These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and
Bravarb
Technology
LLC
bravarb.com
website as
well as any other media form, media channel, mobile website or mobile
application
related,
linked,
or otherwise connected thereto (collectively, the “Site”).
North Carolina ,
United
States
.
Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated herein by reference. We reserve the right,
in
our
sole
discretion,
to make changes or modifications to these Terms of Use
at
any
time and for any reason
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would
be
contrary to
law or
regulation or which would subject us to any registration requirement within
such
jurisdiction or
country. Accordingly, those persons who choose to access the Site from other
locations do so
on
their own initiative and are solely responsible for compliance with local
laws,
if
and to
the
extent
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security
Management
Act
(FISMA),
etc.), so if your interactions would be subjected to such laws, you may not
use
this
Site.
You
may
not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States,
international
copyright laws, and international conventions. The Content and the Marks are
provided on the
Site “AS IS” for your information and personal use only. Except as expressly
provided in
these
Terms
of Use, no part of the Site and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or
print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the
Marks.
By
using the
Site, you
represent and warrant that:
(1) all
registration
information
you
submit will be true, accurate, current, and complete;
(2) you will
maintain
the
accuracy of
such information and promptly update such registration
information
as
necessary
;
(3) you
have
the
legal
capacity
and you agree to comply with these Terms of Use;
(4) you are not a minor
in
the
jurisdiction
in
which you reside
, or if a minor, you have received
parental
permission to
use
the
Site
; (5) you will not access
the
Site
through
automated or non-human means, whether through a bot, script, or
otherwise;
(6) you will not use the
Site
for
any
illegal
or
unauthorized purpose; and (7) your use of the Site
will
not
violate
any
applicable law or regulation.
If
you
provide
any
information that is untrue, inaccurate, not current, or incomplete, we
have
the
right to
suspend
or terminate your account and refuse any and all current or future use
of
the
Site (or
any
portion thereof).
You
may
be
required to register with the Site. You agree to keep your
password
confidential
and
will be responsible for all use of your account and password. We
reserve
the
right
to
remove, reclaim, or change a username you select if we
determine, in
our
sole
discretion, that such username is inappropriate, obscene, or
otherwise
objectionable.
You
may
not
access
or
use the Site for any purpose other than that for which we make the Site
available. The
Site
may
not be used in connection with any commercial endeavors except those
that
are
specifically
endorsed or approved by us.
As
a
user
of
the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
-
Use
the Site as part of any effort to compete with
us or
otherwise
use
the
Site and/or the Content for any
revenue-generating
endeavor or
commercial
enterprise.
-
Use
the Site to advertise or offer to sell goods and
services.
-
Sell
or otherwise transfer your
profile.
6. USER
GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any
use
of
the Site in violation of the foregoing violates these Terms
of
Use
and may
result
in, among other things, termination or suspension of your
rights
to
use the
Site.
7. CONTRIBUTION
LICENSE
By
posting
your Contributions to any part of the Site
or making Contributions
accessible to
the
Site by
linking your account from the Site to any of
your
social
networking
accounts
, you automatically grant, and you represent and
warrant
that
you have
the
right to grant, to us an unrestricted, unlimited,
irrevocable,
perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide
right, and
license
to host, use, copy, reproduce, disclose, sell, resell,
publish,
broadcast,
retitle,
archive, store, cache, publicly perform, publicly display,
reformat,
translate,
transmit, excerpt (in whole or in part), and distribute such
Contributions
(including, without limitation, your image and voice) for
any
purpose,
commercial,
advertising, or otherwise, and to prepare derivative works
of,
or
incorporate
into
other works, such Contributions, and grant and authorize
sublicenses
of the
foregoing. The use and distribution may occur in any media
formats
and
through
any
media channels.
This
license will apply to any form, media, or technology now
known
or
hereafter
developed, and includes our use of your name, company name,
and
franchise
name,
as
applicable, and any of the trademarks, service marks, trade
names,
logos,
and
personal and commercial images you provide. You waive all
moral
rights in
your
Contributions, and you warrant that moral rights have not
otherwise
been
asserted in
your Contributions.
We
do
not
assert any ownership over your Contributions. You retain
full
ownership of
all
of
your Contributions and any intellectual property rights or
other
proprietary
rights
associated with your Contributions. We are not liable for
any
statements or
representations in your Contributions provided by you in any
area on
the
Site.
You
are solely responsible for your Contributions to the Site
and
you
expressly
agree to
exonerate us from any and all responsibility and to refrain
from
any
legal
action
against us regarding your Contributions.
