Meg is Well
Last Updated: June 22, 2018
This website (or this “Site”) is comprised of various web pages operated by Meg is Well: Finding Health and Healing Through Food (“Meg is Well”). These Terms and Conditions, including any amendments or supplements (these “Terms”), apply to this Site and form a contract between Meg is Well, or any applicable affiliated company (“Meg is Well”, “we”, or “us”), and any individual or entity accessing or using this Site (“you”). By accessing or using this Site, you agree to be legally bound by these Terms.
You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
This Site uses cookies; by using our Site or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
If you do not accept and agree to be bound by these Terms, you are not permitted to access or use this Site or any information or Content contained on This Site.
We may amend these Terms at any time by posting a revised version. The revised version will be effective at the time we post it.
No Nutritional or Medical Advice
THE SITE DOES NOT PROVIDE NUTRITIONAL OR MEDICAL ADVICE AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL FAMILIAR WITH YOUR SITUATION. This Site is intended for general entertainment and information. We make reasonable efforts to ensure that the information on this Site is accurate and presented in a clear manner. This Site does not create any fiduciary relationship between you and Meg is Well (whether doctor-patient, nutritionist-client or of any other sort), and you are not entitled to rely on this Site for the diagnosis or treatment of any nutritional, health or fitness condition.
Any nutritional analysis on the Site is based on an estimate, calculated by a third-party source (MyFitnessPal) from the individual ingredients in each recipe. Variations may occur for various reasons, including product availability and food preparation. We make no representation or warranty of the accuracy of this information.
Use of the Site
Ownership; Limited License
You agree that all right, title and interest to this Site and its contents are the property of Meg is Well or other third parties and no transfer of rights of any kind in the Site or its contents shall occur except as provided herein. You are granted a non-exclusive, non-transferrable, revocable, limited license to access and use this Site for informational purposes only. Meg is Well may revoke this license, generally or selectively, at any time for any or no reason.
Usage Rights; Limitations of Use
Permitted Use
A recipe posted on this Site (a “Recipe Post”) may be shared via link under the following conditions: You may share one photograph from the Recipe Post provided that you credit Meg is Well, and include the permalink to the Recipe Post. No republication of Meg is Well blog posts or complete recipes is permitted without our consent.
Health Updates or Ulcerative Colitis Confessions (“Health Update”) may be shared via link under the following conditions: You may share one photograph from the Health Update provided that you credit Meg is Well, and include the permalink to the Health Update. No republication of Meg is Well blog posts is permitted without our consent.
General Limitations on Use
Except as expressly set forth in the Permitted Use, you will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Meg is Well and the copyright owner.
Prohibited Use
You are not permitted to:
- Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Use data collected from our website to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
This list is of restrictions is not exhaustive. It provides guidance.
Intellectual Property
All content provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Site, and all advertising thereon, is protected by copyright and other laws that protect intellectual property and proprietary rights, and is the property of us or our licensors, vendors and/or service providers.
Contributions
When providing Meg is Well with content or posting content to this Site, you represent and warrant that such content does not infringe the intellectual property rights of any third party. You also grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to exercise any and all intellectual property rights you have in the content, in any media known now or in the future, subject, however, to laws on safeguarding personal and financial information.
Contact Information
Certain areas of this Site may require you to provide an email address or other contact information in order to post content and/or receive information about Meg is Well products or services. You agree to provide Meg is Well accurate and complete information. Meg is Well may allow or deny access for these features in its sole discretion.
Notices
You agree that Meg is Well may provide electronic notices to you at the contact information you submitted when using this Site. Except as otherwise stated in these Terms or in other agreements between you and Meg is Well, notices to Meg is Well must be sent via email to: megan@megiswell.com.
Limitations of Our Liability to You
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEG IS WELL: FINDING HEALTH AND HEALING THROUGH FOOD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MEG IS WELL: FINDING HEALTH AND HEALING THROUGH FOOD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEG IS WELL: FINDING HEALTH AND HEALING THROUGH FOOD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEG IS WELL: FINDING HEALTH AND HEALING THROUGH FOOD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEG IS WELL: FINDING HEALTH AND HEALING THROUGH FOOD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THE AGREEMENT, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ANY LIABILITY OR LOSS ARISING FROM UNEXPECTED OUTCOMES OF RECIPES, INACCURATE NUTRITIONAL INFORMATION, WASTE OF INGREDIENTS, ALLERGIC REACTIONS, FOOD INTOLERANCES, AND RELATED ISSUES. YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THIS SITE OR ANY OF THE FOREGOING.
Links to Third Party Sites and Third Party Accounts
This Site may contain links to other websites owned and operated by parties other than us. We do not control such websites and are not responsible or liable for their content or accuracy. We do not endorse such websites, and we accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites, for business and privacy practices of such third parties, or for any action you may take as a result of linking to any such website.
You will be able to connect to third-party accounts from Meg is Well. By connecting, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Product + Brand Recommendations
Brands and products recommended on this site are valid at the time of posting, and are based on the information available to Meg is Well when the recommendation was made. Meg is Well not liable for, and does not guarantee the accuracy or completeness of any information regarding said products or brands, changes in the product line, changes in product quality, or changes in brand strategy and quality control.
Advertisers
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 simply provide the space to place such advertisements, and we have no other relationships with advertisers.
Privacy Policy
We care about data privacy and security. Please review our privacy policy. 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 the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
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 federal 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.
Indemnification
You agree to indemnify, defend and hold harmless Meg is Well, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Meg is Well reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Meg is Well in asserting any available defenses.
Editorial Control
We may review and in some cases remove content provided by users or third party content providers on this Site. We do not undertake any obligation or liability with respect to any removed content. Any statements or other information made on this Site by users or third parties is not that of Meg is Well.
General Provisions
Entire Agreement
These Terms and any other policies, agreements or special terms we may post on this Site constitute the entire agreement between us and you in connection with your use of this Site, and supersede any prior agreements between Meg is Well and you regarding use of this Site (including prior versions of these Terms).
Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Dispute Resolution
Binding Arbitration
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 by 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. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. 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 Solano County, CA. 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 state and federal courts located in Solano County, CA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. 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.
Restrictions
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.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning 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.
Intellectual Property Disputes
If either party desires to bring a suit against the other for infringement or other misuse of intellectual property rights, the parties agree that such claims may be brought in the United States District Court for the Eastern District of California. The parties irrevocably submit to the non-exclusive personal jurisdiction of the United States District Court for the Eastern District of California.
Severability; Headings
If either party cannot enforce a portion of these Terms as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any legal force or effect.
No Waiver
No waiver of any provisions of these Terms or a breach will be valid or enforceable unless in writing. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any other rights under these Terms.
Survival
These Terms will survive the termination or deactivation of your access to this Site.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: megan@megiswell.com
