Terms & Conditions

Introduction:

Welcome to www.eatsmarter.com (the “Site”)! Our Internet site is maintained by ES Media Services LLC and its affiliates TK (collectively, “Eat Smarter” or “EAT SMARTER GmbH & Co.”). The goal of this site is to provide a powered platform of information about healthy and conscious diets. In addition, EAT SMARTER offers registered uses custom-made cookbooks that the user can send to his or her friends and family, shopping lists to send via email or SMS, and further services and information on healthy eating. Our TERMS OF USE (“Terms of Use”) have been established to ensure the safety and friendly environment for all of our users. The Terms of Use illustrate what you can expect from us and what we expect from you.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THEY ARE LEGALLY BINDING ON YOU. Upon entering the site, you signify your agreement to the Terms of Use (Note: the use of the word “Terms” also includes the term and concept of “Conditions”). EAT SMARTER reserves the right to add, modify]ty or remove portions of the Terms of Use at any time and upon our sole discretion. Please check these terms regularly for changes. Your continued use on the site, now and following the changes of the terms, signify your acceptance of the conditions of the Terms of Use. Violations include, at a minimum, a loss of right to use the Site, and are decided upon our discretion.

We reserve the right to suspend, restrict, discontinue and/or terminate your account or ability to access the Site in the event of any breach, violation or actions that are inconsistent with the rules, communicated to the user including, but not limited to the Privacy Policy and Terms of Use (collectively, the “Agreement”). Actions of EAT SMARTER can be done with or without notice.

In addition, we reserve the right to take any technical, legal and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any claimed violations. Upon entrance to the site, you acknowledge and agree to the restrictions of the User in the case of stopping or preventing a violation of the rules explained in the Agreement.

In the event of any conflict or inconsistency between the conditions of this User agreement and the Privacy Policy, including any rules, restriction, limitations, terms and/or conditions, we shall determine which policy takes precedent at our soul discretion. You have the right to challenge or dispute such resolution.

The Agreement governs all algorithms, source and object codes, formulas, indexes, registries, repositories, data, statistics, analysis, trademarks, trade names, service marks, and other brand identifiers, copy, creative, artwork, illustrations, images, graphics, photographs, video, audio, music, text, articles, and all other content, information and material (collectively, “Content”) available throughout the Site.

With your compliance, we grant you a non-exclusive and non-transferable single user license to download and install one (1) copy of the Application to your computer, mobile device, and/or computer for your own personal use. You may not (a) copy, modify and/or distribute, including transfer, sublicense, lease, lend, and/or rent the Application for any purpose, (b) decompile, disassemble, reverse-engineer and/or create derivative works of the Service (c) use the Site for any unlawful manner/purpose or any manner inconsistent with these Terms.

Upon downloading the Application through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (a) the Terms of Use are between the individual, you, and EAT SMARTER, us, and does not include the App Provider, (b) EAT SMARTER, not the App Provider is responsible for the software, and thus are not obligated to maintain, support or handle warranty claims of the Application, (c) as a third party beneficiary, the App Provider will have the right to enforce the Terms of the Application, (d) you, the individual, must comply with the terms of serves of the third party.

Eat Smarter Partnership

Upon offerings of goods, information and/or information of partner companies, EAT SMARTER is deemed the contractor of the user. These contracts are determined solely by the user and the partner. The user is not entitled to the establishment of EAT SMARTER service. We reserve the right to change the content of the portal at any time without prior notice or reason, in addition to the right to cease publication temporarily or permanently.

Registration

We may require you to register and/or set up an account/profile to access, visit and/or use certain portions of the Site in which case you will be required to provide a name, email address, username/ user ID, password, and other personally identifiable information (collectively, “Registration Information”). We reserve the right to use and/or share your Registration Information as described in our Privacy Policy.

You agree and guarantee that all information provided within the Registration Information is true, up-to-date and accurate. You may not impersonate/imitate somebody else when registering and/or setting up an account/profile on this Site. If any of the information changes, you must promptly modify the Registration Information. If no such mechanism is available, contact and notify EAT SMARTER as described in our Privacy Policy. WE ARE NOT LIABLE FOR YOUR FAILURE TO MAINTAIN AND/OR PROVIDE ACCURATE INFORMATION IN REGARDS TO YOUR REGISTRATION INFORMATION. WE ARE NOT RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.

We reserve the right to require a change of username/ user ID, password, avatar, or access means of the Site at any time.

You are solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit another individual to use or access your Registration Information and you may not access another individual’s Registration Information. You may not sublicense, transfer, sell rent or assign your Registration Information to a third party without written approval. Any attempt to do so will be considered a material breach of the Agreement.