We
have the
right, in
our sole and absolute discretion, (1) to edit, redact, or otherwise
change
any
Contributions;
(2) to re-categorize any Contributions to place them in more appropriate
locations on
the
Site;
and (3) to pre-screen or delete any Contributions at any time and for
any
reason,
without
notice. We have no obligation to monitor your Contributions.
8. GUIDELINES
FOR REVIEWS
We
may
provide
you
areas on the Site to leave reviews or ratings. When posting a review,
you
must
comply
with
the
following criteria: (1) you should have firsthand experience with the
person/entity
being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive,
racist,
offensive, or hate language; (3) your reviews should not contain
discriminatory
references
based
on religion, race, gender, national origin, age, marital status, sexual
orientation, or
disability; (4) your reviews should not contain references to illegal
activity;
(5) you
should
not be affiliated with competitors if posting negative reviews; (6) you
should
not make
any
conclusions as to the legality of conduct; (7) you may not post any
false or
misleading
statements; and (8) you may not organize a campaign encouraging others
to
post
reviews,
whether
positive or negative.
We
may
accept,
reject,
or remove reviews in our sole discretion. We have absolutely no
obligation
to
screen
reviews
or
to delete reviews, even if anyone considers reviews objectionable or
inaccurate.
Reviews
are
not
endorsed by us, and do not necessarily represent our opinions or the
views
of
any of our
affiliates or partners. We do not assume liability for any review or for
any
claims,
liabilities, or losses resulting from any review. By posting a review,
you
hereby grant
to
us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable,
and
sublicensable
right and license to reproduce, modify, translate, transmit by any
means,
display,
perform,
and/or distribute all content relating to reviews.
9. MOBILE
APPLICATION LICENSE
If you access the
Site via a mobile application, then we grant you a revocable,
non-exclusive,
non-transferable, limited right to install and use the mobile
application on
wireless electronic devices owned or controlled by you, and to
access
and use
the mobile application on such devices strictly in accordance
with
the
terms
and conditions of this mobile application license contained in
these
Terms of
Use.
You shall not: (1) except as permitted by applicable law,
decompile,
reverse
engineer,
disassemble, attempt to derive
the source code of, or decrypt the application; (2) make any
modification,
adaptation, improvement, enhancement, translation, or derivative
work
from the
application; (3) violate any applicable laws, rules, or
regulations
in
connection with your access or use of the application; (4)
remove,
alter, or
obscure any proprietary notice (including any notice of
copyright or
trademark)
posted by us or the licensors of the application; (5) use the
application for
any revenue generating endeavor, commercial enterprise, or other
purpose
for
which it is not designed or intended; (6) make the application
available
over a
network or other environment permitting access or use by
multiple
devices or
users at the same time; (7) use the application for creating a
product,
service, or software that is, directly or indirectly,
competitive
with
or in
any way a substitute for the application; (8) use the
application to
send
automated queries to any website or to send any unsolicited
commercial
e-mail;
or (9) use any proprietary information or any of our interfaces
or
our
other
intellectual property in the design, development, manufacture,
licensing, or
distribution of any applications, accessories, or devices for
use
with
the
application.
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play
(each an
“App
Distributor”) to access the Site: (1) the license granted to you
for
our
mobile
application is limited to a non-transferable license to use the
application on a
device
that utilizes the Apple iOS or Android operating systems, as
applicable,
and in
accordance with the usage rules set forth in the applicable App
Distributor’s
terms
of
service; (2) we are responsible for providing any maintenance
and
support
services
with
respect to the mobile application as specified in the terms and
conditions of
this
mobile application license contained in these Terms of Use or as
otherwise
required
under applicable law, and you acknowledge that each App
Distributor
has
no
obligation
whatsoever to furnish any maintenance and support services with
respect
to the
mobile
application; (3) in the event of any failure of the mobile
application
to
conform to
any
applicable warranty, you may notify the applicable App
Distributor,
and
the App
Distributor, in accordance with its terms and policies, may
refund
the
purchase
price,
if any, paid for the mobile application, and to the maximum
extent
permitted by
applicable law, the App Distributor will have no other warranty
obligation
whatsoever
with respect to the mobile application; (4) you represent and
warrant
that (i)
you
are
not located in a country that is subject to a U.S. government
embargo,
or that
has
been
designated by the U.S. government as a “terrorist supporting”
country
and (ii)
you
are
not listed on any U.S. government list of prohibited or
restricted
parties; (5)
you
must
comply with applicable third-party terms of agreement when using
the
mobile
application,
e.g., if you have a VoIP application, then you must not be in
violation
of their
wireless data service agreement when using the mobile
application;
and
(6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of
the
terms and conditions in this mobile application license
contained in
these Terms
of
Use,
and that each App Distributor will have the right (and will be
deemed to
have
accepted
the right) to enforce the terms and conditions in this mobile
application
license
contained in these Terms of Use against you as a third-party
beneficiary
thereof.
