Updated as of September 5, 2015
This User Agreement (this “Agreement”) is effective upon acceptance for all users.
The following describes the terms on which Stress Free Recipes LLC (“we”, “us”, “our”) offers you access to our sites and services. These sites and services are provided “as-is,” and no representation, warranty, term or condition, other than as specifically set forth in this Agreement, shall be binding on us. By using our sites and services, each user hereby acknowledges that such user has read and fully understands this Agreement and agrees to all of its terms.
As used in this Agreement:
· The term “sites” means StressFreeRecipes.com, StressFree.Recipes, StressFreeMomtoBe.com, and StressFreeWomensHealth.com.
· The term “services” means all of the content and services offered on the sites, including recipe search, Recipe Box, Recipe Genius, Recipe Creation, Meal Calendars, Shopping Lists, products for sale, the blogs, member profile information, photos and graphics, message boards, posts, messages, comments, and healthy tips.
· The term “blogs” means StressFree.Recipes/Blog-3, StressFreeMomtoBe.com and StressFreeWomensHealth.com.
· A “buyer” is a prospective or actual purchaser of products and services from sellers.
· A “seller” is a merchant that lists their business ads and contact information on our sites for the purpose of selling products and/or services to a buyer.
· A “member” is any person who has created an account.
· A “nonmember” is any person who has not created an account.
· The term “profile information” means your name, username, email address, photos and graphics uploaded by members, information you give us about your health and culinary tastes, message boards, posts, messages, Meal Calendar(s), Shopping List(s) and Recipe Box.
· A “user” is any buyer, seller, member, or nonmember who uses our sites.
1. No Medical Advice
Information on our sites, such as text, graphics, images, information obtained from the sites’ users, and other material contained on the sites, is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on our sites for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before significantly changing your diet, or adopting any treatment for a health problem. For any products or services purchased from this web site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on our sites and the use of any products or services purchased from our sites by you DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our sites. Information and statements regarding dietary requirements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. No party providing information or services on the sites is providing any other professional advice or service.
2. No Patient Data
Our sites do not contain protected health information. We do not write or blog about patients. Any and all case descriptions are fictional. Report a suspected HIPAA violation by fax, mail, or email as set forth below:
Stress Free Recipes LLC
530 E. McDowell Rd, Suite 107-482
Phoenix, AZ 85004
(888) 696-0768 (Fax)
The authors of our blogs, except where otherwise noted, are licensed to practice in the State of Arizona only. The display of our blogs alone does not subject us to any specific jurisdiction. It is prohibited for you to use our blogs in any jurisdiction where the content is illegal. If you access our blogs from any location outside the State of Arizona, you do so at your own risk and we disclaim all responsibility with any and all applicable laws, rules and regulations.
4. Using Our Sites and Services.
While using our sites and services, you will not:
· Post content in an inappropriate category;
· Post unlawful, obscene, indecent, threatening, harassing, abusive, false, inaccurate, misleading, defamatory, slanderous, or libelous content, or any content that is invasive of privacy or publicity rights;
· Use hate speech, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
· Violate any laws, third party rights or our policies;
· Upload, post, transmit or otherwise make available on or via our sites any content that infringes or violates any copyright, trademark, patent, trade secret or any other intellectual or proprietary rights of any third party;
· Use our sites or services if you are not able to form legally binding contracts, are under the age of 13, or are suspended from using our sites;
· Circumvent or manipulate our fee structure, the billing process, or fees owed to us or any seller;
· Post false, inaccurate, misleading, defamatory, or libelous content, or impersonate other persons;
· Post your contact information in any place except where particular contact information is requested, post contact information (including, without limitation, your website address) in your title, description and keywords fields, or otherwise seek to promote or advertise your services without permission;
· Use our sites and services for anything other than personal, noncommercial purposes;
· Transfer your account and username to another party without our consent;
· Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
· Distribute viruses or any other technologies that may harm our sites, services or the interests or property of our users;
· Copy, modify or distribute rights or content from our sites, services, copyrights or trademarks; or
· Harvest or otherwise collect information about users (including, without information, email addresses, website address, phone numbers, fax numbers, physical addresses) without their written authorization.
We reserve the right in our sole discretion (but are not obligated) to:
· Record the content and activity in public areas of the sites (such as the message boards, comments, blogs, member profiles, etc.).
· Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the communication(s).
· Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement.
· Terminate a user's access to any or all public areas upon any breach of this Agreement.
· Monitor, edit, or disclose any communication in the public areas.
· Edit or delete any communication(s) posted on the sites, regardless of whether such communication(s) violate these standards.
We are not responsible for any content posted to or distributed through our sites.
We reserve the right in our sole discretion to remove any user’s content, terminate any user’s account, and/or prohibit any user from accessing the sites or the services if such user violates any of the terms of this Agreement.
5. Copyright Infringement.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our sites or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement as described herein, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any material on the site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent identified in the Notices Section below.
If you believe that your own copyrighted work is accessible on the our website or service in violation of your copyrights, you may provide our designated agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
2. Identify the URL or other specific location on the site or service that contains the material that you claim infringes your copyright described in Item 1 above.
