TERMS & CONDITIONS
TEASPOON LIVING TERMS & CONDITIONS
Welcome to the Teaspoon Living website (the “Website). These general terms and conditions (“Terms and Conditions”) govern your use of the Website. By accessing and using the Website, you acknowledge that you have read and agree to these Terms and Conditions. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN YOU ARE REQUESTED TO IMMEDIATELY EXIT THIS WEBSITE.
- Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. Teaspoon Living may, from time to time and without prior notice, revise these Terms and Conditions by updating this posting. Your continued use of this Website following a posting of changes to these Terms and Conditions signifies that you accept these revisions.
- Website Content. Unless otherwise stated, all content, including but not limited to information, graphics, logos, trademarks, recipes, photographs, the HTML code that Teaspoon Living creates to generate the Website, or other materials (collectively, “Content”) included on this Website is the property of Teaspoon Living and is protected by copyright, trademark, and other intellectual property law. You may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of Content of this Website without the prior written consent of Teaspoon Living. Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use, and display this Website and the material provided hereon for your personal, non-commercial use. This includes printing or downloading the Content for your personal use. All trademarks appearing on the Website are trademarks of their respective owners. TEASPOON LIVING is the trade name and trademark of Teaspoon Living.
- Links. These Terms and Conditions apply on to the Website and not to any third party website. Teaspoon Living may, from time to time, provide links to other outside websites. Teaspoon Living is not responsible for such linked websites or the content of any of the linked websites. Teaspoon Living provides these links as an additional resource for its Website users and makes no representations regarding the content of any linked website or any companies that own, control or manage the linked websites. Consequently, you agree that Teaspoon Living is not responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, websites linked from this Website. You further agree that Teaspoon Living does not endorse any content, advertising, products or other materials on such external websites, that Teaspoon Living is not responsible for the availability of such external website, and that Teaspoon Living is not responsible or liable for any loss or damage that is caused to you in connection with your use of or reliance on any content, advertisements, recipes, products, or other resources available on any other website. You should direct any concerns with regard to any other external website to that website’s administrator.
- Community Standards and Guidelines for Conduct. You acknowledge that all content and information posted to the Website (the “Postings”) are the responsibility of the person who made such Postings. This means you are solely responsible for all Postings that you post or otherwise transmit to the Website. You agree not to use the Website to:
- Upload, post, or otherwise transmit any Postings that are infringing, unlawful, harmful, threatening, abusive, harassing, stalking, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonating of another user or person, hateful, or objectionable.
- Upload, post or otherwise transmit any advertising, promotional materials, junk mail, spam, chain letters, or other form of commercial solicitation.
- Upload, post or otherwise transmit any Postings that contain software viruses or any other code or programs designed to interrupt, destroy, or limit the Website, disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects or diminishes the quality of another’s user’s experience of the Website.
- Attempt to solicit, collect or post personal data about other Website users or about any other third party.
Even though Teaspoon Living has adopted the above guidelines for conduct for the Website’s users, you understand that by using the Website, you may be exposed to Postings that are objectionable. Under no circumstances will Teaspoon Living be liable for any Postings made by users of the Website. Teaspoon Living reserves the right to monitor areas of the Website for adherence to the community standards and guidelines for conduct, and it reserves the right to remove Postings that do not adhere to those standards and guidelines. Teaspoon Living is not responsible for maintaining a copy of any material removed from the Website, and it is not liable for any loss you incur in the event the material you upload, post or otherwise transmit to the Website is removed.
- Violations. Teaspoon Living may take any actions it deems appropriate, including, but not limited to, restricting your access to this Website or terminating its services to you if Teaspoon Living determines, in its sole discretion, that you have violated these Terms and Conditions, including the Community Standards and Guidelines for Conduct.
- Payments for and Cancellation of Services. If you purchase any of Teaspoon Living’s meal plans, group courses, personalized coaching, or other services (collectively, the “Services”), you agree to pay, using a valid credit card (or other form of payment that Teaspoon Living may accept from time to time, such as bank transfer), the applicable fees and taxes, if any, set forth in the offer that you accepted. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Teaspoon Living for any reason, Teaspoon Living reserves the right to either suspend or terminate your access to Teaspoon Living’s Services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Services, and Teaspoon Living has no liability for any overdraft or other fees that you may incur as a result of Teaspoon Living processing your payment. If you would like to discontinue receiving Teaspoon Living’s Services, you may cancel at any time. You agree that, upon your cancellation, any Services already rendered by Teaspoon Living are not refundable to you.