10. SOCIAL
MEDIA
As part of the functionality of the Site, you may link
your account with online accounts you have with third-party service providers
(each
such
account, a
“Third-Party Account”) by either: (1) providing your Third-Party Account login
information
through
the
Site; or (2) allowing us to access your Third-Party Account, as is permitted
under
the
applicable
terms
and conditions that govern your use of each Third-Party Account. You represent
and
warrant that
you
are
entitled to disclose your Third-Party Account login information to us and/or
grant
us
access to
your
Third-Party Account, without breach by you of any of the terms and conditions
that
govern your
use
of
the applicable Third-Party Account, and without obligating us to pay any fees or
making
us
subject
to
any usage limitations imposed by the third-party service provider of the
Third-Party
Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may
access,
make
available,
and store (if applicable) any content that you have provided to and stored in
your
Third-Party
Account
(the “Social Network Content”) so that it is available on and through the Site
via
your
account,
including without limitation any friend lists and (2) we may submit to and
receive
from
your
Third-Party
Account additional information to the extent you are notified when you link your
account
with
the
Third-Party Account. Depending on the Third-Party Accounts you choose and
subject to
the
privacy
settings that you have set in such Third-Party Accounts, personally identifiable
information
that
you
post to your Third-Party Accounts may be available on and through your account
on
the
Site.
Please
note
that if a Third-Party Account or associated service becomes unavailable or our
access to
such
Third
Party Account is terminated by the third-party service provider, then Social
Network
Content may
no
longer be available on and through the Site. You will have the ability to
disable
the
connection
between
your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE
THAT
YOUR
RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS
IS
GOVERNED
SOLELY
BY
YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review
any
Social
Network Content for any purpose, including but not limited to, for accuracy,
legality,
or
non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and
agree
that we may access your email address book associated with a Third-Party Account
and
your
contacts
list
stored on your mobile device or tablet computer solely for purposes of
identifying
and
informing
you
of
those contacts who have also registered to use the Site. You can deactivate the
connection
between
the
Site and your Third-Party Account by contacting us using the contact information
below
or
through
your
account settings (if applicable). We will attempt to delete any information
stored
on
our
servers
that
was obtained through such Third-Party Account, except the username and profile
picture
that
become
associated with your account.
11. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the
Site
("Submissions")
provided by you to us are non-confidential and shall become our sole
property.
We
shall own
exclusive rights, including all intellectual property rights, and shall be
entitled
to the
unrestricted use and dissemination of these Submissions for any lawful
purpose,
commercial
or
otherwise, without acknowledgment or compensation to you. You hereby waive
all
moral
rights
to
any
such Submissions, and you hereby warrant that any such Submissions are
original
with
you or
that
you
have the right to submit such Submissions. You agree there shall be no
recourse
against us
for
any
alleged or actual infringement or misappropriation of any proprietary right
in
your
Submissions.
12. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles,
photographs,
text,
graphics,
pictures, designs, music, sound, video, information, applications, software, and
other
content
or
items
belonging to or originating from third parties ("Third-Party Content"). Such
Third-Party
Websites
and
Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness,
or
completeness by us, and we are not responsible for any Third-Party Websites
accessed
through the
Site or
any Third-Party Content posted on, available through, or installed from the
Site,
including the
content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies
of
or
contained
in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or
permitting the
use
or
installation of any Third-Party Websites or any Third-Party Content does not
imply
approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party
Websites
or to
use
or install any Third-Party Content, you do so at your own risk, and you should
be
aware
these
Terms
of
Use no longer govern. You should review the applicable terms and policies,
including
privacy and
data
gathering practices, of any website to which you navigate from the Site or
relating
to
any
applications
you use or install from the Site. Any purchases you make through Third-Party
Websites
will be
through
other websites and from other companies, and we take no responsibility
whatsoever in
relation to
such
purchases which are exclusively between you and the applicable third party. You
agree
and
acknowledge
that we do not endorse the products or services offered on Third-Party Websites
and
you
shall
hold
us
harmless from any harm caused by your purchase of such products or services.
Additionally, you
shall
hold us harmless from any losses sustained by you or harm caused to you relating
to
or
resulting
in
any
way from any Third-Party Content or any contact with Third-Party
Websites.
