LEGAL TERMS AND CONDITIONS
Our mission is to promote happy, healthy lives in a way that is flexible and fun. The Website located at www.kaleandchocolate.com (the “Website”) contains text, graphics, images, and other content (collectively “Content”), which are for informational purposes only. Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always consult a qualified health care professional for medical advice and answers to personal health questions.
Kale & Chocolate LLC specifically recommends that you seek the advice of a qualified medical professional with any questions you may have before embarking on any program advocated on the Website. This Website does not constitute an attempt to practice medicine. Your use of the Website does not establish a doctor-patient relationship. E-mail inquires do not serve as a means of communicating a request for diagnostic information or treatment and is not a substitute for the patient directly scheduling an appointment for care or taking appropriate steps to obtain proper/appropriate medical attention. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. If you think you may have a medical emergency, call your primary care physician or 911 immediately. Kale & Chocolate LLC does not recommend or endorse any specific tests, physicians, products, procedures, medical theories, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Website or Kale & Chocolate LLC’s employees or their agents is solely at your own risk. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THEREIN IS ACCURATE, COMPLETE OR UP TO DATE OR ANY GUARANTY OR ASSURANCE THAT THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, KALE & CHOCOLATE LLC OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR LICENSEES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
The Website may contain images or descriptions that some people may find offensive. If you find these materials offensive, we recommend that you refrain from accessing the Website.
BY ACCESSING THE WEBSITE:
The words “use” or “using” in this Agreement, means any time you, directly or indirectly, with or without the aid of a machine or device, access or attempts to access, interact with, use, display, view, print or copy from the Website, receive data from the Website, or in any way utilize, benefit, take advantage of or interact with any function, service or feature of the Website, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Website that may direct your browser or your Internet connection to third party Websites or Web pages, which rights and responsibilities are set forth below in Section G.
A. GENERAL TERMS
C. OWNERSHIP AND PROPRIETARY RIGHTS
Copyright © 2013 Kale & Chocolate LLC – All Rights Reserved.
The Website, including any and all content, media and materials, all software, code, design, text, images, photographs, illustrations, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, and visual effects, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) are the property of Kale & Chocolate and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors. All Content on the Website is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the Website is either the copyrighted property of Kale & Chocolate or is the copyrighted property of third parties unless otherwise noted.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on the Website, including, without limitation, “Kale & Chocolate,” our stylized Kale & Chocolate logo and slogan “For a Nourished Life” are the trademarks and intellectual property of and proprietary to Kale & Chocolate. You have no right to use any of these Marks or any marks confusingly similar thereto for any purpose without the express prior written consent of Kale & Chocolate, such consent shall be in Kale and Chocolate’s sole and absolute discretion.
D. LICENSE AND WEBSITE ACCESS
Kale & Chocolate authorizes you to access Content on the Website and grants you the limited right and license to use the Website solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the Website for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the Website, including notices on any Content you display, print or reproduce from the Website. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, deliver, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site) or otherwise use, any Content without the express prior written consent of Kale & Chocolate.
This license does not include any resale or commercial use of the Website or its Content; any derivative use of the Website or its Content; any downloading or copying of membership information for the benefit of a third party; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Kale & Chocolate. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our Marks without our express written consent. Any unauthorized use terminates the permission or license granted by Kale & Chocolate.
As an express condition of your use of the Website, you warrant to us that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.
E. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Kale & Chocolate has adopted the following Intellectual Property Compliance Policy. If you or any user of the Website believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(1) A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
(2) Identification of the IP Rights claimed to have been infringed;
(3) Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
(4) Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
(5) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
(6) A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Kale & Chocolate LLC
On notice, we will act expeditiously to review and if necessary to remove content on the Website that infringes the IP Rights of others and will disable the access to the Website and its services of anyone who uses them to infringe repeatedly the IP Rights of others. Any such removal will be without liability to you or any other person and the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of IP Rights, both our own and others, very seriously.
We may offer various services for purchase through the Website. In order to purchase services through the Website, you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. By purchasing such services, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.
All prices are shown in U.S. dollars, and are valid and effective on the day they are ordered. All prices are subject to change without notice.
All purchase orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. You are responsible for any taxes imposed on purchases through the Website and any applicable taxes will be added to the amount charged. You agree to indemnify, defend and hold Kale & Chocolate, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to pay any taxes to the proper governmental authorities.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY PURCHASES THROUGH THE WEBSITE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PURCHASES THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. We have no responsibility or liability whatsoever for goods or services you may obtain from or through third party web sites or web pages, even if you were directed or linked to such a site or page through the Website.
