Terms + Conditions
All users of this website agree that access to and use of it is subject to the following terms and conditions and other applicable laws. By using this website, you expressly agree and represent that you are at least 18 years of age and are otherwise legally competent and able to enter into a contract or that you are accessing and utilizing this website with the express permission and under the supervision of a parent or legal guardian.
1. General
RH Health and Nutrition LLC is a limited liability company managed, owned and operated by Rachael Hamwey (“Rachael” or “Ms. Hamwey”) and organized under the laws of the Commonwealth of Massachusetts with a principal place of business located at 3 Wheeler Road, Billerica, Massachusetts 01821 (referred to herein as “RH Health and Nutrition”, the “Company”, “we”, or “our”).
RH Health and Nutrition is the owner and operator of this website
(https://www.rhhealthandnutrition.com), (the “Site”). By accessing the Site, you agree to be bound by these Terms of Use and to use the Site in strict accordance with these Terms of Use, the Company’s Privacy Policy and any additional terms and conditions of the Company require.
Please read these Terms of Use carefully to understand our terms regarding your use of the Site and the services offered by RH Health and Nutrition. If you do not agree with these Terms of Use, your choice is not to use the Site. By accessing or using this Site, you expressly acknowledge and agree to the Site’s Terms of Use.
It is your responsibility to review these Terms of Use periodically as they may be modified, amended or updated by the Company from time to time and without any notice to you. Your continued use of the Site is deemed to constitute your acceptance of its Terms of Use, as amended.
2. Intellectual Property Rights
All Site features and functions (including, but not limited to, all information, content, design, software, text, displays, images, video and audio) are owned by RH Health and Nutrition, its licensors or other providers of such material and are protected by state, federal and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Site for personal, non-commercial use only.
You expressly acknowledge and agree not to copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
The following exceptions to the foregoing shall apply:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may download one copy of a reasonable number of pages of the Site for your own personal, non- commercial use and not for further reproduction, publication or distribution.
If the Company provides desktop, mobile or other applications for download, you may download a single copy to your personal computer or mobile device solely for your personal, non-commercial use and provided only that you agree to be bound by our end user license agreement for such applications and these Terms of Use.
You do not have the right to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
You are strictly prohibited from accessing or utilizing the Site for any commercial purposes. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, the Company will immediately revoke or suspend your right to access and utilize the Site and may require you to return or destroy any materials or information and copies thereof you in your possession, custody or control.
No right, title or interest in or to the Site or any content on the Site is owned by or transferred to you, and all rights not expressly granted are expressly reserved by RH Health and Nutrition.
Any use of the Site not expressly permitted by these Terms of Use or applicable law shall constitute a breach of these Terms of Use and may violate state and federal copyright, trademark and other applicable laws.
3. User Contributions
The Site may contain testimonials, profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow registered users to post, submit, publish, display or transmit to other users or other persons (“Post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Terms of Use.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By submitting or posting any materials or content on the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. RH Health and Nutrition shall be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You further represent and warrant:
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns;
● All User Contributions comply with these Terms of Use;
● You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
● RH Health and Nutrition is not responsible, or liable to you or to any third party, for the content or accuracy of any User Contributions posted or published on the Site by you or any third party.
4. Content Standards
The content standards set forth in these Terms of Use shall apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions shall not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
● Cause or be deceptive or misleading;
● Promote any illegal activity, or advocate, promote or assist any unlawful act;
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
● Impersonate any person or misrepresent your identity or affiliation with any person or organization;
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; and
● Give the impression that they emanate from or are endorsed by the Company or any other specific person or entity, if this is not the case.
The Company does not review all User Contribution before posted; and cannot and does not ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party and disclaims any liability whatsoever for the same.
5. Site Hyperlinks, Third Party Posts and Information
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company does not control the contents of those sites or resources accessed through hyperlinks on the Site, accepts no responsibility for them or for any loss or damage that may arise from your use of them and disclaims any liability associated with the same. You expressly acknowledge and agree that if you access third party sites, albeit via hyperlinks on the Site, you do so entirely at your own risk and are subject to the terms and conditions of use of such third party site(s).
