Last Updated: february 10, 2011
Terms and use and service
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS
SITE,
WHICH IS PROVIDED BY THE Healthy Grill. BY ACCESSING THIS SITE, YOU ARE
INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE
TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BYThe Healthy
Grill 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 The Healthy
Grill 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 The Healthy Grill'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.
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 The Healthy Grill of that
site.
Submissions
You hereby grant to The Healthy Grill 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 The Healthy Grill
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. The Healthy Grill 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 The Healthy Grill
operations.
The Healthy Grill 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 The Healthy Grill 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. The Healthy Grill 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
The Healthy Grill . 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. The Healthy
Grill disclaims all
warranties, including any implied warranties of
merchantability, fitness for a particular purpose,
TITLE, OR
NON-INFRINGEMENT. The Healthy Grill 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. The Healthy
Grill 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
The Healthy Grill , 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 The Healthy Grill 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
The Healthy Grill , 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 The Healthy Grill 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 The
Healthy Grill FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY
AROSE.
Indemnity
You will indemnify and hold The Healthy Grill , 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 The Healthy Grill or the party that
provided the trademarks, service
marks, and logos to The Healthy Grill . The Healthy Grill and any party that provided
trademarks, service marks, and logos to The Healthy
Grill 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, The Healthy
Grill 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
The Healthy Grill nor any third party that
provides Content to The Healthy Grill will assume
or have any liability for any action or inaction by
The Healthy Grill 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). The Healthy Grill will be
entitled to monitor your password and, at its
discretion, require you to
change it. If you use a password that The Healthy Grill considers insecure, The
Healthy Grill 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, The Healthy
Grill reserves the right to release
your details to system administrators at other sites
in order to assist
them in resolving security incidents. The Healthy Grill reserves the right to
investigate suspected violations of these Terms of
Use.
The Healthy Grill reserves the right to fully
cooperate with any law enforcement
authorities or court order requesting or directing The
Healthy Grill 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 The Healthy Grill FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY The Healthy
Grill 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 TEXAS, United States of America, notwithstanding
any principles of
conflicts of law. You specifically consent to personal jurisdiction in
Texas in connection with any dispute between you
and The Healthy Grill 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 Brownsville,
Texas. 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.
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Last Updated: february 10, 2011
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