Date of Last Revision: May 2022
Purpose and Scope of the Services
The Web Site provides health and nutrition advice and recipes and information about preparing delicious meals using organic, unprocessed food. You can gather information free from the Web Site, through links to or feeds from other web sites, or sign up to receive emails or, for a fee, meal plans, books, Real Food Boot Camp, the Thyroid Support and Health online course, The Adrenal Balance Course, or any future courses or products.
Proprietary Rights in Web Site Content; User Content License
All content on the Web Site, other than User Content as defined below, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Web Site Content”), are the proprietary property of Deliciously Organic with all rights reserved. No Web Site or online course Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Deliciously Organic’s prior written permission. You may not republish Web Site Content or online course content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Web Site Content and online course content is strictly prohibited. Any use of the Web Site or the Web Site Content other than as specifically authorized herein, without the prior written permission of Deliciously Organic, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Web Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
“User Content” means the information you have provided to us for consideration to be posted on the Web Site. Information may be provided in the form of comments, or, if the Web Site provides any forum, in the form of posts to such forums. Deliciously Organic does not claim ownership rights in any User Content. By providing User Content to us, you grant to Deliciously Organic a non-exclusive, royalty-free license to use, copy,
distribute, and display all User Content for the purpose of making the User Content available on the Web Site.
DELICIOUSLY ORGANIC™ and other Deliciously Organic, Real Food Boot Camp, or Thyroid Support and Healthgraphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Deliciously Organic in the U.S. and/or other countries. Deliciously Organic’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Deliciously Organic.
You understand that the Services and the Web Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Web Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services or the Web Site or for any other purpose. You further agree that you may not use the Services or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Services or the Web Site to: upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any information that you know is false or misleading; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make available any photographs of another person or taken by another person without that person’s consent; solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User or Contributor; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Deliciously Organic, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Deliciously Organic or its Users to any harm or liability of any type.
Deliciously Organic reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Services by any person, please contact Deliciously Organic at [firstname.lastname@example.org].
You are solely responsible for the information that you submit to Deliciously Organic. You understand and agree that Deliciously Organic may, but is not obligated to, review any User Content submitted by you and that the decision whether or not to post User Content is determined solely by Deliciously Organic. You further understand and agree that Deliciously Organic may edit, redact, or refuse to post any User Content that in the
sole judgment of Deliciously Organic violate this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Users or others.
If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 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, its agent or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Deliciously Organic has adopted a policy of terminating, in appropriate circumstances and at Deliciously Organic’s sole discretion, members who are deemed to be repeat infringers. Deliciously Organic may also at its sole discretion limit access to the Web Site of any Users or Contributors who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Websites and Content
The Web Site contains (or you may be sent through the Web Site or the Services) links to other web sites (“Third Party Web Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (“Third Party Content”). Such Third Party Web Sites and Third Party Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Web Sites accessed through the Web Site or any Third Party Content posted on the Web Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Web
Sites or the Third Party Content. Inclusion of or linking to any Third Party Web Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Web Site and access the Third Party Web Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Site.
Deliciously Organic is not responsible or liable in any manner for any User Content or Third Party Content posted on the Web Site or in connection with the Services.
The information provided by this Web Site contains the opinions and experiences of its author, Carrie Vitt. This Web Site is not intended to provide medical, health, or nutritional advice, treat any medical or health issues and it should not be relied upon for that purpose. You should never use information on this site to ever take the place of your doctor’s advice.
Always contact your doctor for all medical and health advice. NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.
The information on this website has not been evaluated by the Food and Drug Administration.
This site offers health, wellness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a doctor or other health-care professional.
Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
By accessing the Sites and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites, Courses and/or Products is a promise, warranty or guarantee to you of such results.
The Web Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Deliciously Organic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Deliciously Organic is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating in connection with the Web Site and/ or in connection with the Services. Under no circumstances will Deliciously Organic be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Web Site or the Services, any User Content or Third Party Content posted on or through the Web Site or the Services or transmitted to Users, or any interactions between Users of and Contributors to the Web Site, whether online or offline.
THE WEB SITE, THE SERVICES AND THE WEB SITE CONTENT ARE PROVIDED “AS-IS” AND DELICIOUSLY ORGANIC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. DELICIOUSLY ORGANIC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. DELICIOUSLY ORGANIC DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL DELICIOUSLY ORGANIC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE
OF THE WEB SITE OR THE SERVICE OR ANY OF THE WEB SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF DELICIOUSLY ORGANIC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree to indemnify and hold Deliciously Organic, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Web Site, your use of the Services, Courses, or the Web Site, your conduct in connection with the Services or the Web Site or with other Users of the Service or the Web Site, or any violation of this Agreement or of any law or the rights of any third party.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE Real Food Boot Camp, the information in Thyroid Support and Health Course, the Adrenal Balance Course, any future courses or products sold by Deliciously Organic, or any ESSENTIAL OIL PRODUCT IS AT YOUR SOLE RISK. By purchasing the Real Food Boot Camp, Thyroid Support and Health, The Adrenal Balance Course, or any Essential Oil Product, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your
health, wellness or results of any kind.
Carrie Vitt is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to http://amazon.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.