We allow advertisers to display their advertisements
and other information in certain areas of the Site, such as
sidebar
advertisements
or
banner advertisements. If you are an advertiser, you shall take
full
responsibility
for
any advertisements you place on the Site and any services
provided
on
the Site
or
products sold through those advertisements. Further, as an
advertiser,
you
warrant
and
represent that you possess all rights and authority to place
advertisements on
the
Site,
including, but not limited to, intellectual property rights,
publicity
rights,
and
contractual rights.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
15. PRIVACY
POLICY
We care about data privacy and security. Please review
our
Privacy
Policy:
bravarb.com/private.html
. By using the Site,
you
agree to be
bound by
our Privacy Policy, which is incorporated into these Terms of Use.
Please be
advised
the
Site is hosted in
United
States
United
States
United
States
United
States
16. COPYRIGHT
INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe
that any
material
available on or through the Site infringes upon any copyright you own or control, please
immediately
notify
us
using the contact information provided below (a “Notification”). A copy of your
Notification
will be
sent to
the
person who posted or stored the material addressed in the Notification. Please be
advised
that
pursuant
to
applicable law you may be held liable for damages if you make material
misrepresentations in
a
Notification.
Thus, if you are not sure that material located on or linked to by the Site infringes
your
copyright,
you
should
consider first contacting an attorney.
These
Terms
of
Use
shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER
PROVISION
OF
THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY
ACCESS
TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY
REASON OR
FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT
CONTAINED
IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE
OR
PARTICIPATION IN
THE
SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without
notice.
However,
we
have
no obligation to update any information on our Site. We also reserve the right to
modify
or
discontinue
all
or part of the Site without notice at any time. We will not be liable to you or any
third
party for
any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that
we
have
no
liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in
these
Terms of
Use
will
be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are
governed by and construed in accordance with the laws of
the State of
North
Carolina
applicable to agreements made and to be entirely performed within
the State of
North
Carolina
, without regard to its conflict of law principles.
Informal
Negotiations
To
expedite
resolution and control the cost of any dispute, controversy, or
claim
related to
these
Terms
of Use (each "Dispute" and collectively, the “Disputes”) brought by
either
you or us
(individually, a “Party” and collectively, the “Parties”), the
Parties
agree
to
first
attempt to negotiate any Dispute (except those Disputes expressly
provided
below)
informally
for at least
sixty (60)
days before initiating arbitration. Such informal negotiations
commence
upon
written
notice
from one Party to the other Party.
If
the
Parties
are unable to resolve a Dispute through informal negotiations, the
Dispute
(except
those
Disputes expressly excluded below) will be finally and exclusively
resolved
through
binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE
THE
RIGHT TO
SUE
IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under
the
Commercial Arbitration Rules of the American Arbitration Association
("AAA")
and,
where
appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA
Consumer
Rules"), both of which are available at the AAA website:
www.adr.org
.
Your arbitration fees and your share of
arbitrator
compensation
shall be governed by the AAA Consumer Rules
and,
where
appropriate,
limited by the AAA Consumer Rules.
The arbitration may be conducted
in
person,
through
the
submission of documents, by phone, or
online.
The
arbitrator
will make a decision in writing, but
need
not
provide a
statement of reasons unless requested by
either
Party.
The
arbitrator must follow applicable law,
and
any
award may
be
challenged if the arbitrator fails to do
so.
Except
where
otherwise required by the applicable AAA
rules
or
applicable
law, the arbitration will take place in
United States
of
America ,
North
Carolina
.
Except
as
otherwise provided herein, the Parties
may
litigate in
court
to
compel arbitration, stay proceedings
pending
arbitration, or
to
confirm, modify, vacate, or enter
judgment
on
the award
entered
by the arbitrator.
If
for
any
reason, a Dispute proceeds in court rather than arbitration, the
Dispute
shall be
commenced
or prosecuted in the
United
States of
America ,
North
Carolina
The
Parties agree that any arbitration shall be limited
to
the
Dispute
between
the Parties individually. To the full extent
permitted
by
law, (a)
no
arbitration shall be joined with any other
proceeding;
(b)
there is
no
right
or authority for any Dispute to be arbitrated on a
class-action
basis or
to
utilize class action procedures; and (c) there is no
right
or
authority
for
any Dispute to be brought in a purported
representative
capacity on
behalf
of the general public or any other persons.
The
Parties agree that the following Disputes are not
subject to
the
above
provisions concerning informal negotiations and
binding
arbitration:
(a)
any
Disputes seeking to enforce or protect, or
concerning
the
validity
of,
any
of the intellectual property rights of a Party; (b)
any
Dispute
related
to,
or arising from, allegations of theft, piracy,
invasion
of
privacy,
or
unauthorized use; and (c) any claim for injunctive
relief.