You are solely responsible for the access, visitation, usage and/or activity of your account/profile. This includes, but is not limited to, any person who uses your account/profile to gain your Registration Information, with or without your permission, or anyone who has access to the computer, mobile device, or other device that you have previously logged into or that which your account information is easily accessible. You acknowledge, agree and authorize that we have the right to process all transactions that are initiated by use of your Registration Information.

If you, for any reason, believe that the security of your account/profile has been compromised, you must immediately change your Registration Information and please notify us as described in our Privacy Policy.

Every user can register for free on our Site to receive and use the advanced functions. The user will not be charged upon registration. The user is only required to provide an email address, username and password. The user must guarantee that all the information is true upon completion. The user agrees to keep his or her password secure and will not divulge to third parties. The user will be liable for any crimes committed under his or her username and password unless proven that it is not his or her fault. Each user may only register once and create one user profile/account.

The recipes and articles of EAT SMARTER and provided for private purposes. EAT SMARTER measures maintenance of software and hardware and allows for an almost unlimited use. We do not guarantee that this will not be recorded. The use of copyright and/or trademark protected materials provided by EAT SMARTER, including the copying of content to give to another party, is prohibited and requires prior written consent of EAT SMARTER.

EAT SMARTER has legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Our policy includes an immediate suspension and/or termination of any user who is found to have infringed on the rights of the policy of both EAT SMARTER and third parties or have violated any intellectual property. It is company policy to investigate any allegations of copyright infringement brought to our attention. If you want the company to delete, edit or disable material that you believe to be violating your or a third parties’ rights, you must provide: (a) a physical or electronic signature of the owner of the work that is believed to be infringed that allows you to act on his or her behalf, (b) identification or list of the copyrighted work that is claimed to be infringed, (c) information, such as an address, telephone number, or email address, in which you would like to be contacted, (d) a statement regarding why you believe that this material is not authorized by the copyright owner, agent or law, and (e) a statement that the information you have provided is accurate and authorization that you may act on behalf of the owner of the work that is believed to be infringed. Please provide this information to ES Media Services in order for this to be effective: Website Administrator, ES Media Services, 23410 Civic Center Way, Malibu, CA 90265, 310.317.9100 (phone), info@eatsmarter.com (email).

Sensitive Information

The content provided on the Site are for self-responsible information. The recipe recommendations are non-binding suggestions in the content of a balanced diet, not including particular treatments or therapy recommendations for specific diseases/symptoms. EAT SMARTER assumes no responsibility for correctness and quality of information provided. Note that the information presented are not substitutes for profession advice by a physician and should not be used for self-diagnosis and/or as a modification or termination of a medically prescribed treatment of diseases. EAT SMARTER does not provide or issue medical advice or recommendations. Before using the recipe recommendations, consult with trusted health professionals.

While users are given the right to discuss topics of interest to them, the Site includes general content that ranges from a variety of topics, including health, medical, legal, or financial, that the user should not rely on as advice. We recommend that you talk to a reliable profession regarding such on such issues. The individual is responsible for evaluating the merits and/or risks associated with the Site content before making decision based on the content provided.

THE CONTENT FOUND THROUGHOUT THE SITE IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUTED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL OR FINANCIAL ADVICE, (B) RECOMMEND, ENDORSE, OR ADVISE ANY SPECIFIC STRATEGIE IN REGARDS TO SUCH TOPICS, (C) DIAGNOSE, CURE OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITIION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL BEFOREHAND. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PRIMARY HEALTH CARE PROVIDER, PHYSICIAN, OR OTHER TRUSTED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDIG A MEDICAL CONDITION. IN ADDITION, WE AND OUR LICENSORS, VENDOR AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED THROUGHOUT THE SITE.

User Obligations

The following will emphasize acts of exploitation or contact that are not permitted. EAT SMARTER reserves the right to delete or disable, among others, when users’ posts, activities and actions are illegal and are particularly offensive, such as pornographic or other violates youth protection, as well as all articles in which a person or businesses’ honor or reputation is attacked or otherwise damaged. If users violate copyright or trademark rights, or discriminate against other individuals, violations will take place. Users may not put links to other sites or services that are unlawful, offensive or pornographic in content or otherwise inappropriate, or provides advertisement or commercial use without the prior consent of EAT SMARTER. You shall not retrieve data automatically in hopes of building a search system with the information given within the Site to create cross posting. Multi-level marketing includes text messages, chain emails and letters by mail. You shall not use software, uploaded file and other mechanisms to spy on others and/or their computers. Furthermore, you cannot use these mechanisms to crash the EATSMARTER server or create any impairments for the Site.

Use of the Service by You:

This Site is not intended for users under the age of 13. We do not knowingly collect personally identifiable information from users under the age of 13 and such users are prohibited from registering, submitting their personal information, and thus services that require this information, including and are not limited to cookbooks, public discussion areas, and contests/sweepstakes.

