Terms and Conditions

Terms and Conditions of Use

ABHD, Inc. (“ABHD”, “we” or “us”) maintains this web site (the “ABHD Website”) to provide information about ABHD, its ABHD program, the Artisan Bistro products that may be purchased online and other related matters.  The ABHD Website also provides information regarding parties that may be affiliated with ABHD.  We make the ABHD Website available to the public, subject to the terms and conditions that are set forth below.

These Terms and Conditions of Use (these “Terms and Conditions”) set forth the legally binding terms for your use of the ABHD Website.  PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.  By visiting the ABHD Website, you signify that you have read, understand and agree to be bound by these Terms and Conditions, whether or not you purchase any ABHD product.  You are only authorized to access and use the ABHD Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and all of these Terms and Conditions without limitation or qualification.  If you do not agree to be bound by all of these Terms and Conditions and to follow all applicable laws, you should leave the ABHD Website immediately.

ABHD Website Usage

You may display and print information from the ABHD Website for your own personal, non-commercial use only.  You may not sell, re-publish, distribute, transmit, display, re-use or re-post any Content, feature or other material from the ABHD Website or interfere in any way with its proper functioning.  All such uses are strictly prohibited without ABHD’s express prior written consent, and such consent may be given or withheld in ABHD’s sole discretion.  You also agree that you will not in any way modify, move, add to, delete from or tamper with any Content or use the any Content for public or commercial purposes.  ABHD reserves the right to suspend or terminate access to the ABHD Website by anyone who violates these Terms and Conditions or any applicable law or whose conduct is harmful to the interests of ABHD, its personnel, any persons or entities affiliated with ABHD (“Affiliates”) or any third-party licensors.  ABHD may take steps to prohibit access and/or use without prior notice to any such user.  Please review ABHD’s Privacy Policy for information about our use of information collected through the ABHD Website.

 

Eligibility

By using the ABHD Website, you represent and warrant that:  (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are an individual, you are 18 years of age or older; (d) your use of the ABHD Website does not violate any applicable law or regulation; and (e) you are fully able and competent to read, understand and comply with these Terms and Conditions.

Password Responsibility

When you sign up and create a personal account on the ABHD Website, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username or password of another person at any time or to disclose your password to any third party.  You agree to notify ABHD immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

Content Ownership; Images; Trademarks

All content on the ABHD Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively, “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the ABHD Website are the property of ABHD or its Affiliates or third parties that have licensed Content and software for use on the ABHD Website.  All Content and software are protected by U.S. and international copyright laws, trademark laws, the laws of privacy and publicity and communications laws and regulations, and may not be used except as provided in these Terms and Conditions.

ABHD neither represents nor warrants that your use of any Content or software will infringe rights of third parties.  While ABHD uses reasonable efforts to include accurate and up to date information in the ABHD Website, ABHD makes no warranties or representations as to its accuracy or correctness.  ABHD assumes no liability or responsibility for any errors or omissions in any Content.

The trademarks and service marks (collectively the “Trademarks”) displayed on the ABHD Website are registered and unregistered Trademarks of ABHD and others.  Nothing contained on the ABHD Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the ABHD Website without the express prior written permission of ABHD or third owner of the Trademarks displayed on the ABHD Website.  Your misuse of the Trademarks displayed on the ABHD Website, or any other content on the ABHD Website, except as provided in these Terms and Conditions, is strictly prohibited.

You are also advised that ABHD will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

NO MEDICAL ADVICE PROVIDED

The Artisan Bistro Pro meals are not a medical item or service.  The Artisan Bistro Pro meals are not intended to diagnose, treat, cure or prevent any illness, medical condition or disease. The content on this ABHD Website is provided for informational purposes only and is not intended to be a substitute for professional medical advice.  You should consult your physician or other qualified health provider before beginning any dietary program.  At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider.  None of the contents of this ABHD Website are intended to be relied upon for medical treatment or diagnosis.  Any opinions expressed on this ABHD Website are the opinions of the authors and neither ABHD, any of its Affiliates or any of their respective employees or agents assumes any liability for the contents of any materials provided on the ABHD Website.  Reliance upon any opinion or advice provided on the ABHD Website is at your own risk.  Neither ABHD, any of its Affiliates or any of their respective employees assumes liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this ABHD Website.

Commissions

Artisan Bistro Pro compensates Metagenics for its assistance with various marketing activities.  Similarly, Artisan Bistro Pro pays commissions to physician practices that assist Artisan Bistro Pro in the sale of these non-medical products.

User Communications and postings

With respect to all communications or material you transmit to the ABHD Website by electronic mail or otherwise, including but not limited to feedback, questions, comments, suggestions and the like:  (a) you shall have no right to confidentiality in your communications and ABHD shall have no obligation to protect your communications from disclosure; (b) ABHD and its Affiliates shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) ABHD and its Affiliates shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Although ABHD may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the ABHD Website, ABHD is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the ABHD Website.  You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.  ABHD will fully cooperate with any law enforcement authorities or court order requesting or directing ABHD to disclose the identity of anyone posting any such information or materials.