If this
provision
is found to be illegal or unenforceable, then
neither
Party
will
elect
to
arbitrate any Dispute falling within that portion of
this
provision
found to
be illegal or unenforceable and such Dispute shall
be
decided by a
court
of
competent jurisdiction within the courts listed for
jurisdiction
above,
and
the Parties agree to submit to the personal
jurisdiction
of
that
court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL,
EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS
OF
DATA, OR
OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF
SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN,
OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION,
WILL AT
ALL
TIMES
BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE three (3)
mONTH
PERIOD
PRIOR
TO
ANY CAUSE OF ACTION ARISING
. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT
APPLY
TO YOU,
AND
YOU
MAY HAVE ADDITIONAL RIGHTS.
ESPECIALLY:
- WE PROVIDE MEAL PLAN, RECIPE SEARCH, SHOPPING LIST, AND HEALTH TRACKING SERVICES. THE NUTRIMENT INFORMATION PROVIDED ON OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
- WE ARE NOT LIABLE FOR ANY HEALTH ISSUES THAT MAY ARISE FROM THE USE OF OUR WEBSITE OR THE INFORMATION PROVIDED ON IT. IT IS THE RESPONSIBILITY OF THE USER TO CONSULT WITH A MEDICAL PROFESSIONAL BEFORE MAKING ANY CHANGES TO THEIR DIET OR EXERCISE ROUTINE.
- WE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY PRACTICES OF THESE WEBSITES.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations
and
warranties
set
forth
in these Terms of Use; (5) your
violation
of
the
rights
of a
third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any
other
user
of the
Site
with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the
right, at
your
expense,
to assume the exclusive defense and control of any matter for which you are
required
to
indemnify
us,
and you agree to cooperate, at your expense, with our defense of such claims. We
will
use
reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to
this
indemnification
upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site.
Although
we
perform
regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic
communications,
and
you agree that all agreements, notices, disclosures, and other communications we
provide
to you
electronically, via email and on the Site, satisfy any legal requirement that
such
communication
be
in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS,
AND
OTHER
RECORDS,
AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED
OR
COMPLETED
BY
US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes,
regulations,
rules,
ordinances, or other laws in any jurisdiction which require an original
signature or
delivery or
retention of non-electronic records, or to payments or the granting of credits
by
any
means
other
than
electronic means.
Our company offers renewable subscriptions for access to our digital products and services. By subscribing, you agree to these terms of service, as well as our privacy policy and any additional terms and conditions that may apply.
Subscription Plans and Pricing
We offer different subscription plans and pricing options, which may vary based on the level of access and features provided. Prices are subject to change at any time, but we will provide advance notice of any changes.
Billing and Payment
By subscribing, you authorize us to charge your payment method on a recurring basis for the duration of the subscription period. You can choose to pay monthly or annually, depending on the subscription plan selected. If you choose to pay annually, you will receive a discounted price for the year. Your subscription will automatically renew at the end of each billing cycle, unless you choose to cancel.
Free Trials and Promotions
We may offer free trials or promotional pricing for new subscribers, which may require a valid payment method. After the free trial or promotional period ends, you will be automatically enrolled in the selected subscription plan, and your payment method will be charged accordingly.
Cancellation and Refunds
You can cancel your subscription at any time through your account settings. If you cancel during a billing cycle, your subscription will remain active until the end of the current billing period, and you will not be charged for the next cycle. We do not offer refunds for cancellations or unused portions of the subscription period.
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire
agreement
and
understanding
between you and us. Our failure to exercise or enforce any right or provision of
these
Terms of
Use
shall not operate as a waiver of such right or provision. These Terms of Use
operate
to
the
fullest
extent permissible by law. We may assign any or all of our rights and
obligations to
others at
any
time.
We shall not be responsible or liable for any loss, damage, delay, or failure to
act
caused by
any
cause
beyond our reasonable control. If any provision or part of a provision of these
Terms of
Use is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is
deemed
severable from these Terms of Use and does not affect the validity and
enforceability of
any
remaining
provisions. There is no joint venture, partnership, employment or agency
relationship
created
between
you and us as a result of these Terms of Use or use of the Site. You agree that
these
Terms of
Use
will
not be construed against us by virtue of having drafted them. You hereby waive
any
and
all
defenses
you
may have based on the electronic form of these Terms of Use and the lack of
signing
by
the
parties
hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or
to receive further information regarding use of the Site, please contact us
at:
These terms of use were created using Termly's Terms and
Conditions
Generator.