Terms and Conditions
Thank you for your interest in “Eat This, Not That!”, which is owned and operated by ETNT! LLC (“Company”, “we”, “us”, “our”).
Except as otherwise noted herein, these terms and conditions (these “Terms”) govern your use of the following sites. “eatthis.com” (the “Information Site”), and its affiliate site “shop.eatthisnotthat.com” (the “Shopping Site”, and together with the Information Site, the “Sites”), and any other online and mobile application operated by the Company on behalf of itself and/or its affiliates that post a link to these Terms. Please read these Terms carefully, because your use of the Sites constitutes your agreement to follow and be bound by these Terms.If you do not agree to these Terms, you should not access or use the Sites. Although you may “bookmark” a particular portion of any of the Site and thereby bypass these Terms, your use of the Sites still binds you to these Terms. Company reserves the right to make changes to the Sites and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Sites because by visiting any of the Sites, you agree to accept any such changes. Company provides you with access to and use of the Sites subject to your compliance with these Terms.
We maintain the Sites as a service to you and the Internet community. Except as specifically permitted on the Sites, no material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. The Sites, including all of its information and contents, such as text (including Company’s name, logo and other marks), data, articles, newsletters, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML (collectively, the “Content”) used to generate the pages are Company’s property or that of our suppliers, partners or licensees, and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any pages from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Company. We grant you a personal, limited, non-exclusive, non-transferable license to access the Sites and to use the information and services contained here.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products for sale and services described on the Sites and to terminate, change, suspend or discontinue any aspect of any Site, including, but not limited to, the features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
1. Proprietary Rights
As between you and Company (or any other company whose marks appear on the Sites), Company (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Sites, and is the copyright owner or licensee of all materials and content, including, without limitation the Content on the Sites, and the arrangement and integration of all such Content, unless otherwise indicated. The Company logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Company and may be registered in the United States and internationally. You agree not to display or use the Company Intellectual Property in any manner without Company’s prior permission. Nothing on the Sites should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of Company.
Except as otherwise provided herein, use of the Sites does not grant you a license to any Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Sites is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Company. If you make use of the Sites other than as provided herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Sites including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements, is protected by law including, but not limited to, copyright law.
2. Medical Information
THE CONTENT AND OTHER INFORMATION PRESENTED ON THE INFORMATION SITE ARE FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. DO NOT START A DIET OR FITNESS PROGRAM WITH US IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. COMPANY RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBERSHIP OR USE OF THE SITE IF WE DETERMINE THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN MEDICAL CONDITIONS. COMPANY RESERVES THE RIGHT TO CANCEL YOUR USER ACCOUNT SHOULD YOU VIOLATE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POSTED POLICY ON THE SITE.
The process of becoming a user of the Information Site (each, a “User”) or a member of the Shopping Site (each, a “Member”) requires entry of certain personal information and, among other conditions, agreement with the Terms in order to gain access to either of the Sites and to use any services in connection therewith (the “Services”).
In registering as a User and/or a Member with the intent of using either of the Sites and Services, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of the Sites and the Services.
You further affirm that either (A) all of the following statements are true: (i) you are not allergic to nuts, eggs, dairy products or any other foods; (ii) you are not presently following a diet plan provided to you by a physician or other medical professional for health reasons; and (iii) you have not been medically diagnosed as suffering from diabetes, hypoglycemia, heart disease, high cholesterol or high blood pressure; or (B) your physician has specifically approved your use of the Sites and the Services.
If you are a woman, in becoming a Member with the intent of using the Sites and the Services, you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of the Site and Services.
You are advised that health, diet & fitness advice is often subject to updating and refining due to medical research and developments. No assurance can be given that the Content will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
3. Offer, Payment and Billing Terms and Conditions
The Sites are currently offered free of charge. Company reserves the right, at any time, to discontinue the Sites and/or to begin charging an access or service fee for use of the Sites. The Sites may be discontinued without advance notice and if it is discontinued any information you have stored or saved on the Site may be lost. In the event Company decides to charge for access to either of the Sites, you will be provided with notice that in order to access such Site(s) you will need to re-register and pay an access fee. If you do not re-register and pay the required fee, you will no longer have access to the Site(s) or any information you have stored or saved on the Site(s).
A. Term and Renewal: The initial term of this Agreement shall be one year from the date of initial registration as a User on the Information Site, and/or a Member of the Shopping Site), unless earlier terminated by Company. Upon expiration of the initial membership term, your account(s) will automatically renew for consecutive one year periods. Notwithstanding anything to the contrary herein, Company may terminate this Agreement and your access to the Sites and Services at any time and for any reason with or without advance notice to you.
B. Cancellation Policy: You may cancel your access to either of the Sites after your initial registration. To cancel your User account: enter “Preference Center” and then click to unsubscribe from the Information Site newsletter. To cancel your Member account, enter “My Account” and then click to delete your Member Account. For either of the Sites, to cancel via email: send a message to email@example.com. You will receive confirmation that your membership has been canceled.
Upon cancellation, your account will be terminated effective immediately. We, in our sole, discretion shall have the right but not the responsibility to delete all of the account information provided by you upon termination of your account.