6. Prohibited Uses
You may use the Site only for lawful purposes and in strict accordance with these Terms of Use. You expressly acknowledge and agree that you shall not access or utilize the Site as follows:
● In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
● To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
● To impersonate or attempt to impersonate the Company and any of its officers, directors, members, managers or employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
● To engage in any other conduct that restricts or inhibits another’s use or enjoyment of the Site, or which, as determined by the Company in its sole discretion, may harm the the Company or users of the Site;
● Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
● Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
● Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
● Use any device, software or routine that interferes with Site’s function, usability and operation;
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
● Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or ● Otherwise attempt to interfere with the operation, usability or functionality of the Site. 7. Monitoring and Enforcement
You expressly acknowledge and agree that the Company, at its sole discretion, has the right and authority to take the following action without any prior notice to you:
● Remove or refuse to post any User Contributions for any reason;
● Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company;
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
● Take appropriate legal action, including, but without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; or
● Permanently terminate or temporarily suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms of Use. Without
limiting the foregoing, the Company expressly reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO IDENMIFY AND HOLD HARMLESS RH HEALTH AND NUTRITION FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS THE COMPANY AND/OR LAW ENFORCEMENT AUTHORITIES.
8. Reliance on Information Posted
Information presented, posted or published on or through the Site is made available solely for general information purposes. The Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and the Company expressly disclaims all liability and responsibility arising from or associated with the same.
This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinions of the Company or Ms. Hamwey. The Company is not responsible or liable to you or any third party for the content or accuracy of any materials provided or posted by any third parties.
9. Infringement of Intellectual Property and Notice
RH Health and Nutrition specifically prohibits the posting of any content that violates or infringes its intellectual property rights (including rights of privacy and publicity) as well as those of any third party. If you believe that any material contained, posted or published on this Site infringes upon your intellectual property rights, you should notify the Company’s Registered Agent in a writing sent by certified mail, return receipt requested, of the purported infringement. Upon receipt of such notice, the Company shall act in accordance with all state and federal laws regarding the same, including, but not limited to, the Digital Millennium Copyright Act (“DMCA”).
Pursuant to DMCA, 17 U.S.C. §512(c)(3)), any such notices shall be in writing and contain the following information:
● Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.Changes to the Site
The Company, at its sole discretion, expressly reserves all rights to update, modified, alter or amend Site content from time to time and may do so without any notice to you.
11. Accessing the Site and Account Security
The Company, at its sole discretion, expressly reserves all rights to shut down, restrict access to, disable, modify, alter, or amend the Site, and any service or material it provides on or through the Site. The Company shall not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
The Company may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
12. Geographic Restrictions
RH Health and Nutrition is the owner of the Site.
The Site is intended for use only by persons located in the United States.
The Company makes no representations, warranties or claims that the contents of the Site are appropriate and/or in conformance with laws, rules, regulations, policies, procedures, etc. outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.
13. Disclaimer of Warranties
THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE TO THE PUBLIC, USERS AND REGISTERED USERS “AS-IS”. RH HEALTH AND NUTRITION DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.
THE COMPANY DOES NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT. RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL.
THE COMPANY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. THE COMPANY DOES NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CLAIMS OR DAMAGES OR HARM ATTRIBUTABLE OR ARISING OUT OF OR IN CONNECTIO WITH SUCH FEATURES.
14. Limitation of Liability
IN NO EVENT SHALL RH HEALTH AND NUTRITION HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT OR ANY AGREEMENT WITH THE COMPANY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.Indemnification
You agree to defend, indemnify and hold harmless RH Health and Nutrition and all of its past and present affiliates, licensors, service providers, officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
16. Force Majeure
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
17. Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the courts of the Commonwealth of Massachusetts.
You expressly waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Successors and Assigns
These Terms of Use shall inure to the benefit of and be binding upon the User and all of the User’s heirs, legal personal representatives, successors and assigns.
19. Entire Agreement
These Terms of Use, together with the Company’s Privacy Policy, constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
20.Waiver and Severability
No waiver by the Company of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
21.Inquiries, Comments and Concerns
Any inquiries, comments, concerns and requests for technical support and other communications relating to the Site should be directed to RH Health and Nutrition LLC.
RH Health and Nutrition LLC Website Terms of Use
Effective as of May 27, 2025
