Terms and Conditions

Nourish This maintains a Web site at http://www.nourishthis.com (the "Site") for your
information. You may use the Site for non-commercial, lawful purposes only. Your access to
and use of the Site is subject to and governed by the Terms and Conditions set forth below. By
accessing and browsing the Site, you accept, without limitation or qualification, and agree to be
bound by, the Terms and Conditions set forth below and all applicable laws.
Terms and Conditions
1. THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The Contents of the Nourish This, such as text, graphics, images, information obtained
from Nourish This' licensors, and other material contained of the Nourish This ("Content") are
for informational purposes only. The content is not intended to be a substitute for professional
medical advice, diagnosis, or treatment. Always seek the advice of your physician or other
qualified health provider with any question you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Nourish This does not recommend or endorse any specific tests, physician, products, procedures,
opinions, or other information that may be mentioned on the Site. Reliance on any information
provided by Nourish This, Nourish This employees, others appearing on the Site at the invitation
of Nourish This, or other visitors to the Site is solely at your own risk. The Site may contain
health-or-medical- related materials that are sexually explicit. If you find these materials
offensive, you may not want to use our Site.
2. You should assume that everything you see or read on the Site is material owned
or exclusively represented by Nourish This and protected by copyright unless otherwise
expressly noted, and may not be used except as provided in these Terms and Conditions
or in the text of the Site without Nourish This’ written permission. Nourish This
expressly neither warrants nor represents that your use of materials displayed on the Site
will not infringe rights of third parties not owned by or affiliated with Nourish This.
3. While Nourish This endeavors to ensure that only accurate and up to date
information is on the Site, Nourish This makes no warranties or representations as to the
accuracy of any of the posted information. Nourish This assumes no liability or
responsibility for any errors or omissions in the content of the Site.
4. The Site is provided "AS IS." Nourish This does not make any representations or
warranties, whether express or implied, regarding or relating to the Site or any associated
hardware or software, including the content or operations of either. The use of the
Nourish This Site and the Content is at your own risk. When using the Nourish This Site,
information will be transmitted over a medium that may be beyond the control and
jurisdiction of Nourish This and its suppliers. Accordingly, Nourish This assumes no
liability for or relating to the delay, failure, interruption, interception, or corruption of any
data or other information transmitted in connection with use of the Nourish This Site.
5. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. NEITHER NOURISH THIS OR ITS AFFILIATED COMPANIES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS (COLLECTIVELY THE "NOURISH THIS PARTIES")
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT COOKING FOR LIFE IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL NOURISH THIS, NOURISH THIS PARTIES, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, NOURISH THIS ,
NOR THE NOURISH THIS PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE
HUMPHREYS PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE)
ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. In such jurisdictions, Nourish This’ liability is limited to the greatest
extent permitted by law. You should check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
6. Any material you transmit to the Site by electronic mail or otherwise, including,
without limitation, feedback, comments, questions, suggestions, ideas and the like, are,
and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post
may be reproduced, published or otherwise used by Nourish This and/or its subsidiaries
or affiliates for any purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast, posting research, development, or manufacture.
Furthermore, Nourish This shall have the right, but not the obligation, to use any ideas,
concepts, knowhow, or techniques contained in any communication you transmit to the
Site or to Nourish This for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products or services using such information.
7. Artwork, images, names, and likenesses displayed on the Site are either the
property of, or used with permission by, Nourish This. The reproduction and use of
any of these by you is prohibited unless specific permission is provided on the Site
or otherwise. Any unauthorized use may violate copyright laws, trademark laws,
privacy and publicity laws, and/or communications regulations and statutes.
8. The trademarks, service marks, logos, and other indicia, including of Nourish
This (collectively the "Trademarks") which appear on the Site are registered and
unregistered trademarks of Nourish This and others. Nothing contained on the Site
should be construed as granting, by implication or otherwise, any right, license or title to
any of the Trademarks without the advance written permission of Nourish This or such
third party as may be appropriate. All rights are expressly reserved and retained by
Nourish This. Your misuse of any of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that Nourish This considers its intellectual property to
be among its most valuable assets, and will aggressively enforce its intellectual property
rights to the fullest extent of the law.
9. For your convenience, the Site may contain links to the Web sites of third parties
on which you may be able to obtain content and/or download software. Except as
otherwise noted, such Web sites, and such content and software are provided by
companies which are not affiliated with and independent of Nourish This. Nourish This
does not endorse or make any representations or warranties concerning such Web sites,
and may have not reviewed such content or software. As such, Nourish This makes no
representation as to the accuracy or any other aspect of the information contained in or on
such sites, sources or servers, nor does Nourish This necessarily endorse such sites or
sources.
10. If any provision of the Terms and Conditions or any application thereof is held to
be invalid or unenforceable for any reason, that provision shall be deemed severable and
the remainder of the Terms and Conditions and the application of that provision in other
situations shall not be affected.
11. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
NOURISH THIS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS,
DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE
ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU
OF ANY OF THE TERMS AND CONDITIONS OR APPLICABLE LAW, INCLUDING
THOSE REGARDING INTELLECTUAL PROPERTY.
12. Nourish This may at any time revise these Terms and Conditions by updating this
posting. You are bound by any such revisions and should therefore periodically visit this
page to review the then current Terms and Conditions to which you are bound.
13. Nourish This knows that the privacy of your personal information is important to
you. Therefore, Nourish This has established a Privacy Policy governing the use of this
information, which is located at INSERT LOCATION and is part of this Agreement.
14. Nourish This owns, protects and enforces copyrights in its own creative material
and respects the copyright properties of others. Materials may be made available on or
via the Site by third parties not within the control of Nourish This. It is our policy not to
permit materials known by us to be infringing to remain on this site. You should notify us
promptly if you believe any materials on the Site infringe a third party copyright. Upon
our receipt of a proper notice of claimed infringement under the Digital Millennium
Copyright Act ("DMCA"), Nourish This will respond expeditiously to follow the
procedures specified in the DMCA to resolve the claim between the notifying party and
the alleged infringer who provided the content in issue, including, where applicable,
removing, or disabling access to material claimed to be infringing or by removing or
Copyright © 2009 Nourish This, LLC. All rights reserved. The Site is the property of Nourish This, LLC and and
is protected by United States and international copyright, trademark, and other applicable laws.
This includes the content, appearance, and design of the Site, as well as the trademarks, product
names, graphics, logos, service names, slogans, colors, and designs.