Disclaimers

ABHD IS NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR INACCURATE CONTENT (OTHER THAN CONTENT CREATED BY ABHD) POSTED ON THE ABHD SITE OR IN CONNECTION WITH ANY ABHD PRODUCTS OR SERVICES, WHETHER CAUSED BY A USER OF THE ABHD WEBSITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN CONNECTION WITH THE ABHD WEBSITE.  INFORMATION CREATED AND POSTED ON THE ABHD WEBSITE MAY INCLUDE INFORMATION OR CONTENT PROVIDED BY THIRD PARTIES (“THIRD PARTY CONTENT”), INCLUDING OPINIONS AND ADVICE OF EXPERTS IN DIFFERENT FIELDS, AND MAY ALSO CONTAIN LINKS TO OTHER WEB SITES (“THIRD PARTY SITES”).  ABHD IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, STATEMENTS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES CONTAINED IN ANY THIRD PARTY CONTENT OR ON ANY THIRD PARTY SITE, AND ABHD IN NO WAY INVESTIGATES, MONITORS OR CHECKS FOR ACCURACY OR COMPLETENESS OF ANY SUCH CONTENT OR SITE.  IN ADDITION, ABHD CANNOT AND DOES NOT GUARANTEE THAT THIRD PARTY SITES WILL COMPLY WITH ANY OF THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE.  INCLUSION OF ANY THIRD PARTY CONTENT OR LINK TO THIRD PARTY SITE ON THE ABHD WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE THIRD PARTY CONTENT OR LINKED SITE BY ABHD.  IF YOU DECIDE TO USE OR ACCESS ANY THIRD PARTY SITE, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF USE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH WEB SITE.  PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

Links to third party sites may be included in advertisements for third-party services, or they may be accompanied by descriptions of third-party services.  All links to third party sites are provided for your convenience only.  Neither ABHD nor its Affiliates control the content or operation of any linked third party sites, and we disclaim any responsibility for any product, service or information provided on any linked THIRD PARTY site.

ABHD ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. WITHOUT LIMITING THE FOREGOING, ABHD DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE ABHD WEBSITE OR THE SERVER THAT MAKES THE ABHD WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ABHD IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS CAUSED BY TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE ABHD WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THE ABHD WEBSITE.

YOUR USE OF THE ABHD WEBSITE IS AT YOUR OWN RISK.  THE ABHD WEBSITE AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE ABHD WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ABHD DISCLAIMS ALL WARRANTIES (WHETHER STATUTORY, EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS or any warranty that the ABHD Website will operate uninterrupted or error free.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ABHD, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM:  (A) YOUR USE OR YOUR INABILITY TO USE THE ABHD WEBSITE OR ANY APPLICATIONS, FEATURES, CONTENT, THIRD PARTY CONTENT OR THIRD PARTY SITES MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE ABHD WEBSITE; OR (B) ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE ABHD WEBSITE, EVEN IF ABHD OR AN AUTHORIZED REPRESENTATIVE OF ABHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, ABHD’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN NO EVENT WILL ABHD’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE ABHD SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE ABHD SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ABHD DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM, OR THE SUM OF $100.00, WHICHEVER IS GREATER.

 

Security

You shall not violate or attempt to violate the security of the ABHD Website.  Violations of system or network security may result in civil or criminal liability.  ABHD reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with government authorities in investigating such occurrences and prosecuting users who have participated in such violations.

You are responsible for maintaining the confidentiality of all passwords used to access your account and for all activity that occurs with respect to your account.  If you become aware of any unauthorized use of any password or of your account, you agree to notify ABHD immediately.

Order Acceptance and Shipment

Your placement of an order does not necessarily assure that ABHD will accept your order.  We may require additional information regarding your order if you have not provided all of the information required by us to complete it.  Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment.

Termination and Changes to ABHD WEBSITE OR product offerings

ABHD reserves the right to change any aspect or feature of the ABHD Website or any of the products that it offers at any time without notice, and may also introduce improvements, upgrades and updates to the ABHD Website.  You acknowledge and agree that such changes, improvements, upgrades and updates may change the appearance of Content displayed thereon.  You also acknowledge that in order to implement such improvements, upgrades and updates, ABHD may need to temporarily suspend activity on the ABHD Website.

 

 

Governing Law

This ABHD Website is created and maintained in the State of California, USA.  As such, the laws of the State of California govern these Terms and Conditions without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied.  If there is any dispute relating to the ABHD Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of California, acknowledge that venue is only proper in the state and federal courts in Orange County, California and waive any objection you may have in the future with respect to any of the foregoing.  Any claim or action that any party may have arising from or related to use of the ABHD Website must be filed within one year after the claim or cause of action arises.  Any claim or action not filed within such time will be forever barred.

Entire Agreement; MODIFICATION

These Terms and Conditions and the Privacy Policy constitute the entire agreement between ABHD and you with respect to the ABHD Website.  No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

ABHD may at any time revise these Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions by which you are bound.