The Healthy Grill
 

 

Terms Of Use & Service  

      IMPORTANT!  THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE,

      WHICH IS PROVIDED BY OUR COMPANY.  BY ACCESSING THIS SITE, YOU ARE

      INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. 

      THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS

      DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED

      CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE

      CONSULT THESE TERMS OF USE REGULARLY. 

      Access To This Site 

      YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU

      ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB

      SITE FOR ANY REASON.  DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB

      SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD

      ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.

      To access this site or some of the resources it has to offer, you may be

      asked to provide certain registration details or other information.  It is

      a condition of your use of this site that all the information you provide

      on this site will be correct, current, and complete.  If our Company

      believes the information you provide is not correct, current, or complete,

      we have the right to refuse you access to this site or any of its

      resources, and to terminate or suspend your access at any time, without

      notice.

      Restrictions On Use

      You may use this site for purposes expressly permitted by this site.  You

      may not use this site for any other purpose, including any commercial

      purpose, without our Company's express prior written consent.  For

      example, you may not (and may not authorize any other party to) (i)

      co-brand this site, or (ii) frame this site, or (iii) hyper-link to this

      site, without the express prior written permission of an authorized

      representative of our Company.  For purposes of these Terms of Use,

      "co-branding" means to display a name, logo, trademark, or other means of

      attribution or identification of any party in such a manner as is

      reasonably likely to give a user the impression that such other party has

      the right to display, publish, or distribute this site or content

      accessible within this site.  You agree to cooperate with our Company in

      causing any unauthorized co-branding, framing or hyper-linking immediately

      to cease. You may not sell, distribute, or change the information in any shape or form.

      Proprietary Information

      The material and content (hereinafter referred to as the "Content")

      accessible from this site, and any other World Wide Web site owned,

      operated, licensed, or controlled by our Company is the proprietary

      information of our Company or the party that provided the Content to our

      Company, and our Company or the party that provided the Content to our

      Company retains all right, title, and interest in the Content.  

      Accordingly, the Content may not be copied, distributed, republished,

      uploaded, posted, or transmitted in any way without the prior written

      consent of our Company, or unless authorized in writing elsewhere on our

      site, except that you may print out a copy of the Content solely for your

      personal use.  In doing so, you may not remove or alter, or cause to be

      removed or altered, any copyright, trademark, trade name, service mark, or

      any other proprietary notice or legend appearing on any of the Content. 

      Modification or use of the Content except as expressly provided in these

      Terms of Use violates our Company's intellectual property rights.  Neither

      title nor intellectual property rights are transferred to you by access to

      this site.

      Hyper-Links

      This site may be hyper-linked to other sites which are not maintained by,

      or related to, our Company.  Hyper-links to such sites are provided as a

      service to users and are not sponsored by or affiliated with this site or

      our Company.  Our Company has not reviewed any or all of such sites and is

      not responsible for the content of those sites.  Hyper-links are to be

      accessed at the user's own risk, and our Company makes no representations

      or warranties about the content, completeness or accuracy of these

      hyper-links or the sites hyper-linked to this site.  Further, the

      inclusion of any hyper-link to a third-party site does not necessarily

      imply endorsement by our Company of that site.

      Submissions

      You hereby grant to our Company the royalty-free, perpetual, irrevocable,

      worldwide, non-exclusive right and license to use, reproduce, modify,

      adapt, publish, translate, create derivative works from, distribute,

      perform, and display all content, remarks, suggestions, ideas, graphics,

      or other information communicated to our Company through this site

      (together, hereinafter known as the "Submission"), and to incorporate any

      Submission in other works in any form, media, or technology now known or

      later developed.  Our Company will not be required to treat any Submission

      as confidential, and may use any Submission in its business (including

      without limitation, for products or advertising) without incurring any

      liability for royalties or any other consideration of any kind, and will

      not incur any liability as a result of any similarities that may appear in

      future Company operations.

      Our Company will treat any personal information that you submit through

      this site in accordance with its Privacy Policy as set forth on this site.

 

      Disclaimer

      You understand that our Company cannot and does not guarantee or warrant

      that files available for downloading from the Internet will be free of

      viruses, worms, Trojan horses or other code that may manifest

      contaminating or destructive properties.  You are responsible for

      implementing sufficient procedures and checkpoints to satisfy your

      particular requirements for accuracy of data input and output, and for

      maintaining a means external to this site for the reconstruction of any

      lost data.  Our Company does not assume any responsibility or risk for

      your use of the Internet.

      The Content is not necessarily complete and up-to-date and should not be

      used to replace any written reports, statements, or notices provided by

      Company.  Investors, borrowers, and other persons should use the Content

      in the same manner as any other educational medium and should not rely on

      the Content to the exclusion of their own professional judgment. 

      Information obtained by using this site is not exhaustive and does not

      cover all issues, topics, or facts that may be relevant to your goals.

      YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  The Content is provided “as

      is” and without warranties of any kind, either expressed or implied.  Our

      Company disclaims all warranties, including any implied warranties of

      merchantability, fitness for a particular purpose, TITLE, OR

      NON-INFRINGEMENT.  Our Company does not warrant that the functions OR

      CONTENT contained in this site will be uninterrupted or error-free, that

      defects will be corrected, or that this site or the server that makes it

      available are free of viruses or other harmful components.  Our Company

      does not warrant or make any representation regarding use, or the result

      of use, of the content in terms of accuracy, reliability, or otherwise. 

      The content may include technical inaccuracies or typographical errors,

      and Company may make changes or improvements at any time.  You, and not

      our Company, assume the entire cost of all necessary servicing, repair or

      correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS

      SITE OR ITS CONTENT.  Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE

      CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR

      RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

      All of the information in this site, whether historical in nature or

      forward-looking, speaks only as of the date the information is posted on

      this site, and Company does not undertake any obligation to update such

      information after it is posted or to remove such information from this

      site if it is not, or is no longer, accurate or complete.

