Healthy Living Today

Terms of Use

OverviewThe following terms and conditions govern all use of the joinelementary.com website and all content, services and products available at or purchased through the website (collectively, the “Website”). The Website is owned and operated by Elementary Weight Loss, LLC (“Elementary”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Elementary Privacy Policy) and procedures that may be published from time to time on this Website by Elementary (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. These terms and conditions are considered an offer by Elementary and acceptance is expressly limited to these terms. The Website is to be accessed only by individuals who are at least 18 years old.DisclaimerElementary's mission is to help people lose weight and live healthy. We strive to do so by providing programs, plans and materials to diet, exercise and engage in other weight loss focused activities through email and other forms of digital and non-digital communication (collectively the “Services”). However, Elementary does not provide Services that are an alternative or substitute of those provided by a medical professional. The Services provided by Elementary are not intended to take the place of advice from a trained medical professional. Before altering your diet or level of physical activity, please consult your personal physician or another qualified health professional. Elementary disclaims responsibility for any direct or indirect adverse effects resulting from following the information and subject matter contained within the Services provided or purchased through the Website.Mention of specific companies and organizations within the Services does not imply endorsement by Elementary, nor does it mean specific companies and organizations endorse the Services or Elementary. Internet addresses and related information provided within the Services were accurate at the time of publication.Use of the WebsiteYou may be required to provide information about yourself (such as identification or contact details) as part of the registration process for using the Website. You agree that any registration information you give to Elementary will always be accurate, correct and up to date. You agree to use the Website only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by Elementary, unless you have been specifically allowed to do so in a separate agreement with Elementary. You specifically agree not to access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with Elementary, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any aspect of the Website for any purpose. You agree that you are solely responsible for (and that Elementary has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Elementary may suffer) of any such breach.Responsibility of Website VisitorsElementary has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Elementary does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Elementary disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.Content Posted on Other WebsitesWe have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which joinelementary.com links, and that link to joinelementary.com. Elementary does not have any control over those non-Elementary websites and webpages, and is not responsible for their contents or their use. By linking to a non-Elementary website or webpage, Elementary does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Elementary disclaims any responsibility for any harm resulting from your use of non-Elementary websites and webpages.Copyright InfringementAs Elementary asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Pursuant to Title 17 of the United States Code, Section 512, Elementary has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe that material located on or linked to by joinelementary.com violates your copyright, please email us at hi@joinelementary.com. Elementary will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Elementary will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Elementary or others.Intellectual PropertyThis Agreement does not transfer from Elementary to you any Elementary or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Elementary. Joinelementary.com, the Elementary logo, and all other trademarks, service marks, graphics and logos used in connection with joinelementary.com, or the Website are trademarks or registered trademarks of Elementary or Elementary’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Elementary or third-party trademarks.ChangesElementary reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Elementary may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.TerminationElementary may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.Disclaimer of WarrantiesThe Website is provided “as is”. Elementary and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Elementary nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.Limitation of LiabilityIn no event will Elementary, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Elementary under this agreement during the twelve (12) month period prior to the cause of action. Elementary shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.General Representation and WarrantyYou represent and warrant that (i) your use of the Website will be in strict accordance with the Elementary Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.IndemnificationYou agree to indemnify and hold harmless Elementary, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.MiscellaneousThis Agreement constitutes the entire agreement between Elementary and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Elementary, or by the posting by Elementary of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Elementary may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.Last modified: January 1, 2023

Privacy Policy

Our CommitmentIn addition to helping you lose weight, the privacy of your personal information is incredibly important to us. Our objective is to never ask you to share your personal information unless it is imperative to developing and perfecting the services we provide to you.Privacy Policy CoverageThis Privacy Policy covers the treatment of both non-personally-identifying and personally-identifying information gathered and stored when you are accessing the joinelementary.com website and all content, services and products available at or through the website (collectively, the “Website”). The Website is owned and operated by Elementary Weight Loss, LLC (“Elementary”).This policy does not apply to the practices of companies that Elementary does not own or control, or to individuals that Elementary does not employ or manage. In addition, the Website contains links to outside sources. While we attempt to provide links only to those sites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those sites. We encourage you to carefully review the privacy policies of any websites you visit.Website VisitorsLike most website operators, Elementary collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Elementary's purpose in collecting non-personally identifying information is to better understand how Elementary’s visitors use its Website. From time to time, Elementary may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website.Gathering of Personally-Identifying InformationCertain visitors to Elementary’s Website choose to interact with Elementary in ways that require Elementary to gather personally-identifying information. The amount and type of information that Elementary gathers depends on the nature of the interaction. Those who engage in transactions with Elementary – by purchasing any products or services through joinelementary.com, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Elementary collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Elementary. Elementary does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Website-related activities.Aggregated StatisticsElementary may collect statistics about the behavior of visitors to its Website. Elementary may display this information publicly or provide it to others. However, Elementary does not disclose personally-identifying information other than as described below.Protection of Certain Personally-Identifying InformationElementary discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Elementary’s behalf or to provide services available at Elementary's Website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Elementary’s Website, you consent to the transfer of such information to them. Elementary will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Elementary discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Elementary believes in good faith that disclosure is reasonably necessary to protect the property or rights of Elementary, third parties or the public at large. If you are a registered user of an Elementary Website and have supplied your email address, Elementary may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Elementary and our products. If you send us a request (for example via an email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Elementary takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.CookiesA cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Elementary uses cookies to help Elementary identify and track visitors, their usage of an Elementary Website, and their website access preferences. Elementary visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Elementary’s Websites with the drawback that certain features of Elementary's Website may not function properly without the aid of cookies.Business TransfersIf Elementary, or substantially all of its assets, were acquired, or in the unlikely event that Elementary goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Elementary may continue to use your personal information as set forth in this policy.AdsAds appearing on our Website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Elementary and does not cover the use of cookies by any advertisers.Privacy Policy ChangesAlthough most changes are likely to be minor, Elementary may change its Privacy Policy from time to time, and in Elementary’s sole discretion. Elementary encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.Questions or ConcernsIf at any time you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us at hi@joinelementary.com.Last modified: January 1, 2023