You shall ensure that all equipment, hardware, software, and/or service you use to access the Sit does not disturb or interfere with our operation or impede with our others’ access and/or use of the Service. We reserve the right to immediately disconnect, with or without notice, any equipment, hardware, software and/or services causing interference with us, our licensors, vendors, or service providers.

If you provide us with, or we obtain, the number for a mobile or other device, you agree and guarantee that such device is registered in your name and owned by you, or that you have permission from the device owner(s).

Unless otherwise specified, the Site is intended for the users personal, non-commercial use only. The user is solely responsible for all usage and activity on the Site by you and other individuals you provide access to. For example, by authorizing or allowing access to your account/profile or any computer, mobile device, or other device, to another individual, you will be held responsible.

EAT SMARTER does not endorse and does not always review the content of the linked sites, destinations, applications or services and thus is not responsible for the actions of those sites, destinations, applications or services. Accessing, or linking, other sites, destinations, applications, or services is done at the users’ own risk.

Users must comply with all local, state, federal, provincial, national, international and foreign laws, rules and regulations while using the Site. We will be notified immediately when there are learned or suspected security breach or any illegal activity in connection with the Site.

All laws and or rules and regulations must be adhered to on all importing and exporting. There shall be no transfer of prohibited material for an unknown or known use. Posts, uploads, transferring or other methods of making the content available cannot be done without prior government authorization or notification; this includes certain types of encryption software.

Individuals that are located in terrorist supporting countries, located in countries that are subject to an U.S. governmental embargo, and/or listed on governmental prohibition or restrictions are not allowed registration.

Local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws protect the content within the Site. This content includes, and is not limited to, photos, images text, music, audio, videos, trademarks, trade names, and other brand identifiers that is provided buy us or our licensors or vendors.

Prohibitions on Use of the Service:

Prior written consent is required for certain situations. You may not, nor may you allow, authorize, assist, enable, instruct, inform, encourage, suggest or promote that others, directly or indirectly, do any of the following for any reason:

(a) access, visit and/or use the Site by use of another user, or to gain information regarding the individual’s Registration Information;

(b) use the Site for any commercial, advertising, promotional, or marketing use through the use of photos, images, text, music, audio, videos, trademarks, trade names, and other brand identifiers except by the permission of the Copyright Act and other copyright restrictions;

(c) set up account/profiles that impersonate or imitate another individual, as well as imply or represent any affiliation, association or connection with a person or entity when using the Site;

(d) give another individual access to your Registration Information or the Site under your username/user ID and password.

(e) provide content such as junk mail, spam, chain letters, advertising, commercial offers, pyramid schemes and/or phishing via uploads, posts, and other means of making available;

(d) upload, post, send or otherwise make available repeatedly, e.g. the same content multiple times a day, week, or month;

(f) use bots, cheats, scripts, macros, or run any form of auto-responders (including Mailist and Listserv) or automated processes for meta-searching or caching of information with use of the Site;

(g) aggregate, capture, crawl, compile, copy, extract, index, gather, harvest, mine, scrape, spider or store content, through the use of an automated or manual process, found within the Site, which includes and is not limited to algorithms, source and object codes, formulas, indexes, registries, repositories, data, statistics, analysis, trademarks, trade names, service marks, and other brand identifiers, copy, creative, artwork, illustrations, images, graphics, photographs, video, audio, music, text, and articles, especially if we have taken steps to prevent you from doing so;

(h) use any language that is posted, uploaded or otherwise made available on the Site that would be considered abusive, hateful, violent, intimidating, bullying, harassing or victimizes an individual and would thus be considered a personal attack;

(i) use any language that is posted, uploaded or otherwise made available on the Site that would be considered abusive, hateful, violent, intimidating, bullying, harassing or victimizes a group, whether it is based on race, gender, religion, national origin, disability, sexual orientation, or age that would be considered racism, sexism, ageism, religious intolerance, bigotry, ethnic slur, or homophobia;

(j) use any language that can be used to encourage or promote violence, constitute a criminal offense, give rise to civil liability and other that may violate local, state, federal, provincial, national, international, or foreign law through the posting, uploading or other means of making available on the Site, in which these posts include, and are not limited to, fraud, invasion of privacy, child pornography and/or defamation;

(k) use the information gained from the Site as a means to stalk others on or through the Site;

(l) use any language that we deem pornographic, sexually explicit, lewd, obscene, indecent, illicit or lascivious through uploading or posting on the Site;

(m) engage or participate in “cyber-sex” or “sexting” on or through the Site;

(n) use any language that we deem offensive, harmful, violent, immoral, crude, vulgar, deceptive, or otherwise inappropriate that is posted or uploaded onto the Site;

(o) communicate information that you are bound not to disclose, such as insider information, trade secretes, confidential information, and/or propriety, through the posting or uploading onto the Site;

(p) post or upload information regarding the mechanisms of contests, sweepstakes, auctions or similar promotions in an attempt to manipulate the results or to get others to not comply with the rules and regulations of the promotion;

(q) encourage, assist, suggest, promote, enable, authorize or give instructions for weapon and/or explosive manufacture or use through the use of uploads and posts on the Site;

(r) post or upload any software disabling devices, viruses, bugs, corrupted files, spyware, time bombs, worms, Trojan horses, cancelbots, malware, malicious programs or codes, or similar devices or defects;

(s) use a browser to attack, hack, disable, impair, destroy, alter, tamper or interfere with the Site including communications, messaging, functionality, hardware, network serves, programing, or by a means of gaining personal information or property, such as administrator passwords or by imitating an administrator.

