terms of use

Thank you for visiting Zenfully Delicious™. These Terms of Use set forth the agreement between Zenfully Delicious (“Website”) and each user governing the use of the Website. Our Website is designed to provide an inspirational and informative experience for our visitors and a place with services created to facilitate a healthy lifestyle for people with chronic illness.

Please read these terms and conditions carefully before using our Website. By using the Website, you agree to be bound by these Terms of Use. If you do not agree to the terms and conditions contained in these Terms of Use, you may not access or otherwise use the Websites. We may make changes to our Websites, these terms and conditions, or the policies and conditions that govern the use of our Websites at any time. We encourage you to review our Websites and these terms periodically for any updates or changes. Your continued access or use of our Websites shall be deemed your notification and acceptance of these changes.

OUR WEBSITES DO NOT PROVIDE ANY MEDICAL ADVICE

Information on the Website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on the Website 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 health care professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from the Website or its affiliates, 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 the Website.

Information provided on the Website and the use of any products or services purchased from our Websites by you DOES NOT create a doctor-patient relationship between you and any of the physicians, experts or contributors affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

COPYRIGHT AND TRADEMARKS

Zenfully Delicious™ and all logos and custom graphics are trademarks and/or service marks owned by the Website. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners.

Our Website and e-mail newsletters contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. By posting on our Website via comments or any future message boards you agree that we may use a single post without using your real name or any personally identifiable information in our promotion material at no charge to our site.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of the Website for your own personal use. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on the Website and/or in our e-mail newsletter, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.

USE OF ARTICLES

Zenfully Delicious™ is pleased to make a portion of its content available under the Creative Commons attribution, non-commercial, no derivatives works license, version 3.0, provided that a link back to zenfullydelicious.com is clearly displayed at the top of each article. This license permits you to copy, transmit and display this content, subject to the terms of that license, so long as:

  • Zenfully Delicious™ is credited clearly as the original source (but not in any way that suggests that Zenfully Delicious™ endorses you or your use of the content);
  • You do not alter, transform, or build upon the content (this means that the copy, including headline and original publication date on zenfullydelicious.com, is reproduced verbatim, that is, with no additions, subtractions, link changes or other alterations of the content);
  • Articles and content are not used for commercial purposes; and
  • A link back to zenfullydelicious.com is clearly displayed at the top of each article

Important note: this grant of permission does not extend to any other content appearing on the zenfullydelicious.com website or any other content owned or controlled by the Website.

COMMERCIAL TRANSACTIONS

Certain products or Services may be offered for sale on our Website. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by our Website or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our Website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.

YOUR CONDUCT

Any conduct by you on our Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website will not be permitted. You agree to use our Website only for lawful purposes. You are prohibited from posting on or transmitting through our Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory remarks to another’s faith or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You also agree not to use our Website to post petitions for any issue or cause or post an advertisement or solicitation of funds, goods or services.

You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of the staff of our Website, will be removed.

You may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references or chain letters of any kind.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Website, use of our Website, or access to our Website.

You hereby acknowledge that any violation of any of our policies may result in termination of your access to our Website, and preclusion of any further access to such files or our Website, without prior notice.

USAGE BY MINORS

Due to the nature of the internet, we cannot prohibit minors from visiting our Website. However, all purchases of goods or services on our Website must be made by adults 18 years of age or older, and all users who register with our Website must be 18 years of age or older or provide parental consent (see our Privacy Policy.)

DISCLAIMERS

The Website are provided for your use on an “as is,” “as available” basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “associates”), do not make any representations or warranties of any kind, express or implied, with respect to our Website or its Content, including, without limitation, the products, services or information offered or sold on or through our Websites or any other website to which our Website link and the uninterrupted or error-free use of our Website. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our Website or files available on our Website will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of the Website and any website linked to our Website is expressly at your own risk.

All information contained on our Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on the Website for the diagnosis of a health problem or the prescription of medication.

You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our Websites. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our Website. Information provided on the Website and the use of any products or services purchased from our Website by you DOES NOT constitute a doctor-patient relationship between you and any of the physicians affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other websites that contain links to or from our Website. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.

Price and availability information on our Website are subject to change without notice.

LIMITATION OF LIABILITY

Under no circumstances shall we or any other party involved in creating, producing, or distributing our Website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Website or any data or information transmitted in connection with the use of the Website; (ii) personal injury or death caused by your use or misuse of our Website; (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on our Website; or (vi) any other matter relating to our Website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our Websites.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through our Website, your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another person.

PRIVACY

We respect your privacy in accordance with the terms of our Privacy Policy.

OUR RIGHTS

We may elect to electronically monitor areas of our Website. We are not responsible for screening, policing, editing, or monitoring Content on our Website. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our Website. We may terminate your access, or suspend your access to all or part of our Website, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

APPLICABLE LAW: JURISDICTION AND VENUE

We control our Website from our offices within the United States. We make no representation that the Content on our Website is appropriate, legal or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Website, the services provided through our Website or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in New York, NY.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of our Website. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Website with or without notice. You agree that any termination of your access to our Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Website.

ADVERTISING POLICY AND DISCLOSURE

We clearly identify those items which are advertisements separately from those items which contain editorial content. In addition, pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, we clearly disclose, where applicable, when samples of products or services have been submitted to us for review or evaluation.

GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and us and govern the use of our Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Websites or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

COPYRIGHT NOTICE

Copyright 2011 Zenfully Delicious™. All rights reserved. Any rights not expressly granted herein are reserved.

These terms of use were last updated on October 26, 2011.