Last updated September 29, 2018

 

Please review these Terms of Use carefully before using the https://EatsTreatsAndParsnips.com website or any other associated blogs, newsletters, alerts reports, publications, and content operated by Eats Treats and Parsnips, Inc. (hereafter “ETP”) as an information, educational and publishing services.  Access to and use of the content and services is conditional upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users, subscribers, and others who wish to access or use the content and services.

 

By accessing or using ETP content and services, you agree to be bound by these Terms.  If you disagree with any part of these Terms, then do not use the website.

 

  1. “Eats Treats and Parsnips, Inc.” hereinafter “ETP” is a Massachusetts Corporation.  You expressly agree that all the following Terms also apply to employees, officers, directors, contractors, and affiliates of ETP.
  2. This Agreement is personal to you, and you cannot assign your obligations or rights. ETP has the exclusive right to change these Terms of Use at anytime without notice. You agree to be bound by such changes and revised Terms of Use. It is your responsibility to check this page each time you visit the website to see if there are any changes to the Term of Use.
  3. By accessing this website or associated blogs  or newsletters or alerts or reports or publications or content or websites of any kind or offering of any kind or services of any kind or registering for a seminar or attending a seminar or paying for a subscription, seminar, offering or service or obtaining a service, directly or indirectly, by any means including but not limited to RSS, blog, email, text, social media, or a feed, you agree to be bound by these Terms of Use and you agree that this is the same as you expressly signing a legal contract.  The Privacy Policy is also deemed as though fully contained herein. These Terms of Use may also be referred to as Terms and Conditions.
  4. All content is provided for education and information only.  Nothing should be interpreted as medical advice. You agree to carefully evaluate the materials and services immediately after subscription and promptly cancel the subscription if in your sole opinion the subscription or the content is not suitable for you or the service does not meet your expectations in any way.  You agree that the information on the website is provided ‘as is’ for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified medical professionals. ETP makes no warranties of any kind regarding this website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability, or fitness for a particular purpose, or any warranty that these pages.  In no event shall ETP be liable to you or anyone else for any decision made or action taken in reliance on information on this website or for any consequential, special or similar damages, even if ETP has been advised of the possibility of such damages.
  5. ETP is a bona fide publisher of general and regular circulation and not your medical provider. You expressly agree to depend on and check with your own medical provider such as a doctor and not rely on or depend on the information in ETP. ETP relies on published experts as applicable.  .
  6. You agree that the content is for information only, impersonal in nature, not tailored to a specific need or person, and you agree that you will make adjustments, as you see fit to suit your health and dietary needs. You must make your own judgments with the help of a qualified medical professional independent of the content herein. The content herein may not be suitable for your purposes and your situation. Natasha Arora or ETP, its directors, its officers, its employees, and its affiliate are not your personal medical advisors. You expressly agree that none of the content is personalized individual advice. Subscriptions and services from ETP may not be available in all jurisdictions; just because something is mentioned on ETP’s website does not mean it is available in your jurisdiction. ETP cannot warrant that its services are appropriate for you or they are permitted under the laws of your jurisdiction and as such ETP does not represent that it meets laws of your jurisdiction.
  7. You agree not to act on any content without the guidance of your own personal medical professional; ETP is not your health or medical advisor. ETP is only a publisher providing information.  You agree not to rely on the content for any decisions you make and you agree to independently verify the information from other non related independent sources.
  8. All content is provided without warranty of any kind, expressed or implied.  In no event will ETP be responsible for any direct, indirect, consequential, incidental, or any other damages of any kind arising out of the content or decisions made by you in reliance on the content whether or not caused in whole or part by ETP’s negligence or error. Errors are a natural process and are bound to occasionally happen; you specifically agree to independently check all content and not hold ETP responsible for any damages of any kind due to errors. The website or blog or newsletters or other offerings with recipes may not describe every step, health risk, or substitutions.  Your results may be different depending upon the amount of effort you put in, your knowledge, skill, experience, and discipline in cooking and making dietary changes.
  9. ETP owns or licenses all the intellectual property behind the content and does not relinquish any intellectual property rights by publishing the content.
  10. All content is copyrighted other than under the Fair Use Provisions of the copyright law. The works of authorship contained in this website, including but not limited to all text, images, and design, are owned or licensed by ETP and may not be copied, reproduced, displayed, distributed, altered, transmitted, performed, rented, sublicensed, stored by, subsequently used or otherwise used in part or in whole in any manner without prior written consent from ETP.
  11. ETP may contain links to other websites or resources that are not under the control of ETP.  You acknowledge and agree that ETP shall not be responsible for the content of the linked websites or resources, and ETP shall not be liable directly or indirectly in any way for damages of any kind caused by reliance on such links. ETP does not warrant the offerings of any linked website or entity. You agree to use of cookies by ETP.
  12. By creating an account, you guarantee that you are at least 18 years old and that the information you provide is complete, accurate, and current. You are automatically subscribed to newsletters, marketing or promotional materials, and other information we may send. You may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in any such email from ETP.  Accounts are not to be shared by multiple users.  You are responsible for any and all activities and actions that occur under your account.  You are responsible for maintaining the confidentiality of your log in information.  You must notify ETP at contact@EatsTreatsAndParsnips.com immediately upon becoming aware of any unauthorized use of your account or breach of security.