G. HYPERLINKS TO THIRD PARTY SITES
Any unsolicited, non-personal content you provide to Kale and Chocolate through the Website or by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, Kale & Chocolate shall be free to reproduce, use, disclose and distribute such Information without restriction.
I. WEB COMMUNITIES, FORUMS AND POSTINGS
The Website may contain forum services, web communities, and other message and communication facilities (“Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, files, messages, transmissions and content with other users and/or with us and these collectively are referred to in this Agreement as a “Post” or “Posting.” Kale & Chocolate reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that it deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, Kale & Chocolate shall have no liability if unauthorized persons nevertheless obtain access to a restricted Community. Your use of the Communities is entirely at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
The Website does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of user Postings. YOUR USE OF THE COMMUNITIES IS SOLELY AT YOUR OWN RISK. KALE & CHOCOLATE ASSUMES NO DUTY TO MONITOR POSTINGS WITHIN THE COMMUNITIES. KALE & CHOCOLATE DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF SUCH POSTINGS OR THAT POSTINGS COMPLY WITH THE TERMS OR CONDITIONS OF THIS AGREEMENT. YOU SHOULD NEVER RELY UPON ANY POSTING AS BEING TRUE, ACCURATE OR GENUINE.
You understand, acknowledge and agree that Postings are the sole responsibility of the individual associated with that Paoting. This means that you, and not us or the Website, are entirely responsible for the consequences of all of your postings. Postings do not reflect the views of Kale & Chocolate or any of its affiliates. In no event shall Kale & Chocolate or any affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the Website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website and/or the Communities.
If you Post on the Website, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize Kale & Chocolate and its affiliates to use such Posting in whole or in part, throughout the universe, and you automatically grant Kale & Chocolate and its affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or compensation, attribution or otherwise; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does not and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to Kale & Chocolate, any affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant Kale & Chocolate and its affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
The amount of storage space on the Website per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
We are not obligated to respond to any Post. If we choose to respond, we will use commercially reasonable diligence in responding, although we do not “guarantee” any response time.
All Postings are subject to our online etiquette policy, which are as follows:
(1) Treat all other Members with the same respect that you would expect from them;
(2) Be honest;
(3) Don’t use offensive language;
(4) Refrain from inappropriate comments or insults;
(5) Respect others’ privacy;
(6) Respect others’ time;
(7) Stay on topic;
(8) Avoid using ALL CAPS to emphasize – this will be understood as “yelling.”; and
(9) Keep messages short;
You acknowledge and agree that we will determine in our sole and absolute discretion whether any Posting violates the etiquette policy or conduct of this Website. You agree that we may at any time, and at our sole discretion, terminate your access without prior notice to you for violating any of the above provisions. Should your access be terminated for this reason, you acknowledge that may notify law enforcement authorities and fully cooperate with any investigation related thereto.
J. RULES OF CONDUCT
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for your acts, actions and omissions that occur in, from, or through the Website. You shall not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:
(1) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
(2) affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
(3) result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
(4) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Website or Web pages;
(5) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
(6) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
(7) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
(8) gain unauthorized access to the Website, other users’ accounts, names, User IDs, personally identifiable information or other computers, Websites or Web pages, connected or linked to the Website or to use the Website in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
(9) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise; or
(10) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Website, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
You agree to indemnify, defend and hold Kale & Chocolate, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any content you provide, submit or make available on or through the Website or your unauthorized use of any Content. Kale & Chocolate reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Kale & Chocolate in the defense of any such claim, action, settlement or compromise negotiations, as requested by Kale & Chocolate.
K. DISCLAIMER AND LIMITS ON LIABILITY
We try to assure the accuracy of all information displayed on the Website, but it is possible that the information contains errors, inaccuracies, or omissions. Despite our best efforts, some of such information may contain errors. We are not liable for any harm caused or related to any such errors. THE WEBSITE AND ALL MATERIALS, AND PRODUCTS THEREON ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Website. Without limiting the foregoing, Kale & Chocolate is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, KALE & CHOCOLATE OR, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You further understand and acknowledge the capacity of the Website, in the aggregate and for each user, is limited. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
L. ADS AND MALWARE
We take great care and pride in creating the Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Website — and that is totally beyond our control.
