Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
1. Terms & Conditions – Acceptance
By accessing, using or displaying healthfulpursuit.com and all content and related services, including, but not limited to, associated blogs, e-mail subscriptions, e-books, recipes, recipe cards, the testimonial page or the submission page (collectively, the “Website“), you acknowledge having read and understood these terms and conditions of use and agree to become legally bound by them as the same may be amended as provided herein. If you do not agree to become bound by the terms and conditions of this Agreement then you may not access or use the Website. The Website is only available to individuals who are at least 13 years of age. These terms and conditions of use represent an agreement (“Agreement“) between you and HEALTHFUL PURSUIT.
HEALTHFUL PURSUIT may amend this Agreement at any time. These amendments may include, without limitation, adding to, deleting from or modifying any of the provisions in this Agreement. HEALTHFUL PURSUIT will post notice that the Agreement has been amended on its main website located at www.healthfulpursuit.com for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of the Website following the posting of the amended agreement and the posting of such notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms or conditions in the amended Agreement then you agree to immediately cease all use of the Website, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Agreement. This Agreement may not otherwise be amended.
3. Use of Website
Unless otherwise specified, HEALTHFUL PURSUIT grants you a revocable, non-exclusive, non-transferable, limited right to access, use and display the Website for your personal, non-commercial use, provided that you comply fully with this Agreement.
HEALTHFUL PURSUIT may change, add to or delete from the Website or any related services at any time without notice. You agree to bear all risks, costs and damages that you may incur or suffer as a result of those changes.
You agree that HEALTHFUL PURSUIT will not be liable for any delay or unavailability of any of the Website, whether due to an act or omission of HEALTHFUL PURSUIT or an act or omission of any third party.
4. User Submissions
HEALTHFUL PURSUIT allows you to participate in, and to contribute to message boards, bulletin boards, recipe swaps, comment entries, guest posts or similar activity by posting or uploading content and information to the Website or e-mailing or otherwise submitting content to HEALTHFUL PURSUIT (collectively, an “User Submission“). A User Submission is a public communication. HEALTHFUL PURSUIT will not be subject to any obligation of confidence in respect to an User Submission.
If, at our request or on your own, you send, email, post or otherwise transmit to the Website or to HEALTHFUL PURSUIT a User Submission, you grant HEALTHFUL PURSUIT a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any User Submission (in whole or in part and with or without the use of your name). You also grant to us a license to allow others to link to your User Submissions including in connection with commercial activities and advertising. You also permit any user of the Website to access, display, view, store and reproduce any User Submission that you have made available to the Website. You hereby agree and acknowledge that you will not receive any compensation in connection with the same.
This license will be valid for the full term of any copyrights, trade-marks and other intellectual and proprietary rights that may exist in such a User Submission. You also warrant that, to the extent you are not the exclusive holder of any copyrights, trade-marks and other intellectual and proprietary rights in a User Submission you have obtained all consents and licenses required to submit the User Submission to the Website.
Further, you hereby agree and acknowledge that by providing a User Submission you may be giving up certain proprietary rights, including the right to apply for a patent and the right to receive any economic benefit from your suggestion or comment. If you are not prepared to grant the foregoing license and to give up these rights or if you do not understand the consequences of providing an User Submission then you should not provide the same to HEALTHFUL PURSUIT.
All your Submissions may be subject to review by HEALTHFUL PURSUIT prior to posting the same to the Website; however, HEALTHFUL PURSUIT is under no obligation to do so and assumes no responsibility or liability arising from the content of any User Submissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality or inaccuracy contained in any User Submission. HEALTHFUL PURSUIT may refuse to post any User Submission and may remove the same for any reason, in its sole discretion. The posting of any User Submission does not mean that HEALTHFUL PURSUIT agrees that the User Submission complies with this Agreement or that HEALTHFUL PURSUIT agrees with the content of the User Submission.
Notwithstanding HEALTHFUL PURSUIT’S review, if any, you agree to indemnify HEALTHFUL PURSUIT and all other users for any loss or damage that HEALTHFUL PURSUIT or any user may suffer as a result of any User Submission that you submit.
For any User Submission that contains a link, HEALTHFUL PURSUIT may not review the information or the third party website that the link may resolve to. Further, the information may become incorrect or the third party website may change over time. You are strongly encouraged to use caution in any reliance on any link that has been posted to the Website.
You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity and legality of any information or other submission you may use or rely on as well as in respect of any information, product or services offered or made available through any link which has been submitted and posted. Under no circumstances will HEALTHFUL PURSUIT be liable in any manner for the same.
HEALTHFUL PURSUIT and its suppliers shall have no liability to you for any loss or corruption of your User Submission. HEALTHFUL PURSUIT has no ability to control how other users of the Website may access and use an User Submission, including, copying, publishing and distributing an User Submission elsewhere.
5. Conduct Guidelines
You agree not to make an User Submission to transmit, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of a particular forum, bulletin board or message board on the Website.
HEALTHFUL PURSUIT does not control User Submissions and, as such, we do not guarantee the accuracy, integrity or quality of User Submissions. Although we have adopted conduct guidelines for the Public Space (as provided herein), you understand that by using this Website, you may be exposed to User Submissions that are offensive or objectionable.
