Last modified: April 13, 2021
BY USING OUR WEBSITE, YOU ACCEPT THESE TERMS.
We reserve the right to change or otherwise modify the Terms, at any time and for any reason. Please visit this page periodically to stay informed of any changes to the Terms. By continuing to use any portion of the Website after any such change, you accept and agree to the modified Terms. If you do not agree to any of the Terms, you are not permitted to use the Website.
We reserve the right to modify or discontinue, temporarily or permanently, the Website, any feature, benefit, or rules or conditions, without notice. We do not (and cannot) guarantee that our Website, or any content on it, will always be available or uninterrupted. You understand and agree that we are not liable to you or any third-party for any modification or discontinuance of the Website, or any portion thereof. You are responsible for ensuring all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them. We may transfer our rights and obligations under these Terms to another organization. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
By using or accessing the Website, you acknowledge that you are at least eighteen (18) years old and that you have read, understood, and agree to be legally bound to the Terms.
THE SECTION TITLED “CLASS ACTION WAIVER” CONTAINS A BINDING CLASS ACTION WAIVER. PLEASE READ THE SECTION CAREFULLY.
If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Without limitation, you agree to refrain from the following actions while using the Website:
- Transmitting any information, data, text, files, links, software, chats, communication, or other materials that is unlawful, and in particular, harmful to minors, physically threatening, invasive of another’s privacy, defamatory, obscene, or that contains hate speech, as well as material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Impersonating LinseyEatsLA.com or any of our agents, representatives, or employees, or falsely claiming affiliation with our Website.
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of any materials transmitted through the Website.
- Posting adult content or explicit adult material.
- Posting, anywhere on the Website, obscene or lewd and lascivious graphics or photographs, or graphics or photographs which depict or simulate sexual acts.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation, except in areas of our Website specifically designated for such purpose.
- Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information, or intellectual property rights of others.
- Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Website unless expressly permitted by the Website.
- Taking any action creating a disproportionately large usage load on the Website unless expressly permitted by the Website.
- Sending messages for the purpose of, or otherwise engaging in, disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element.
- Gaining or attempting to gain unauthorized access to non-public areas of the Website. In addition, if you have a password to a non-public area of the Website, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes.
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up all or any part of the Website; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Website, its content or information available from the Website without the express written consent of agents of the Website.
- Interfering with or disrupting the Website, or servers or networks through which the Website is provided.
- Stalking or otherwise harassing any person.
- Using the Website to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative, or illegal activity.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Website. You understand that any materials that you post, transmit, or otherwise make available for viewing on public areas of the Website and its social media channels, including but not limited to comments and messages posted in response to our blogs or articles (collectively, “User Content”) are solely the responsibility of the person from whom such User Content originated. You agree the Website may or may not, in its sole discretion, pre-screen, monitor, or approve any User Content, but that the Website shall have no obligation to pre-screen, monitor, or approve such User Content. You acknowledge and agree that the Website shall have the right, but not the obligation, to remove, move, refuse, edit, republish, or delete any User Content for any reason whatsoever. Any user who violates the Terms may be permanently banned, at our sole discretion, from posting or using the Website.
Any User Content you post, transmit, or otherwise make available for viewing on public areas of the Website will be treated as non-confidential and non-proprietary to you. You understand and agree that any such User Content may be used by the Website or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium. You grant the Website (and our affiliates) the irrevocable right to use and/or edit your User Content, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
You acknowledge, consent, and agree that the Website may access, preserve, and disclose your account information and User Content you upload, post, or otherwise make available on the Website if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to either comply with any legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety of the Website, its users, and the public.
This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at firstname.lastname@example.org.
Materials on our Website and Intellectual Property Rights
All materials on the Website, including without limitation, logos, images, text, illustrations, audio, and video files, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Website or owned by other parties who have posted on the Website. Materials from the Website and from any other web site owned, operated, controlled, or licensed by the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Website, you grant the Website, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive, and create derivative works from the posted content. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. If you print off, copy, or download any part of our site in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Notice of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to email@example.com (the “Notice”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your name, address, telephone number, and e-mail address;
- A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Website may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Newsletters, Blog Posts, and E-Mails
We will, from time to time, send you emails via our newsletter or blog program, if you opt in to receive such communications from us.
- Requesting Our Newsletter. You may opt to receive Newsletter e-mails by signing up online at [Insert Link for Signing up for Newsletter or Blog Post Notifications]
- Cancelling Our Newsletter. To stop receiving e-mails from Us, email <firstname.lastname@example.org> with the word “unsubscribe”. Please allow up to ten (10) business days for your account to be removed from Our mailing list.
- Customer service. For additional information on this service, email <email@example.com>.
Products & Services Made Available To You By Us
We may receive commission and/or other compensation through links on our Website to affiliate retail partners.
The Website has no control over and is not responsible for the content of or claims made on sites that may be linked to or from the Website, whether or not they may be affiliated with us. Any sites linked to or from the Website are for your convenience only, and you access them at your own risk.
We assume no responsibility for the accuracy, currency, completeness, or usefulness of information, views, opinions, or advice in any material contained on the Website. In addition, we do not endorse any opinions or recommendations posted by others. Any information posted on the Website is the responsibility of the person or persons posting the message. You understand that the Website does not control, and is not responsible for, User Content. The Website shall not be responsible for any interaction between you and the other users of the Website. Your dealings with others through the Website are solely between you and such other parties. Under no circumstances will the Website be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties. You are entirely responsible and liable for any User Content that you post or that is posted through your account.
Termination of Access
The Website has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Website liable for such termination, and further agree not to attempt to use the Website after termination. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation. If we end your access to the Website, you must stop all activities authorized by these terms, including your use of the Website.
Disclaimer Of Warranties
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM, THE CONTENT OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE SHALL BE LIMITED TO THE MONIES YOU PAID US, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM; AND (III) ANY DIRECT DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE APPLICABLE ORDER GIVING RISE TO THE CLAIM.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY:
The information, services, and products available to you on this Website may contain errors and are subject to periods of interruption. While the Website does its best to maintain the information, services, and products it offers on the Website, it cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of the Website.
IN NO EVENT SHALL THE WEBSITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS WEBSITE; (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE WEBSITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You accept all responsibility for, and hereby agree to indemnify and hold harmless the indemnified parties from and against, any actions, claims, or demands, including reasonable attorneys’ fees, taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties, infringement by you, or other users of the website using your device, of any intellectual property or other right of any person or entity. By using the website, you agree to defend, indemnify, and hold harmless the indemnified parties from all liability regarding your use of the Website or participation in any Website activities. If you are dissatisfied with the Website, or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the website.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Jurisdiction and Choice of Law
These Terms are governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Website, shall be brought only in either the state or Federal courts located in the county of Los Angeles, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Class Action Waiver
You agree that any proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no legal proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class action-basis or to utilize class action procedures; and (iii) 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. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms constitute the entire agreement between you and the Website and govern your use of the Website, superseding any prior agreements between you and the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software, or visit another site linked to by this Website. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The Website’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Website.
The following provisions will survive any expiration or termination of this Agreement: “User Conduct,” “User Content,” “Materials on our Website and Intellectual Property Rights,” “Release,” “Disclaimer of Warranties; Limitation of Liability,” “Indemnification,” “Termination of Access,” “Jurisdiction and Choice of Law,” “Class Action Waiver,” and “General Terms.”
To ask questions or comment about the Terms, contact us at: firstname.lastname@example.org. Please also report any violations to email@example.com.