Terms & Conditions

Terms & Conditions

This website is provided to you by Awell Food LLC ("we" or "us"). Please take a moment to read these Terms of Use. By accessing or using this website, you accept these Terms of Use. Our site is always evolving; please be aware that we may change these Terms of Use from time to time. By continuing to use this site after we post any such changes, you accept the Terms of Use, as modified.

Our Terms of Use address the following topics:

1. Using Good Judgment
2. Rules for Registration, Submissions and Messages
3. Rights
4. Third Party Services
5. Recipe Disclaimer
6. Disclaimer of Warranties
7. Limitation of Liability
8. Discontinuance, Modification & Restrictions
9. Applicable Law & Exclusive Jurisdiction
10. Dispute Resolution
11. Miscellaneous

We respect your privacy. Please take a moment to read our Privacy Policy

The terms of our Privacy Policy and our Copyright/Intellectual Property Policy are incorporated into these Terms of Use. By accessing or using this site, you are agreeing to be bound by the Privacy Policy and the Copyright/Intellectual Property Policy.
 

1. Using Good Judgment

Our Terms of Use are intended to make our site safe and fun for everybody. We invite you to bring to our attention any content on our site that you believe to be inaccurate, inappropriate or in violation of these rules. Simply send an email to the Awellfood Team at Help@Awellfood.com notifying us of questionable content, photos or posts. The item(s) in question will be reviewed and removed or edited as necessary. You can also e-mail the Team with any additional concerns or questions at Help@Awellfood.com

Use common sense when you use our and anybody else's website. The content that appears on our site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Much of the content you find on our site was not created, edited, or posted by us (for example, discussion group postings). The materials posted by Members on our site represent the views of those Members and are not endorsed by us, nor do we guarantee the accuracy of any posting. Though we hope the Members you meet through our site treat you honorably and fairly, we can't vouch for the information they offer. Before you act on information you've found on or through our site, confirm any facts that are important to your decision. We encourage you to exercise a healthy skepticism and good judgment. 
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2. Rules for Registration, Submissions and Messages

Registration. To obtain access to certain Healthy Tasty Club® services, if you are age 13 or older, you will be given an opportunity to register with our site. If you are under age 13, you are not permitted to register with our site or otherwise submit personal information to us. We do not knowingly collect personal information from users under the age of 13. For more information about children under age 13, please see our Privacy Policy. Registered members may cancel their membership at any time; however ANY PAID MEMBER DUES ARE NON-REFUNDABLE, IN WHOLE OR IN PART. As part of the registration process, you will select a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, or attempt to enter any area of our site under the name of, another person. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing any of our sites through any password assigned to you. You will notify us at Help@Awellfood.com of any known or suspected unauthorized use of your account. 

Submissions and Messages. Responsibility for what is posted in the discussion groups or other public forums on our site lies with each user ― you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use our site to send or submit materials:  
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a. that are false, inaccurate or misleading;
b. that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
c. that are libelous, threatening or harassing, or that invade the privacy of any person;
d. that are obscene or contain any kind of pornography;
e. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
f. that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
g. that interfere with the ability of others to enjoy our site;
h. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Healthy Tasty Club®;
i. that link to or include descriptions of goods or services that: (i) are prohibited under these Terms; or (ii) you do not have a right to link to or include;
j. that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
k. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person. 

That said, we are most often a passive conduit for the information users submit. We cannot and do not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our site if we believe you are violating any of the Terms of Use and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons. 

You may not use any other user's information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, "spam," or other bulk communications or for developing lists. Any such use by you will be a violation of the Terms of Use. Your use of the site is limited to personal, non-commercial purposes. Your commercial exploitation of the site is strictly prohibited, unless we grant prior written permission. 
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3. Rights

You acknowledge that:

1. We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights") and;

2. These Terms of Use and applicable copyright, trademark and other laws govern your use of such content.

Our Limited License to You. You are free to display and print for your personal, non-commercial use information you receive through our site. You may not reproduce, distribute, or otherwise use any of the materials for commercial, non-personal use without the prior written consent of the Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our site for non-personal use should be made to Help@Awellfood.com. The burden of determining whether any content on our site is or is not protected by Rights rests with you. 

Links. You are free to encourage others to visit our site. We welcome links to our site. You are free to establish a hypertext link to our site so long as the link does not state or imply any sponsorship or endorsement of your site by us or make use of a logo without written consent of the logo owner. Notwithstanding anything to the contrary in these Terms of Use, we reserve the right to prohibit linking to our site for any reason, in our sole discretion, even if the linking complies with the requirements described above. 

No Framing. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites, or incorporate into any other website or service any of our intellectual property. 