You shall not submit any information or material or provide a link to any material, information, product or service, whether to the Website or to any other user of the Website:
- which infringes or potentially infringes any third party intellectual property or other proprietary right including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
- which is harmful or potentially harmful including, without limitation, that which places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer code; or
- which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination or false advertising.
You shall not, in connection with the Website:
- undertake any activity which creates liability, loss or damage or potentially creates liability, loss or damage to HEALTHFUL PURSUIT or any of its suppliers or any other user of the Website;
- fail to comply with any governmental law, rule, regulation or order that applies to your activities, including but not limited to, tax, consumer protection, unfair competition, discrimination, false advertising, sales and commerce laws and regulations. You are responsible for determining which laws and regulations apply to you and that your use of the Website complies with those laws and regulations;
- import, export, sell or offer to sell, directly or indirectly, any regulated item or information in breach of any embargo, trade sanctions, import or export control law that may be imposed by the government in any country;
- use any spider, robot or other automatic means to search or monitor the Website or any content contained in the Website or any other user of the Website;
- you may not offer, promote or publicize any promotional contest;
- you may not offer, sell, promote or publicize any products or services over the Website;
- you may not use the Website or any of your postings or other material for any commercial purpose;
- obtain or seek to obtain access to any software or data of HEALTHFUL PURSUIT or any of its suppliers other than as specifically permitted and as reasonably necessary to use the Website;
- use any automatic means, including software, to interfere with or attempt to interfere with the Website or any related service or their use by any other user;
- cause any unreasonable burden or load on the Website or its computer systems;
- undertake any activity which creates loss or damage or potentially creates loss or damage to HEALTHFUL PURSUIT’s computer systems;
- use any material of HEALTHFUL PURSUIT that is protected by copyright without written consent;
- use any trademark of HEALTHFUL PURSUIT without written consent; or
- use HEALTHFUL PURSUIT’s or any of its supplier’s systems, servers or networks for any purpose other than what is reasonably necessary to use the Website.
Your privilege to use this Website is contingent on your compliance with the conduct guidelines set forth above. HEALTHFUL PURSUIT may revoke your privilege to use all or a portion of this Website and/or take any other appropriate measures to enforce its conduct guidelines.
There is a risk that an individual or entity who makes a User Submissions, may be misrepresenting who they actually are. Their motivation for this misrepresentation may include: fraud, deceit, identity theft and other criminal activity. As such, HEALTHFUL PURSUIT strongly encourages you to be vigilant in all interactions with others users of the Website. HEALTHFUL PURSUIT does not attempt to verify that any individual or entity is who they claim to be.
BY ACCESSING OR USING ANY OF THE WEBSITE YOU AGREE TO ASSUME ALL RISKS OF LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF YOUR INTERACTION WITH ANY OTHER USER OF THE WEBSITE.
6. Personal Information
You shall ensure that you fully comply with all privacy legislation in relation to any personal information you submit to the Website and in particular, you shall obtain any required consents to the placement of any personal information on the Website and to the use, storage, reproduction, processing, display, disclosure, distribution and transmission of the personal information in connection with the Website and HEALTHFUL PURSUIT’s business and all other ancillary activities reasonably necessary for HEALTHFUL PURSUIT’s operation of the Website and its business.
7. Third Party Links
This Agreement applies exclusively to the Website. However, the Website may provide links to other websites or online resources (“Third-Party Sites“). You acknowledge and agree that HEALTHFUL PURSUIT is not responsible for the availability of Third-Party Sites, and does not endorse (and is neither responsible nor liable for) any content, advertising, products, or other materials on or available from Third-Party Sites. You further acknowledge and agree that, under no circumstances, will HEALTHFUL PURSUIT be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any Third-Party Sites (regardless of whether the Website directly or indirectly linked to such content, advertisements, products or other resources). The condition, suitability, safety, accuracy, quality, integrity and legality of any information, content or other material or any products or services available from or through any links are not investigated, verified or monitored by HEALTHFUL PURSUIT.
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.
No partnership or other relationship should be implied merely from the fact that a link to a Third-Party Site is provided on the Website.
8. Health Disclaimer
HEALTHFUL PURSUIT is not a medical company or organization. The Website provides information in respect to healthy living, recipes, nutrition and diet and is intended for informational purposes only. Nothing contained on the Website or sent via email from HEALTHFUL PURSUIT or its owner is medical advice nor should be construed as medical advice. HEALTHFUL PURSUIT encourages you to consult with your doctor before using this Website. Any information generated, produced or disseminated by HEALTHFUL PURSUIT should not and cannot be held as a substitute for consultation, evaluation, or treatment by your doctor. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A PROPOSED DIET OR NUTRITION PROGRAM. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE.
HEALTHFUL PURSUIT has the right, in HEALTHFUL PURSUIT’s sole discretion, to suspend or terminate your current and future access and use of the Website or related services in the event HEALTHFUL PURSUIT reasonably believes that you are conducting yourself or providing information or other material in a manner which is in breach of this Agreement.