      Limitation On Liability

      COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,

      CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE

      LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,

      CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF

      REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR

      DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

      DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS

      SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,

      EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF

      THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE

      GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE

      CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

       

      Indemnity

      You will indemnify and hold Company, its subsidiaries, affiliates,

      licensors, content providers, service providers, employees, agents,

      officers, directors, and contractors (hereinafter known as the

      "Indemnified Parties") harmless from any breach of these Terms of Use by

      you, including any use of Content other than as expressly authorized in

      these Terms of Use.  You agree that the Indemnified Parties will have no

      liability in connection with any such breach or unauthorized use, and you

      agree to indemnify any and all resulting loss, damages, judgments, awards,

      costs, expenses, and attorney's fees of the Indemnified Parties in

      connection therewith.  You will also indemnify and hold the Indemnified

      Parties harmless from and against any claims brought by third parties

      arising out of your use of the information accessed from this site.

      Trademarks

      Trademarks, service marks, and logos appearing in this site are the

      property of Company or the party that provided the trademarks, service

      marks, and logos to Company.  Company and any party that provided

      trademarks, service marks, and logos to Company retain all rights with

      respect to any of their respective trademarks, service marks, and logos

      appearing in this site.

      Information You Provide

      You may not post, send, submit, publish, or transmit in connection with

      this site any material that:

      ·        you do not have the right to post, including proprietary material

      of any third party;

      ·        advocates illegal activity or discusses an intent to commit an

      illegal act;

      ·        is vulgar, obscene, pornographic, or indecent;

      ·        does not pertain directly to this site;

      ·        threatens or abuses others, libels, defames, invades privacy,

      stalks, is obscene, pornographic, racist, abusive, harassing, threatening

      or offensive;

      ·        seeks to exploit or harm children by exposing them to

      inappropriate content, asking for personally identifiable details or

      otherwise;

      ·        infringes any intellectual property or other right of any entity

      or person, including violating anyone’s copyrights or trademarks or their

      rights of publicity;

      ·        violates any law or may be considered to violate any law;

      ·        impersonates or misrepresents your connection to any other entity

      or person or otherwise manipulates headers or identifiers to disguise the

      origin of the content;

      ·        advertises any commercial endeavor (e.g., offering for sale

      products or services) or otherwise engages in any commercial activity

      (e.g., conducting raffles or contests, displaying sponsorship banners,

      and/or soliciting goods or services) except as may be specifically

      authorized on this site;

      ·        solicits funds, advertisers or sponsors;

      ·        includes programs which contain viruses, worms and/or Trojan

      horses or any other computer code, files or programs designed to

      interrupt, destroy or limit the functionality of any computer software or

      hardware or telecommunications;

      ·        disrupts the normal flow of dialogue, causes a screen to scroll

      faster than other users are able to type, or otherwise act in a way which

      affects the ability of other people to engage in real time activities via

      this site;

      ·        includes MP3 format files;

      ·        amounts to a 'pyramid' or similar scheme;

      ·        disobeys any policy or regulations established from time to time

      regarding use of this site or any networks connected to this site; or

      ·        contains hyper-links to other sites that contain content that

      falls within the descriptions set forth above.

      Although under no obligation to do so, our Company reserves the right to

      monitor use of this site to determine compliance with these Terms of Use,

      as well the right to remove or refuse any information for any reason. 

      Notwithstanding these rights, you remain solely responsible for the

      content of your submissions.  You acknowledge and agree that neither

      Company nor any third party that provides Content to Company will assume

      or have any liability for any action or inaction by Company or such third

      party with respect to any submission.

      Security

      Any passwords used for this site are for individual use only. You will be

      responsible for the security of your password (if any).  Company will be

      entitled to monitor your password and, at its discretion, require you to

      change it.  If you use a password that Company considers insecure, Company

      will be entitled to require the password to be changed and/or terminate

      your account.

      You are prohibited from using any services or facilities provided in

      connection with this site to compromise security or tamper with system

      resources and/or accounts. The use or distribution of tools designed for

      compromising security (e.g., password guessing programs, cracking tools or

      network probing tools) is strictly prohibited. If you become involved in

      any violation of system security, Company reserves the right to release

      your details to system administrators at other sites in order to assist

      them in resolving security incidents.  Company reserves the right to

      investigate suspected violations of these Terms of Use.

      Company reserves the right to fully cooperate with any law enforcement

      authorities or court order requesting or directing Company to disclose the

      identity of anyone posting any e-mail messages, or publishing or otherwise

      making available any materials that are believed to violate these Terms of

      Use.

      BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY

      CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF

      ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF

      INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.

      Miscellaneous

      These Terms of Use will be governed and interpreted pursuant to the laws

      of Virginia, United States of America, notwithstanding any principles of

      conflicts of law.  You specifically consent to personal jurisdiction in

      Virginia in connection with any dispute between you and Company arising

      out of these Terms of Use or pertaining to the subject matter hereof.  The

      parties to these Terms of Use each agree that the exclusive venue for any

      dispute between the parties arising out of these Terms of Use or

      pertaining to the subject matter of these Terms of Use will be in the

      state and federal courts in Lightfoot, Virginia.  If any part of these

      Terms of Use is unlawful, void or unenforceable, that part will be deemed

      severable and will not affect the validity and enforceability of any

      remaining provisions. These Terms of Use constitute the entire agreement

      among the parties relating to this subject matter.  Notwithstanding the

      foregoing, any additional terms and conditions on this site will govern

      the items to which they pertain.  Company may revise these Terms of Use at

      any time by updating this posting.

      Last updated: May 15, 2003