If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Website and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
M. INTERNATIONAL USE
Although the Website may be accessible worldwide, we make no representation that Content herein is lawful, appropriate or available for use in locations outside the United States of America or that it is authorized for export from the United States of America or for import into any foreign country, and accessing the Website from territories where its content is illegal is prohibited. If you choose to access the Website from locations outside the United States of America, you do so on your own initiative and are responsible for compliance with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States of America from which you may access the Website. Any offer for any service, and/or information made in connection with the Website is void where prohibited.
N. CONTESTS, SWEEPSTAKES AND PROMOTIONS
Kale & Chocolate or its affiliates or its operational service providers, suppliers, and advertisers, may conduct promotions on or through the Website, including, without limitation, contests or sweepstakes (collectively “Promotions”). Each Promotion may have additional terms and/or rules which will be posted on the Website or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
O. MISCELLANEOUS TERMS
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement, which will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
This Agreement and your use of the Website shall be governed by, construed and enforced in accordance with the substantive laws of the State of Maryland, USA applicable to contracts made, executed and wholly performed in that State. For the purpose of any and all legal or equitable actions, you expressly agree to be subject to and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Maryland and agree you will not object to such exclusive jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Kale & Chocolate has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.
A. GENERAL TERMS
In general, you can visit the Website on the Internet without telling us who you are or giving us your personally identifiable information. As to all of the information described below, Kale & Chocolate will not give, sell, rent or exchange the information with anyone else without your prior consent except as compelled by law (see below). You can be assured that when we collect information from you, we will never use it for any marketing purposes. You may also turn off cookies in your browser. For more information on what a “cookie” is and how it works, please see below.
We reserve the right to change this Policy at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by issuing an e-mail to the e-mail address that you listed when registering or by posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to review this Policy periodically, and be aware of any modifications. Your continued use of the Website after any such modification will constitute your: (a) acknowledgment and understanding of any modified Policy; and (b) agreement to abide and be bound by any modified Policy.
B. TYPES OF INFORMATION COLLECTED.
In operating the Website, we DO NOT collect any personally identifiable information (“PII”) from you unless you provide it to us. PII refers to information that lets us know the specifics of who you are, for example your first and last name or e-mail address. We collect PII when you pay for workshops through the Website, make appointments for our services or sign up for our newsletter. Rest assured that we do not share any PII with anyone. However, this policy is subject to change without notice and we encourage you to periodically check our Policy statement. Notwithstanding anything to the contrary above, we may retrieve and/or disclose PII about a user: (1) if compelled by law, or (2) in response to a request from a law enforcement official in connection with a court proceeding.
Non-personally identifiable information (“Non-PII”) refers to information that does not by itself identify a specific individual. For example, our service provider may gather certain general information about you based upon where and how you visit the Website in several ways. This information may be compiled and analyzed on both an individual and an aggregate basis. This information may include the Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and/or your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web (“Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web or allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. We use Non-PII to enhance the smooth operation of the Website, statistically analyze the Website’s use, improve our service offerings, and customize the Website’s content. We DO NOT share your Non-PII with anyone.
C. PRIVACY POLICIES OF THIRD-PARTY SITES
D. SECURITY OF INFORMATION
At our Website, you can be assured that your information is secure, consistent with current industry standards. The importance of security for all information associated with our users is of utmost concern to us. We use a variety of security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. For example, when you login to our Website through the Internet, we protect the information through the use of encryption, such as the Secure Socket Layer (SSL) 256-bit encryption protocol, which prevents unauthorized parties from viewing such information when it is transmitted. We review these security measures from time to time and evaluate new technologies or approaches that would further enhance the security measures currently in place. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we conscientiously strive to protect your information, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) it is possible that any such information and data may be viewed or tampered with while in transit by a third party.
Once you leave the Website, the cookie remains on your computer’s Web browser in case you choose to visit the Website again. The cookie is not deleted when you close your Web browser, although you may set your Web browser to delete cookies.
F. MISCELLANEOUS PRIVACY ISSUES.
You must be at least 13 years old or have your parent or guardian’s permission to use the Website. Our policy is that we do not knowingly collect, use, or disclose PII about any visitors, especially those that are under 13 years of age. If you have any questions about this Policy, the privacy practices of Kale & Chocolate LLC, or your dealings with the Website, please send us a letter via facsimile or email to:
Kale & Chocolate LLC
Attn.: Elise Museles