CAUTION: ANY ATTEMPT TO DO ANY OF THE ABOVE PROHIBITED ACTS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. WE RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT OF THE LAW WHO SHALL AN ATTEMPT BE MADE.

Comments on the Service Not Necessarily Endorsed by Use:

We do not endorse, support, encourage, or agree with comments or statements that are posted or uploaded onto the Site, including and not limited to discussion areas, galleries, cats and blogs. The content does not represent our views, but are solely the views of the user who posted them. You agree that we and our licensors or vendors are not responsible and thus have no liability with respect to the content that is posted that violates the Agreement.

Liability

EAT SMARTER is not responsible for successful cooking. The nutritional values are only for informational purposes and are not guaranteed. We are not responsible for any direct or indirect damages that are a result of recipe recommendations. EAT SMARTER is only liable for losses due to the company and/or our representatives, employees and is caused by a breach of contractual obligations. EAT SMARTER is only responsible for the damages we could have foreseen before the contract had been concluded. We shall not be liable for any injuries of life, body or health.

Disputes

In the event of a dispute, you will first contact us and secondly, in good faith, attempt to coming to a conclusion with us before resulting to formal means, such as any court action. Court actions will be disputed individually, without class action. In addition, you suspend your right to a trial by jury. Furthermore, any cause of action must be commenced within one (1) year after the issue arose; otherwise, you waive your right to submitting a cause of action and thus the cause of action is permanently barred.

All issues concerning validity, construction, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States and California State. Court actions will be resolved exclusively by a state or federal court located in Los Angeles, California. You consent to a personal jurisdiction and waive any claim of forum non conveniens. In the case of a conflict between state and other laws, the conflict will be resolved according to the laws of California. All judgments are limited to actual out-of-pocket damages, this does not include indirect, punitive, incidental and/or consequential damages or attorneys’ fees.

In the event the court of competent jurisdiction finds invalidity or unenforceable provisions within the Agreement, that provision will be enforced to the maximum extent of the law, while the rest of the Agreement will continue to be valid and enforceable.

Warranties

EAT SMARTER HERBY DISCLAIMS ALL WARRANTIES. EAT SMARTER IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME RISK OF LOSS, DAMAGE, AND INABILITY TO USE TH SITE. EAT SMARTER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EAT SMARTER DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIN OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Linking From and To This Website

In the case that the Site links you to another website, we do not endorse or control their content or compliance with any laws. If you chose to link to another site, you are doing so at your own risk and we do not assume responsibility for inaccurate or unlawful content that be on the linked site. Any concerns on content should be directed to that particular site.

Links are subject to our approval and we decide at our sole discretion. Any linking that is deemed competitive, commercial or offensive is strictly prohibited.

Termination of Use

Every user can terminate their registration at any time and under their own discretion. The notice should be sent in writing to EAT SMARTER, 23410 Civic Center Wary Suite E8, Malibu, CA 90265, or by email to info@eatsmarter.com.

The Privacy Policy of EAT SMARTER is provided here.

Amendment of Terms

We reserve the right to change our terms at any time. EAT SMARTER will inform the user within the website or by email about the change and give them the opportunity to oppose of the changes. Users have two weeks to oppose the changed terms; after those two weeks are over, the new conditions are accepted by the use. We reserve the right to dismiss the utilization ratio.

NO LICENSE

Nothing within the Site is granting the user a license to any service marks, trademarks or logos owned by EAT SMARTER or by a third-party.

CALIFORNIA USE ONLY

The Site is controlled and operated by EAT SMARTER and our offices in the State of California. We do not indicate that our service cannot be used in other locations. A user’s access to the Site will not be used as a means for EAT SMARTER to gain the benefits of doing business in another state, or under another jurisdiction.

Final Provisions

Provisions are effective, while individual provisions are total or partly ineffective. Upon ineffectiveness or in the case of a treaty, the Contracting Parties will meet with a legal team that is economical to discuss the invalid provision. Contracts between EAT SMARTER and the user is valid to the law of the United States of America.

ACKNOWLEDGEMENT

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS AND AGREE TO THE LAWS THAT BOUND YOU.