3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
4. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
6. Include your name, mailing address, telephone number and email address.
You may send your notification of alleged copyright infringement to our designated agent by fax, mail, or email as set forth below:
Stress Free Recipes LLC
530 E. McDowell Rd, Suite 107-482
Phoenix, AZ 85004
(888) 696-0768 (Fax)
6. Children's Privacy.
We are committed to protecting the privacy of children. You should be aware that our sites are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
7. No Screening of Users.
We do not screen any of our users, and do not take any actions to verify the accuracy of the content posted by a user.
Each user is responsible for verifying the qualifications of a seller, and each seller is responsible for verifying the credit worthiness of a buyer.
We make no representation, warranty, or guarantee (express or implied) whatsoever as to the professional ability, competence, or quality of any user listed on the sites.
8. Member Profile and Account.
You must register as a member to access certain features of our sites, such as creating a member profile and storing and sharing recipes, calendars, or other profile information.
All members will be able to create a username based on the availability of that username. You are responsible for safeguarding your username and password. To register for membership, you must be 13 years of age or older. You must be a real person and must use your true identity. You are responsible for all activity on your account.
Members can create a personal profile, which can include personal health information, Meal Calendars, Shopping Lists and a Recipe Box.
Members can post personal recipes. Members may make recipes publicly accessible or private. By making recipes publicly accessible, you agree to allow other users to use that information for personal, non-commercial use. Members can set and adjust their privacy settings under Account Settings. We reserve the right to remove from the public recipe collection, for any reason, any recipe that a member has made publicly accessible. Recipes that we remove from the public recipe collection will continue to be available in the member’s own Recipe Box.
Members can post a picture of ingredients or dishes of their personal recipes, provided that such picture may not be objectionable in any way. We do not monitor, and are not responsible for, any recipe, picture, or any other information posted by a given member.
Members can post recipe reviews and/or blog comments. We are not responsible for the content of any recipe reviews or blog comments made by a given member. You agree that you will not post any confidential and/or protected health information. Any information you post in recipe reviews or blog comments is provided on a non-confidential basis, and we have no obligation to keep the information confidential. Posted recipe reviews or blog comments do no constitute and should not be relied upon as medical advice.
Members can invite friends to join the sites. We are not responsible for the content that any member includes in such invitations.
9. Subscription Fees.
Members may subscribe to our Services, including our Recipe Genius Service. Recipe Genius is our own proprietary software that provides members with a personalized menu of recipes based on input of personal data, including height, weight, gender, medical conditions and food preferences.
We offer a lifetime subscription to our Services for $57. Subscribers will receive a personalized menu of recipes generated by the Recipe Genius. The Recipe Genius will provide a new menu of recipes whenever you change your Taste Profile. By subscribing to a lifetime subscription, you agree to pay the full subscription fee as a one-time payment. New subscribers have 30 days from the date of subscription to request an unconditional refund. Subscribers who request a refund within the first 30 days of their subscription term will receive a full refund of their subscription payment. Beyond the 30 day guarantee period, unless we state in writing otherwise, all fees and charges are nonrefundable. Members who receive a refund of their subscription fee will have their account closed and will no longer have access to our Services. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
From time to time we may offer discount coupon campaigns, in which we will offer subscriptions for reduced fees. Subscribers using such coupons are subject to the refund policy of the coupon provider. As part of the campaign subscription, you will receive access to a personalized menu of recipes generated by the Recipe Genius.
10. Contact Information.
All members are responsible for maintaining and updating their contact information (including email address, phone, fax, physical address, and billing information). All contact information must be kept current.
11. By Joining Our Site You Agree to Receive Emails from Us.
12. Right to Terminate Accounts.
We reserve the right to terminate any member’s account for any reason, at any time and without notice. Accounts may also be terminated upon member request. Upon termination, all account content will be deleted and cannot be recovered. We will provide notification of account termination by email.
13. Rights to User Content.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
14. Links to Third-Party Websites,
Our sites may contain hyperlinks to websites operated by parties other than Stress Free Recipes LLC. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our sites or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
15. Not an Advertisement.
The editorial content of our blogs is not an advertisement. If you need the advice of a physician you should contact one, as every patient’s situation is different and the practice of medicine is constantly changing and evolving. Use of our blogs is prohibited in any jurisdiction where our blogs would not comply with applicable requirements concerning advertisements and solicitations. Our blogs may display non-editorial advertising through the Google AdSense program (automatically generated) or other third-party programs. The inclusion of third-party advertisements does not constitute an endorsement, guarantee, warranty or recommendation. The editorial content on our blogs is free from any commercial influence.
16. Purchase and Refund Policy.
From time to time our sites may offer items which users can purchase directly from our sites. Unless otherwise stated in writing, all purchases of recipe books from our sites are subject to the refund policy of our third-party payment processors.
Support is available by clicking on the “Contact” link, located at the bottom of each page of our sites.
