Terms and Conditions of Use

CHARGES AND FEES FOR ONLINE SERVICES AND SUBSCRIPTIONS. Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription to one of our online services and subscriptions. As a subscriber to one of our online services and subscriptions, you agree as follows:
If you choose the three-month subscription plan, membership dues are billed every three months. If you choose the one-year subscription plan, membership dues are billed every one year.  For online services and subscriptions, your method of payment will be charged for the term of the membership you choose at the time of registration. Membership dues continue every three months or yearly (depending on which membership you choose) and will automatically renew. Cancel anytime to discontinue your membership. Cancellation becomes effective at the end of the then effective billing cycle, however, if you chose a one-year contract and cancel your membership before the end of the one-year term, you will be charged the three-month rate for your usage and cancel the automatic renewal.  If you chose a three-month contract and cancel your membership before the end of the three-month term, you will forfeit the rest of your paid membership and cancel the automatic renewal.

1. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this Website (such as the recurring monthly subscription), applicable taxes, and other charges and fees incurred in order to access our online services and subscriptions. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our online services and subscriptions you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our online services and subscriptions. If you purchased a multiple-period prepayment plan or you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.
2. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our online services and subscriptions, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our online services and subscriptions.
3. For purposes of your use of our online services and subscriptions including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our online services and subscriptions ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate. Without limiting any other provision of this agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our online services and subscriptions. You are obligated to check the “Your Profile” feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information.
4. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Your Profile feature of this Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
5. Except for multiple-period prepayment plans, your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria, or if we terminate your subscription to one of our online services and subscriptions prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full online services and subscription monthly fees for any month (or portion thereof) elapsed (regardless of whether you logged onto our Website or used the online services and subscriptions during that month). If we cancel or terminate your subscription to one of our online services and subscriptions (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.

SERVICE AGREEMENT
Make You Happen ("MYH") provides its services to you subject to the following Terms and Conditions. If you visit or shop at the MYH websites (including, but not limited to, www.aurapublications.com) (individually or collectively, the "Website"), you accept these Terms and Conditions. If you do not agree to be bound by all of these Terms and Conditions, please do not use or access this Website. MYH reserves the right to refuse or cancel your membership due to certain medical conditions. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from MYH’s third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Whether or not you are at your goal weight, consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

YOUR MEMBERSHIP ACCOUNT. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MYH and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your MYH account; (c) take responsibility for all charges resulting from use of your MYH account, including unauthorized use prior to your notifying MYH of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.

CANCELING YOUR MEMEBERSHIP. You may cancel your membership by email to billing@makeyouhappen.com (provide your first and last name, user name, and intent to cancel; we will not open your email if it contains an attachment); by mail to Make You Happen, PO Box 820505, Vancouver, WA 98682 Attn: Member Services (provide your first and last name, user name, email address, and your intent to cancel).

HEALTH DISCLAIMER . This Website and our online services and subscriptions provide weight loss management and information applications and content published over the Internet and are intended only to assist users in their personal weight loss efforts. MYH is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

PARENTAL OR GUARDIAN PERMISSION. You must be 18 years or older to purchase any product or service offered on or through the Website. Some of the content on the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing the Website.

PRIVACY. Please review our Privacy Policy located at http://makeyouhappen.com/privacy, which also governs your visit to the Website, to understand our privacy practices.

COMMUNICATIONS. When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. MYH may also deliver communications to you electronically. In addition, MYH may deliver communications (including legal notices) to you at the street address provided in your MYH membership account. Finally, MYH may deliver communications to you by any means set forth in any other MYH policy or notice published on the Website. You may contact us by email at customerservice@makeyouhappen.com, and we will forward your message to the appropriate MYH department. We try to answer every email in a timely manner but are not always able to do so. In addition, you may contact us at the following address: Make You Happen, PO Box 820505, Vancouver, WA 98682.

LICENSE AND SITE ACCESS. MYH grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of MYH. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of MYH. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MYH without our express written consent. You may not use any metatags or any other hidden text utilizing MYH’s name or trademarks without the express written consent of MYH. Any unauthorized use terminates the permission or license granted by MYH. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray MYH, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MYH logo or other proprietary graphic or trademark as part of the link without express written permission.