- Health Disclaimer. The Website provides holistic, healthy eating advice, some gluten and dairy free recipes, meal plans, health tips and other health-related content and information published on the Website. This content and information is intended only to assist you in your personal holistic, healthy eating efforts. Any dietary or nutritional information is provided as a courtesy and should not be construed as a guarantee by Teaspoon Living. Teaspoon Living is not a medical organization and cannot give you medical advice, diagnosis, treatment, or any other type of professional heath care. Nothing contained in the Website, including but not limited to recipes, meal plans, and health tips should be construed as medical advice, diagnosis or treatment, and you agree that you will take your own precautions when purchasing ingredients and implementing Teaspoon Living’s recipes, meal plans, health tips and other content and information provided by Teaspoon Living. You also agree that, when implementing Teaspoon Living’s gluten and dairy free recipes, you alone bear responsibility for ensuring that the ingredients and products you purchase are gluten and dairy free. You agree that Teaspoon Living is not responsible for your implementation of Teaspoon Living’s recipes, meal plans, and health tips, including the ingredients and products you purchase. The recipes, meal plans, health tips and other content and information provided by Teaspoon Living should not be interpreted as a substitute for a doctor or medical specialist. Teaspoon Living is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and any advice given by Teaspoon Living is not meant to take the place of advice by these heath professionals. Teaspoon Living advises you to seek medical advice before implementing the recipes, meal plans, health tips and other content and information provided on the Website. Minors, pregnant woman, individuals with dietary allergies, including but not limited to gluten and dairy allergies, and individual with any type of health condition are specifically warned to seek professional medical advice prior to adopting any of Teaspoon Living recipes, meal plans, health tips and other content and information.
- Limitation of Liability for Heath Related Claims. By using this Website, you agree to take full responsibility for your health and well-being, as well as the health and well-being of anyone else, including those in your household, for whom you implement Teaspoon Living’s recipes, meal plans, health tips and other content and information. You agree to assume all heath related risks, including the risk of trying new foods or supplements, and the risks inherent in making lifestyle changes. Except in instances of Teaspoon Living’s gross negligence or willful intent, Teaspoon Living’s total liability to you for all health related damages, losses, and causes of action will not exceed the amount paid by you, if any, arising out of your implementation of Teaspoon Living’s recipes, meal plans, health tips and other heath-related content and information.
- GENERAL DISCLAIMER. THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON THIS WEBSITE, IS PROVIDED “AS IS.” TEASPOON LIVING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THIS WEBSITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. TEASPOON LIVING AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, TEASPOON LIVING DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND MATERIAL ACCESSIBLE FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
- LIMITATION OF LIABILITY. TEASPOON LIVING AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE WEBSITE OR INFORMATION OR FUNCTIONS ON SUCH WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF TEASPOON LIVING AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. EXCEPT IN INSTANCES OF TEASPOON LIVING’S GROSS NEGLIGENCE OR WILLFUL INTENT, TEASPOON LIVING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR USING ITS SERVICES.
- Indemnification. You hereby agree to defend, indemnify and hold harmless Teaspoon Living and its proprietor from and against all claims and expenses, including attorneys’ fees, arising out of your use of this Website, including but not limited to your improper use of the Website, your violation of these Terms and Conditions, and your infringement (or the infringement or improper use by any other user of your account) of any intellectual property or other right of any person or entity.
- Scope. The scope of these Terms and Conditions are worldwide.
- Governing Law and Dispute Resolution. These Terms and Conditions and all information on this Website are governed by and will be construed in accordance with the laws of the State of California and of the United States of America. If any dispute arises out of or in relation to these Terms and Conditions or your use of the Website and if the dispute cannot be settled by direct negotiations, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing arbitration. If the parties fail to settle the dispute within 90 days of mediation, either party may initiate binding arbitration. One arbitrator will conduct the arbitral proceedings, in English, in accordance with American Arbitration Association (“AAA”) Rules. The parties will submit true copies of all documents considered relevant with their respective statement of claim or defense and any counterclaim or reply. Neither party may compel the other to produce additional documents. The maximum number of witnesses each party may call to give evidence is two witnesses of fact and one expert witness. The arbitrator shall not have the power to award, nor shall the arbitrator award, any punitive, indirect or consequential damages. Each party will bear its own costs of legal representation and witness expenses. The arbitrator’s award is final and binding.
- Contact Information. For further information or to contact Teaspoon Living with questions, concerns, or comment, please email me at firstname.lastname@example.org.
Use of this Website signifies your agreement to these Terms and Conditions.