Marks. We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any mark appearing on our sites without the prior written consent of the owner of the mark. HealthyTasty.com, Healthy Tasty Club®, Healthy Tasty NOTEBOOK™, and all associated logos are marks owned by Awell Food LLC. You may not use any content from this site in a manner that suggests an association with us, this site or any of our services or products, or remove, alter, cover or distort any copyright, trademark or other proprietary rights notices on this site, content from this site, or on any copy you make of the content from this site. 

Your License to Us. By submitting material to or through our site, you grant us and our partners, agents, affiliates and service providers (collectively, "Affiliates"), the non-exclusive right to use, reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed, including the right to display or use such material for advertising or promotional purposes. As such, submitted recipes may not be deleted, removed or substantially altered so as to render the recipe ineffective or unusable. You agree that we and our Affiliates may identify you as the author of any of your postings by name, hometown, image or screen name as we see appropriate and use such information in connection with your submitted material for advertising or promotional purposes. You also permit any other user to access, display, and print such content for personal use. By submitting material to us, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other proprietary rights. It is solely your responsibility to monitor and protect any intellectual property rights you may have in your content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter to enforce our licensed rights to your content, and you will cooperate as fully as reasonably required in the defense of any such claim. 

Notice of Copyright or Other Intellectual-Property Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please see our Copyright/Intellectual Property Policy for information on how to notify us. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim. 

Indemnity. You agree to indemnify and hold us and our partners, parents, subsidiaries, affiliates, employees, agents and licensors harmless from any claim, demand, loss, liability, damages, or cause of action, including attorneys’ fees, that may arise from your use of our site, your submission of material to us or upload of material to our site, your actual or alleged breach of any warranties or representations in these Terms of Use, or of any other terms or conditions of these Terms of Use, and/or infringement by you of the rights of any other person or entity. 
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4. Third Party Services

As a convenience to you, we may ― from time to time ― provide links to third-party websites. Those websites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you choose to do business. We make no warranties or representations whatsoever with regard to any goods services provided by those merchants. You will not consider us ― nor will we be deemed ― a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity. 
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5. Recipe Disclaimer

Healthy Tasty Club® provides a means for our users to swap recipes. We provide the recipes on this website for informational purposes only and are not responsible for and cannot guarantee the results of any recipe prepared from this website. Results from the recipes may vary. It is your responsibility to review the recipe and determine the appropriateness and value of the ingredients and the instructions based on individual conditions, such as allergies, cooking abilities, geographical location and cooking temperature. We are not responsible for any medical condition, disease, food poisoning, accident, or fire that could result from preparation of the recipes or consumption of the ingredients listed in any recipe. 

Certain recipes listed on our website may be copycat recipes, or recipes that attempt to recreate a result from a restaurant or commercial product. These copycat recipes are not the original recipe unless specifically stated. We do not claim any right to the original recipes, and any trademarked names are used only to identify the recipe and not to suggest any endorsement of the recipe by the creator of the original. 
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6. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Awell Food LLC, ITS MEMBERS, PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR SITE. WE DO NOT GUARANTEE OUR SITE TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA. 

OUR SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Awell Food LLC NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITE IS NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. 

Awell Food LLC, ITS MEMBERS, PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR SITES, OTHER THAN THOSE EXPRESS WARRANTIES Awell Food LLC ITSELF SPECIFICALLY MAKES ON ANY Healthy Tasty Club ORDER FORM.  
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7. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL Awell Food LLC OR ITS MEMBERS, PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF Awell Food LLC, ITS MEMBERS, PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO OUR SITE WILL NOT EXCEED THE AMOUNT YOU PAID TO US TO USE THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Awell Food LLC, ITS MEMBERS, PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. 
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8. Discontinuance, Modification & Restrictions

We may discontinue, change, suspend, or restrict access to our site or any portion of our site at any time without liability to you or any third party. 
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9. Applicable Law & Exclusive Jurisdiction

This site is controlled and operated by Awell Food LLC from the state of Tennessee in the United States of America. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute an agreement made in, and to be construed in accordance with the laws of, the State of Tennessee without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in Lee County, Florida, in all disputes arising out of or relating to these Terms of Use or this site. 
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10. Dispute Resolution

You agree not to take any legal action against us that relates to or arises out of our website without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to Help@Awellfood.com, or such other designee as Awell Food LLC may identify from time to time.  
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11. Miscellaneous

In the event that any provision of these Terms of Use conflicts with the law under which the Terms are to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Terms, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Terms of Use, or to exercise any right under the Terms of Use, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance. 

These Terms of Use, together with our Privacy Policy and Copyright/Intellectual Property Policy, constitute the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter. 
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Copyright

Contents on this site are copyright 2013 by Awell Food LLC or its affiliates or licensors. Unauthorized distribution or reproduction is forbidden. For information on how to submit a copyright or other intellectual-property claim or respond to such a claim made against you regarding your use of this site, please see our Copyright/Intellectual Property Policy.