  2. Not a Substitute for Medical Care. The Content (as defined below) provided on the Website is not intended to diagnose, cure, treat, or prevent any disease.  The information, statements, and images used by this Website have not been reviewed by the Food & Drug Administration. The use of this Website does not and is not meant to replace medical care. If you have an existing medical condition, including if you are actively trying to conceive, pregnant, or nursing, or take any medications, please consult with your doctor before committing to any  recommended changes to your diet or exercise program. 
  3. Privacy Policy.  Please refer to our Privacy Policy, for information about how we collect, use and disclose information about you.
  4. Eligibility. This Website is not targeted toward or intended for use by anyone under the age of 13.  By using this Website, you represent and warrant that you (a) are 13 years of age or older, (b) have not been previously suspended or removed from this Website, or engaged in any activity that could result in suspension or removal from this Website, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
  5. Warranty. Except for any express warranties stated herein, this Website is provided on an "as is" basis, and the Company disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to this Website or any part thereof.  

 

  1. License to Access and Use the Website and Content.  Unless otherwise indicated in writing by us,  this Website and all content and other materials contained therein, including, without limitation, all logos, trademarks, service marks, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of The Company or our licensors or users, as applicable, and are protected by U.S. and international copyright and/or intellectual property laws.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use this Website and the Content for your own personal, non-commercial use in learning about and/or evaluating our Products and services.  This grant of permission is not a transfer of title, and under this permission you may not remove any copyright, or other proprietary notations from the materials.  The  license is subject to these Terms and does not include any right to (a) sell, resell or use commercially this Website or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of this Website or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of this Website or Content, except as expressly permitted by us, and (f) use this Website or Content other than for their intended purposes.  Any use of this Website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of the Company or any third party, whether by estoppel, implication or otherwise.  This license is revocable at any time.

 

  1. Use of Information From This Website

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

  1. Ownership of Website or Right to Use, Sell, Publish Contents of This Website

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

  1. Hyperlinking to Site, Co-branding, “Framing” and Referencing Site Prohibited

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. 

  1. Disclaimer for Contents of Site

The website disclaims any responsibility for the accuracy of the Content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the Website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

  1. Disclaimer for Harm Caused to Your computer or Software From Interacting With This Website or Its Contents. Visitor Assumes All Risk of Viruses, Worms or Other Corrupting Factors.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

  1. Disclaimer for Harm Caused by Downloads

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF THE OTHER THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

  1. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you, and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms.  You agree to promptly notify the Company of any third party Claims and cooperate with the Company Parties in defending such Claims.  You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.

  1. Trademarks. 

 This Is Your Brain On Food™, the Website URL and any other service names, logos or slogans that may appear on this Website are trademarks or service marks of the Company and may not be copied, imitated or used, in whole or in part, by you without our express prior written permission.  You may not use any metatags or other “hidden text” utilizing “UMANAIDOOMD.COM” or any other name, trademark or Product or service name of the Company without our prior written permission. Unless otherwise indicated, all other names, logos, trademarks and service marks on this Website are owned or licensed by the Company, as the case may be, and may not be used, copied or imitated, in whole or in part, by you without our express prior written permission. The use or misuse of any of these marks or other information is strictly prohibited. You may not use any metatags or other “hidden text” utilizing “UMANAIDOOMD.COM” or any other name, trademark, service mark, book title, product name or service name of this Website without our express prior written permission.  In addition, the look and feel of this Website, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute trade dress of this Website and may not be copied, imitated or used, in whole or in part, without our express prior written permission.  Reference to any third party products, services, processes or other information by name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Company.

  1. Hyperlinks.  This Website makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from this Website or of websites linking to the Website.  Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein.  When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
  2. Third Party Content.  We may display content, advertisements and promotions from third parties through this Website, (collectively, “Third Party Content”).  We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness.  You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that this Website is not responsible or liable in any manner for such interactions or Third Party Content.
  3. User Conduct.  You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.  You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and the Company; Use this Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying this Website or that could damage, disable, overburden or impair the functioning of this Website in any manner; Reverse engineer any aspect of this Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the the Website; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of this Website that you are not authorized to access; Develop any third party applications that interact with this Website without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or use this Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
  1. Submissions

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission (“Submissions”). All Submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use including, without limitation, all intellectual property rights in and to such Submissions, and shall be entitled to the unrestricted dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy. 

 

  1. Notice

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

  1. Dispute Resolution; Arbitration.  PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF UNDER THESE TERMS.  IN PARTICULAR, WE EACH AGREE TO GIVE UP OUR RIGHT TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS ACTION.

22.1 Binding Arbitration.  Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (each, a “Dispute”) arising out of Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, service marks, trade names, logos, trade secrets or patents, you and the Company agree (a) to waive your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and the Company’s respective rights to a jury trial.  Instead, you and the Company agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court) pursuant to the terms set forth in sections 22.2-22.9 below.  

22.2 No Class Arbitrations, Class Actions or Representative Actions.  You and the Company agree that any Dispute arising out of or related to these Terms or the Website, or the  Content, except those Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, service marks, trade names, logos, trade secrets or patents, is personal to you and the Company and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.  You and the Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and the Company agree that an action seeking to resolve a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

22.3 Federal Arbitration Act.  You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

22.4 Notice; Informal Dispute Resolution.  You and the Company agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally.  Notice to the Company shall be sent by email. Your notice must include (a) your name, postal address, telephone number, the email address you use for the Website account and, if different, an email address at which you can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking.  Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or the Company may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding or, to the extent specifically provided for in Section 22.1, file a claim in court.

22.5 Process. Except for Disputes arising out of or related to Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, service marks, trade names, logos, trade secrets or patents, you and the Company agree that any Dispute must be commenced or filed by you or the Company within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and the Company will no longer have the right to assert such claim regarding the Dispute).  You and the Company agree that (a) any arbitration will occur in the Commonwealth of Massachusetts, City of Boston, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”) available at https://www.jamsadr.com/adr-rules-procedures/, which are hereby incorporated by reference, and (c) that the state or federal courts of the Commonwealth of Massachusetts and the United States, respectively, sitting in the Commonwealth of Massachusetts, City of Boston, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

22.6 Authority of Arbitrator.  As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.  The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

22.7 Rules of JAMS.  The rules of JAMS and additional information about JAMS are available on the JAMS website.  By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

22.8 Severability. If any term, clause or provision of this Section 22 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 22 will remain valid and enforceable.  Further, the waivers set forth in Section 22 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

22.9 Opt-Out Right.  You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 22 by emailing us.  In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

 

Applicable Law; Jurisdiction and Venue

These Terms, your access to and use of the Sites and your order, receipt, use of the Products and resolution of Disputes shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law rules or principles (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.  Any Dispute between the parties that is not subject to arbitration pursuant to Section 22 or cannot be heard in small claims court, shall be resolved in the state or federal courts of the Commonwealth of Massachusetts, and the United States, respectively, sitting in the Commonwealth of Massachusetts, City of Boston.Contact Information

The Mailing address of this Website is:

Houndstooth Macmillan
One Mifflin Place
Cambridge MA 02138
United States

Contact Email: support@umanaidoomd.com 

Last Updated February 15, 2023