  13. If you wish to purchase any product or service made available by ETP, then you will be asked to provide information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. By submitting payment information, you automatically authorize ETP to charge you for the purchase.  You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any and all purchases and that the information you provide is correct and complete.  ETP reserves the right to refuse or cancel your purchase if fraud or an unauthorized or illegal transaction is suspected.  Third party services may be used for the purpose of facilitating payment. By submitting your information, you grant ETP the right to provide the information to these third parties in accordance with the ETP Privacy Policy.
  14. You agree and fully understand that to provide uninterrupted service, subscription, and other offerings are based on automatic recurring payments from you at the then current rate.  If automatic billing fails to occur for any reason, ETP will issue an electronic invoice with instructions and payment deadline for continued access to your ETP account. You can cancel such recurring payments before they are charged.  Cancelations will take effect on the next billing cycle if the cancelation is received before payment is charged.  Once a recurring payment is charged, you agree to pay it, and you agree that there are no refunds. ETP reserves the right to make changes to its offerings in any way it deems appropriate including but not limited to changing prices, frequency, format, and content.  Changes in pricing will be announced with reasonable prior notice and take effect at the end of the then current billing cycle.  Continued use of the service, subscription, and other offerings constitutes your agreement to pay the new fee amount.  Definition of lifetime is until the service is not offered. ETP reserves the right to cease one or more of its services at anytime without notice.
  15. There are no refunds under any circumstance for any and all subscriptions, offerings, services, or any other procurement from ETP. To cancel a subscription, it is subscribers’ responsibility to go to PayPal and cancel the subscription. A subscription is immediately cancelled after a subscriber cancels at PayPal. Failure to cancel a subscription at PayPal by a subscriber will result in further charges, and there will be no refund for such charges.  ETP reserves the right to refuse service, remove or edit content, cancel orders, or terminate accounts at its sole discretion, including but not limited to a breach of the Terms.  All provisions of the Terms, which by their nature should survive termination, shall survive termination, including but not limited to warranty disclaimers, indemnity, limitations of liability, and ownership provisions.
  16. You access and use ETP content and services at your own risk. Content and services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, non-infringement, performance, or fitness for a particular purpose.
  17. ETP and its employees, officers, directors, contractors, affiliates, subsidiaries, and licensors do not warrant that a) the content and services will be uninterrupted, secure, or available at any particular time or location; b) any defects or errors will be corrected; c) the content and services are free of viruses or other harmful components; or d) the content and services will meet your requirements.
  18. In no event shall ETP, nor its employees, officers, directors, contractors, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to use or inability to access ETP content and services; (ii) any content obtained from ETP; (iii) any conduct or content of any third party on the website, even if a remedy set forth herein is found to have failed of its essential purpose.
  19. You agree to defend, indemnify, and hold ETP and employees, officers, directors, contractors, and affiliates harmless against all damages, liabilities, claims, actions, costs, expenses, and attorney fees in connection with your breach of this Agreement.  You specifically agree that you will pay ETP’s attorney fees, expenses, and for its time, in advance, in connection with any litigation or other action even if the litigation or action is the result of ETP’s negligence.  You seeking a refund will be a violation of this agreement on your part. You also specifically agree that you will not file a claim for refund or anything else in violation of this agreement in any forum including but not limited to PayPal, Visa, Master Card, American Express, Discover, or any other financial institution; in the event you file such a claim, you will immediately pay initial liquidated damages of $5,000 to ETP to handle your claim before the financial institution can process your claim. Initial liquidated damages are only for preliminary processing of your claim and are in addition to your responsibilities per the first sentence of this paragraph.   No action or inaction by ETP will set precedence against this agreement or nullify or reduce or change, in any way, any provision of this agreement.  These Terms of Use supersede and take precedence over any and all other agreements, past, present or future. If any portion of this Agreement is deemed unenforceable, the remaining provisions will continue to be in full force and remain enforceable. If, for any reason, the disclaimers of limitation of liability or warranties are unenforceable, then the maximum liability for any type of damages shall be limited to $50, unless prohibited by applicable law.
  20. The governing law is the law of the State of Massachusetts.  You agree that for all purposes, the entire relationship shall be deemed to be confined to Suffolk County, Massachusetts. In the event of a dispute of any kind, you are required to first act in complete good faith to cooperate with ETP to resolve all issues informally. You agree to provide complete, accurate and truthful information, documents and answers to all of our questions under oath without limitation to our full satisfaction  via any means including emails and personal interviews   to help  informally  resolve the dispute. You agree that if your personal interviews are needed, they will take place in Suffolk County in Massachusetts and you will be responsible for all expenses. You agree to fully forego all your claims without exception if you fail to fully, accurately, and truthfully comply with the foregoing.  Only after the foregoing process is complete and if the dispute is still not resolved, you agree that the dispute will be submitted to final and binding arbitration before a three arbitrator panel of the American Arbitration Association in Suffolk County, Massachusetts.  You agree and fully understand that you are completely waiving your right to have a judge or jury decide the dispute. You expressly agree to refrain from joining or bringing any claims in class-wide capacity or any representative form including but not limited to any class action lawsuits or class-wide arbitration. You expressly agree to have any claims and all claims decided individually and only through arbitration.

 

If you have any questions regarding these Terms, email ETP at contact@EatsTreatsAndParsnips.com.

 

 

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