DISCLAIMERS AND LIMITATION OF LIABILITY. Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither MYH, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. MYH does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. The website is provided by MYH on an “as is” and “as available” basis. MYH makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, MYH disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall MYH or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if MYH is expressly advised of the possibility of such damages. In no event shall MYH’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by MYH, providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall MYH or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, 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 Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

THIRD-PARTY CONTENT. The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). Regarding the Content supplied by Users or parties other than MYH, MYH can be a distributor and not always a publisher. MYH has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by MYH are those of the respective authors or distributors and not of MYH. Neither MYH nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with www.makeyouhappen.com. MYH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized MYH employees. Under no circumstances shall MYH be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.

ONLINE CONDUCT. User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If MYH is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, MYH may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. MYH may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of MYH, its Users or Providers. MYH reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of MYH or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither MYH nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither MYH, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.

YOUR USE OF THIS WEBSITE. Unless otherwise specified, we grant a non-exlusive, non-transferable, limited right to access, use and display this Website and the material provided hereon, and the online services and subscriptions that you subscribed to, for your personal, noncommercial use, provided that you copy fully with the provisions of this agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website and/or our online services and subscriptions. You understand that only may use your user account and password, and that your subscription to our online services and subscriptions is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of online services and subscriptions subscribed to by you. To subscribe to our online services and subscriptions, you represent that you are a United States citizen or resident with a valid United States mailing address.
By using this Website and/or our online services and subscriptions, you agree to be legally bound and to abide by this agreement, just as if you had signed this agreement. If you do not comply with this agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our online services and subscriptions. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our online services and subscriptions, including, but not limited to, (i) restricting the time the Website and/or a online services and subscriptions is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website and/or any of our online services and subscriptions. You agree that any termination or cancellation of your access to, or use of, the Website and/or our online services and subscriptions may be effected without prior notice. If you do not abide by the terms of this agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our online services and subscriptions. 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 Website and/or our online services and subscriptions, except for a refund of any fees or charges prepaid by you with respect to our online services and subscriptions in accordance with paragraph 4 of this agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this agreement, or any policies or practices by us in providing this Website or our online services and subscriptions, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to cancel or terminate your subscription or registered user account, as applicable. From time to time, we may supplement this agreement with additional terms and conditions pertaining to specific content, activities or events. Such additional terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such additional terms are hereby incorporated by reference into this agreement.

SUBMISSIONS . If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant MYH and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that MYH and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

LINKS TO OTHER SITES. The Website may reference or link to third-party sites throughout the World Wide Web. MYH has no control over these third-party sites or the content within them. MYH cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. MYH does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. MYH does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against MYH for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

COPYRIGHTS. Copyright (c) 2007 Make You Happen. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are in the process of becoming copyrighted materials belonging exclusively to MYH or its content suppliers and are protected by United States and international copyright law. MYH enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

INDEMNITY. You agree to defend, indemnify, and hold MYH and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

APPLICABLE LAW. The Website is created and controlled by MYH in the State of Washington. As such, the laws of the State of Washington will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. MYH reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Washington for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Washington courts and agrees not to plead or claim in any Washington court that such litigation brought therein has been brought in an inconvenient forum.

MISCELLANEOUS TERMS. In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. MYH reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions periodically. In addition, these Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Unsolicited Idea Submission Policy MYH and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MYH products or marketing strategies might seem similar to ideas submitted to MYH. So, please do not send your unsolicited ideas to MYH or anyone at MYH. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter, fax, or e-mail says, the following terms shall apply to your idea submission.

Terms of Idea Submission You agree that: (1) your ideas will automatically become the property of MYH, without compensation to you, and (2) MYH can use the ideas for any purpose and in any way, even give them to others.

Product and/or Service Feedback MYH does, however, welcome your feedback regarding many areas of MYH existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://makeyouhappen.com/company/contact.cfm . Please provide only specific feedback on MYH existing products or marketing strategies; do not include any ideas that MYH policy will not permit it to accept or consider. It's just one more way that eDiets.com can learn how to best satisfy your needs.

Feedback and Information Any feedback you provide at this site shall be deemed to be non-confidential. MYH shall be free to use such information on an unrestricted basis.