Guidelines For Using Healthexcel
Trademarks and Copyrights

These guidelines are for those parties wishing to use Healthexcel’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging.

Use of the Official Metabolic Typing® logo for commercial purposes without the prior written consent of Healthexcel may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Healthexcel trademarks may be prohibited, unless expressly authorized.

Healthexcel’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities.

By using a Healthexcel trademark, in whole or in part, you are acknowledging that Healthexcel is the sole owner of the trademark and promising that you will not interfere with Healthexcel’s rights in the trademark, including challenging Healthexcel’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Healthexcel trademark.

The goodwill derived from using any part of a Healthexcel trademark exclusively inures to the benefit of and belongs to Healthexcel. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please contact Healthexcel.

Authorized Use of Healthexcel Trademarks

  1. Advertising, Promotional, and Sales Materials: Only Healthexcel may use the Healthexcel and Metabolic Typing® Logos in advertising, promotional, and sales materials. Other parties may use said logos only as specified in their agreement with Healthexcel and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Healthexcel.
  2. Publications, Seminars, and Conferences: You may use a Healthexcel word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
    • The use reflects favorably on both Healthexcel and Healthexcel products or technology.
    • Your name and logo appear more prominent than the Healthexcel word mark on all printed materials related to the publication, seminar or conference.
    • The Healthexcel or Metabolic Typing® logos or any other Healthexcel-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Healthexcel.
    • A disclaimer of sponsorship, affiliation, or endorsement by Healthexcel, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Healthexcel, Inc.”
    • A trademark attribution notice is included in the credit section giving notice of Healthexcel’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
    • Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning a Healthexcel product or technology may use the appropriate Healthexcel word mark, provided such use complies with the guidelines set forth in this document.

Unauthorized Use of Healthexcel Trademarks

  1. Company, Product, or Service Name: You may not use or register, in whole or in part, Healthexcel, Metabolic Type, Metabolic Typing® or any other Healthexcel trademark, including Healthexcel-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
  2. Healthexcel Logo and Healthexcel-owned Graphic Symbols: You may not use the Healthexcel Logos or any other Healthexcel-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written agreement with Healthexcel.
  3. Variations, Takeoffs or Abbreviations: You may not use an image of a real Healthexcel or other variation of the Healthexcel logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Healthexcel trademark for any purpose.
  4. Disparaging Manner: You may not use a Healthexcel trademark or any other Healthexcel-owned graphic symbol, logo, or icon in a disparaging manner.
  5. Endorsement or Sponsorship: You may not use Healthexcel, Metabolic Type, Metabolic Typing® or any other Healthexcel trademark, including Healthexcel-owned graphic symbols/logos, or icons, in a manner that would imply Healthexcel’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
  6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Healthexcel, Metabolic Type, Metabolic Typing® or any other Healthexcel trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Healthexcel.
  7. Healthexcel’s Trade Dress: You may not imitate the distinctive Healthexcel packaging, web site design, logos, or typefaces.
  8. Slogans and Taglines: You may not use or imitate a Healthexcel slogan or tagline.
    • For example: “Excellence In Health.”
  9. Domain Names: You may not use an identical or virtually identical Healthexcel trademark as a second level domain name.
    • Not acceptable: “metabolictype.com” “metabolictyping.com”

The Metabolic Type / Metabolic Typing® Trademark

You may not use the Metabolic Type / Metabolic Typing® trademark standing alone except to denote or refer to the Healthexcel product line.

You may not use “Healthexcel, Metabolic Type, or Metabolic Typing®” in your product name, company name, trade name, or service name.

Rules for Proper Use of Healthexcel Trademarks

Always spell and capitalize Healthexcel’s trademarks exactly as they are shown: Metabolic Type, Metabolic Typing®.

Do not shorten or abbreviate Healthexcel product names.

Do not make up names that contain Healthexcel trademarks.

Proper Trademark Notice and Attribution

  1. Distribution Within the United States Only
    • On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (®) the first time the Healthexcel trademark appears in the text of the advertisement, brochure, or other material.
    • Include an attribution of Healthexcel’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication. Following are the correct formats:

_________ and _______ are registered trademarks of Healthexcel Inc.

_________ and _______ are trademarks of Healthexcel Inc.

  1. Distribution Outside the United States:
    • Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.
    • Use one of the following international credit notices:

_________ is a trademark of Healthexcel Inc., registered in the U.S. and other countries.

_________ is a trademark of Healthexcel Inc.

Depictions of Healthexcel Products

Endorsement or Sponsorship: Healthexcel does not support the use of its logos, company names, product names, or images of Healthexcel products by other parties in marketing, promotional or advertising materials as their use may create the perception that Healthexcel endorses or sponsors the product, service or promotion.

For further information with respect to Healthexcel’s copyrights, please submit your request in writing to the Copyright Team.

Rights and Permissions

A copyright can be an original work of authorship including software, mask works, literature, art, music, photographs, videos, etc.

If you have any questions concerning the usage or licensing of Healthexcel copyrighted materials, for example, photographs, video footage, Healthexcel advertisements or other Healthexcel materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Healthexcel material.

For use of Healthexcel copyrighted material in third party works e.g., books or publications, please submit your detailed request to Healthexcel and include the following:

  • Specific image(s) or material for which you are seeking permission
  • Surrounding copy or text to the Healthexcel material you wish to use in your project
  • Publisher, if applicable
  • Publishing date (and countries), if applicable
  • Title, if applicable
  • How Healthexcel and its products fit into your project
  • Your deadline

If you have any questions concerning the usage or licensing of Healthexcel trademarks, please submit your request to Healthexcel, admin@healthexcel.com.

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