We provide an opportunity for users to report their experience with us by clicking on the Contact link located at the top of each page. We strongly encourage each user to provide honest and accurate feedback regarding their experience with us. However, pursuant to the Communications Decency Act (including, without limitation, Section 230), we, as a third-party content provider, cannot be held responsible for any comments posted by any user.
19. Limitation of Liability.
Notwithstanding any other provision of this Agreement, in no event will we (or our officers, directors, employees, members, shareholders, managers, subsidiaries, affiliates, counsel, insurers, representatives, and agents) have any liability of any kind whatsoever (including, without limitation, any liability for any direct, indirect, special, incidental, consequential, punitive, exemplary or multiple damages, and regardless of the legal theory on which such claim is based (whether based in contract, tort or any other legal theory), even if we have been advised of the possibility of such damages (which include, but are not limited to, loss of profits, loss of savings or revenue, the claims of third parties, and/or injury to persons or property)) to you or any third party with respect to (i) your use of, or your inability to use, our sites and services, (ii) the actions or inactions of other users (whether on the sites or otherwise), (iii) your interactions (whether personal, business or otherwise) with other users (whether on the sites or otherwise), (iv) any products and services offered or sold by any user, (v) any ads (including any content therein) posted or distributed by our sellers, (vi) any trademarks, service marks, logos, images, meta tags, keywords, ad descriptions and any other content of a seller that appears on our sites or in any promotional email that we distribute, (vii) any warranties or other terms of sale offered by any seller with respect to any product or service, (viii) any content posted to or distributed through our sites, including circular advertisements, promotional offers, or price information provided by other users, and (ix) your inability to access the sites for any reason.
In all transactions completed between users, we have no control over and do not guarantee the quality, safety or legality of products or services offered on the sites, the truth or accuracy of users' content, the ability of sellers to sell products or services, the ability of buyers to pay for products or services, or that a buyer or seller will actually complete a transaction.
Further, we cannot guarantee continuous or secure access to our sites or services, and operation of our sites and services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all express and implied warranties, terms and conditions.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Without limiting the generality and scope of the paragraphs set forth above in this Section 19, if we are found to be liable due to the inapplicability of such disclaimers and exclusions set forth above, our total liability to you and to any third party is limited to $50.
You will indemnify, defend, and hold us (and our officers, directors, employees, members, shareholders, managers, subsidiaries, affiliates, counsel, insurers, representatives, and agents) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) made by any third party that constitute, or arise out of or in connection with your use of our sites and services, your breach of this Agreement, any interaction between you and any other user (whether on our sites or otherwise), your violation of any law, rule or regulation, or your violation of the rights of any third party (including, without limitation, any intellectual property rights).
If you have a dispute with one or more users, you release us (and our officers, directors, employees, members, shareholders, managers, subsidiaries, affiliates, counsel, insurers, representatives, and agents) from any and all claims (monetary or otherwise), demands, lawsuits, attorneys' fees, costs, losses, liabilities and/or causes of action, whether under contract, tort, or any other theory of legal liability, and whether presently known or unknown, accrued, liquidated or contingent, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
22. Dispute Resolution.
You agree that any claim or dispute you may have against us must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes. You waive any objection based on forum non conveniens and waive any objection to venue of any action instituted hereunder. You irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any litigation directly or indirectly arising out of or relating to any such claims or disputes.
Except as explicitly stated otherwise, legal notices shall be in writing and delivered to Stress Free Recipes LLC at the following address: Stress Free Recipes LLC, 530 E. McDowell Rd, Suite 107-482, Phoenix, AZ 85004, Attention: Legal Notice, or to and shall be deemed given when actually received by us. Legal notices shall be delivered to you by email to the email address you provide to us during the registration process, and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, and, in such case, notice shall be deemed given three days after the date of mailing.
24. Governing Law.
This Agreement shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
25. Use of Content.
Our sites and services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of Stress Free Recipes LLC (collectively, “Stress Free Content”). Stress Free Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and us, Stress Free owns and retains all rights in the Stress Free Content and our services. We hereby grant you a limited, revocable, nonsublicensable license to access and display the Stress Free Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the site and using our services. Our sites and services may also contain Content of users and others. Except as provided in this Agreement, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through our sites or services.
Except as explicitly and expressly permitted by us, you are strictly prohibited from creating works or materials that derive from or are based on the Stress Free Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from us.
Stress Free Recipes LLC is located at 530 E. McDowell Rd, Suite 107-482, Phoenix, AZ 85004.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section.
In our sole discretion, we may assign this Agreement in accordance with the Notices Section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 10 days after they are initially posted. Additionally, we will notify you via email to the primary email address you have provided. It is each user's responsibility to regularly check this site for updates to this Agreement. We will not be responsible for any emails that are not delivered due to changes in your primary email address that are not updated in your account or to such emails being captured in your email filter. If you do not agree with the terms of this Agreement following any such amendment, you must contact our support department and request to have your account terminated, and should not use the sites following the effective date of such amendment. Except as set forth above, this Agreement may not be otherwise amended except in writing signed by you and us. For purposes of this Section 26, a “writing” does not include an email message and a signature does not include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.