If you wish to terminate this Agreement, you may simply discontinue using the Website. You agree that any suspension and/or termination of your access to the Website may be affected without prior notice.
You agree that title to and ownership of the Website and any modifications or upgrades made thereto and all intellectual property rights therein shall at all times be held by HEALTHFUL PURSUIT and its suppliers. You shall not have any right, title or ownership interest in the Website except the limited right to access and use the Website in accordance with the terms and conditions set out in this Agreement.
Using this Website does not transfer from HEALTHFUL PURSUIT to you any intellectual property rights in the Website. Healthfulpursuit.com, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of HEALTHFUL PURSUIT.
You may not, directly or indirectly, decompile or reverse engineer the Website or do anything to attempt to reveal, generate or obtain the source code for the Website.
You may not copy, publish, store, retain, publicly display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, distribute, create derivative works from, download, grant under licence, or in any other way exploit, the Website, in whole or in part, without the express written consent of HEALTHFUL PURSUIT.
While you retain ownership of your own User Submissions to the Website you may not in any way commercially exploit your User Submissions in connection with the Website.
11. Errors and Defects
HEALTHFUL PURSUIT does not represent or warrant that any errors in the Website can or will be corrected. Any such corrections will be solely at HEALTHFUL PURSUIT’s discretion. HEALTHFUL PURSUIT and its suppliers shall have no liability or obligation to you or any third party in the event of any defect or error or any omission in the Website.
You agree to indemnify and hold HEALTHFUL PURSUIT, its employees, officers, directors, agents and partners harmless from any and all claims and demands, including reasonable attorney fees, made by anyone due to or arising in connection with your use of the Website or your violation of this Agreement.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HEALTHFUL PURSUIT OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY INJURY INCURRED OR SUFFERED BY YOU WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE WHETHER OR NOT HEALTHFUL PURSUIT OR ANY OF ITS SUPPLIERS WAS TOLD OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR INJURY AND INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM DEFECTS IN THE WEBSITE.
IN ALL OTHER CIRCUMSTANCES, HEALTHFUL PURSUIT’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CDN) OR THE FEES THAT YOU HAVE ACTUALLY PAID TO HEALTHFUL PURSUIT, WHICHEVER IS HIGHER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
14. Warranty Disclaimer
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN HEALTHFUL PURSUIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE WEBSITE, INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, CUSTOM OR TRADE USAGE AND THOSE WHICH MAY BE IMPLIED BY STATUTE.
THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES AND OTHER LIMITATIONS. HEALTHFUL PURSUIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS.
15. Basis of Bargain
You agree and acknowledge: (i) that you and HEALTHFUL PURSUIT have entered into this Agreement in reliance on the warranty disclaimer, limitations of liability and indemnity provisions set forth herein; (ii) that the same reflect an agreed-to allocation of risk between the parties (including the risk that a remedy may fail its essential purpose and the risk of suffering indirect damages); and (iii) that the same forms an essential basis of the bargain between the parties. You agree and acknowledge that HEALTHFUL PURSUIT would not have been able to provide access to and use of the Website on an economic basis (taking into account the amounts charged, if any) without such allocations of risk. If you do not fully agree with the foregoing you may not access or use the website.
16. No Agency
The parties are independent parties and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.
17. No Waiver
HEALTHFUL PURSUIT’s failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.
18. Entire Agreement
The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the access and use of the Website and the relationship between the parties for the purposes of the same. No representative of HEALTHFUL PURSUIT is authorized to amend the terms of this Agreement other than as specifically provided for herein.
If any term or condition of this Agreement or the application thereof to any party or circumstance shall be invalid or unenforceable to any extent the remainder of this Agreement and the application of such term or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term or condition of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law.
This Agreement may not be assigned by you. We may assign this Agreement and the Website in connection with a merger or acquisition or other restructuring or other sale or transfer.
21. Rights and Remedies
The rights and remedies of a party hereunder are cumulative and no exercise or enforcement by a party of any right or remedy hereunder shall preclude the exercise or enforcement by the party of any other right or remedy hereunder or which the party is otherwise entitled by law or equity.
22. Governing Law
This Agreement, the relationship between you and HEALTHFUL PURSUIT and your use of the Website and any related services and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflict of laws.
You agree that any legal action or proceeding between you and HEALTHFUL PURSUIT which in any way concerns this Agreement or the use of the Website or the relationship between the parties in connection with the same shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, any party may apply to any court of competent jurisdiction for any equitable relief by way of restraining order, injunction, decree, specific performance, mandatory injunction or otherwise where damages could not adequately be compensated by monetary award and where the Courts of Alberta would not have adequate jurisdiction to grant an effective equitable remedy.
The rights and obligations under User Submissions, Title, Errors and Defects, Warranty Disclaimer, Limitations of Liability, Indemnity, Basis of Bargain, Attornment, Survival and Third Party Rights shall survive the termination of this Agreement for whatever reason. Termination does not relieve any party of any liability accruing to the date of termination.
25. Third Party Rights
This Agreement does not confer any third party beneficiary rights.
Any notice, direction or other communication given regarding the matters contemplated by this Agreement must be in writing and sent and addressed: leanne [at] leannevogel [dot] com