C. Payment and Billing Policies: Certain products or services may be offered for sale on the Shopping Site. In the event you wish to purchase or to subscribe for any of these products, you will be asked by Company to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Company with the foregoing information as well as any other information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Company reserves the right at any time after receipt of an order to accept or decline such order, or any portion thereof in Company’s sole discretion, even after receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from the Shopping Site for resale by you or any other person, and you may not resell any item purchased from the Shopping Site. In the event a product is listed on the Shopping Site at an incorrect price, Company shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
4. General Terms and Conditions
A. Minimum Age Requirements:
You must be 18 years of age or older to sign up for the Sites.
You acknowledge that Company is located in the United States and will process and store your information in the U.S., and that as a result, U.S. governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the U.S.
C. Accounts, Passwords and Security: You must complete the registration process by providing Company with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Company that is untrue, inaccurate, not current or incomplete, Company reserves the right to terminate this Agreement and your continued access and use of the Sites.
As part of the registration process for the Shopping Site, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Company or another party due to someone else using your account or password.
D. Promotions: Company occasionally provides contests, sweepstakes, games and other Company or third party promotions on the Sites. The rules, regulations and procedures governing any of the foregoing promotions shall be accessible through a hyperlink displayed on the web page where the applicable promotion is located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
E. Limited License: Company grants to you a limited personal, non-exclusive, non-sublicensable and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
F. User/Member Submissions: You acknowledge that any comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted and offered to Company on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Sites (collectively “Submissions”), shall be and remain Company’s property. Such disclosure, submission or offer of any Submissions shall constitute an assignment to Company of all worldwide rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Thus, Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. Company is and shall be under no obligation (i) to maintain any Submissions in confidence, (ii) to pay user any compensation for any Submissions or (iii) to respond to any Submissions.
You agree that no Submissions submitted by you to the Sites will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Submissions submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
G. Prohibited Activities: In connection with your use of the Sites, you acknowledge and agree that you will not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites; (ii) access the Sites by any means other than through the standard industry-accepted or Company-provided or authorized interfaces; (iii) transmit and/or post any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity; (iv) impersonate any person or entity, including without limitation, a Company official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; (v) post or transmit any material that contains a virus or corrupted data; (vi) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (vii) engage in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol, and communicate, transmit, or post material that is in violation of applicable laws or regulations; (viii) upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ix) delete or revise any material posted by any other person or entity; (x) communicate, transmit, or transfer (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws (xi) manipulate or otherwise display the Sites by using framing or similar navigational technology; (xii) attempt to interfere in any way with the Sites’ or Company’s networks or network security, or attempting to use the Sites’ service to gain unauthorized access to any other computer system (xiii) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Company product or service if you are not expressly authorized by such party to do so; or (xiv) use the Sites for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Sites in any manner that could damage, disable, overburden or impair Company’s servers or networks, or interfere with any other user’s use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to the Sites, services, accounts, computer systems or networks connected to Company through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
H. Security Rules: Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any Users or Members who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Company server or account, which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Sites, our provision of services to any other visitors to our Sites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mailbombing” or “crashing” the Sites; and (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Sites.
I. Disclaimers and Limitation of Liability:
Company publishes information on its Sites as a convenience to its visitors. While Company attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sites at any time without notice (including, without limitation, after you have submitted a purchase order). Company does not claim that the information in the Sites is appropriate to your jurisdiction or that the products described in its Shopping Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITES, WHICH IS PROVIDED “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITES, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITES, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITES OR ITS FUNCTION OR THE CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS AND/OR MEMBERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Company makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from the Sites. Hyperlinks are included solely for your convenience, and Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Further Company has no responsibility for the privacy practices of such non-Company sites. Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Sites.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITES OR THE CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
J. Indemnity: You agree to defend, indemnify and hold Company, its directors, officers, employees, agents, licensors, suppliers and affiliates harmless from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees and costs, in any way arising from, related to or in connection with the use of the Sites, violation of these Terms or the posting or transmission of any materials on or through the Sites by you (or any other person accessing the site through your account), including, but not limited to, any third-party claim that any information or materials infringes any third party proprietary right.
K. Disputes:Any dispute relating in any way to these Terms, your visit to the Sites, or to any transaction with Company shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any Company Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
L. Notices: Company may deliver notice to you by means of electronic mail, a general notice on the site or by written communications delivered by U.S. mail to your address on record in the Shopping Site account information.
M. Geographic Limits of Service: We control and operate the Sites from the United States, and all information is processed within the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Sites. Software that may be downloaded from the Sites is subject to export controls under the laws and regulations of the United States. By visiting and using our Sites, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (including without limitation, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government’s lists of prohibited and restricted parties.
N. Miscellaneous Terms and Conditions: These Terms constitute the entire agreement between you and Company and govern your use of the Sites, and they supersede any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Sites. Company may terminate the Terms and deny you access to the Sites at any time, immediately and without notice, if in Company’s sole discretion you fail to comply with any provision of these Terms. The provisions relating to Proprietary Rights, Disclaimers and Limitation of Liability, Indemnity, Disputes, and Notices, shall survive any termination. You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of the Terms or your use of the Sites. Any claim or cause of action you may have with respect to Company or the Sites must be commenced within one (1) year after the claim or cause of action arose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law. If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of these Terms will remain in place. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York. You may not assign these Terms or any of your rights or obligations under these Terms without Company’s express written consent. These Terms inure to the benefit of Company’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Sites, or to provide any notice under these Terms to us please send an e-mail to firstname.lastname@example.org.
Last revised on January 29, 2015