You are interacting with our Service (defined below), which is operated by Alioth Media. These Terms & Conditions govern your use of any online service location that posts a link to these Terms & Conditions and all features, content, and other services that we own, control and make available through such online service locations (collectively, the “Service”). By using the Service, you accept the Service’s Privacy Policy and these Terms & Conditions, and consent to the collection and use of your data in accordance with the Privacy Policy. In some instances, both these Terms & Conditions and separate terms will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms & Conditions and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
All right, title and interest in the Service, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Alioth Media. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part.
In using the Service, you must respect the intellectual property and other rights of Alioth Media. Your unauthorized use of Content (defined below) may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Alioth Media respects the intellectual property rights of others. These Terms & Conditions and any applicable Additional Terms include only narrow, limited grants of rights to content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Alioth Media and its licensors and other third parties reserve all rights not expressly granted to you. Any unauthorized use of any Content or the Service for any purpose is prohibited.
The Service (including past, present, and future versions) and all content included on the Service, such as recipes, menus, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of Alioth Media or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under Canadian copyright laws and international treaty provisions, and Alioth Media, arrangement and enhancement thereof. All Content is also protected by Canadian and international trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Your privacy is important to us.
It is alioth media's policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.
Alioth Media and other related marks, design marks, product names, feature names and related logos used in the Service are trademarks of Alioth Media and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Alioth Media. In addition, the look and feel of the Service constitutes the service mark, trademark and/or trade dress of Alioth Media and may not be copied imitated or used, in whole or in part, without the express prior written permission of Alioth Media. Alioth Media’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Alioth Media or suggests a sponsorship, affiliation or endorsement by Alioth Media.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
The Service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Service, you warrant to Alioth Media that you will not use the Service for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Alioth Media, YOU MAY NOT:
(a) Make any commercial use of the Service or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service;
(d) frame, mirror, or use framing techniques on any part of the Service or its Content;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Service Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing Alioth Media’s name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the Service;
(i) conduct fraudulent activities on the Service;
(j) violate or attempt to violate the security of the Service, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the Service; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Service, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Service (impersonating the Service) or to the Service (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of Alioth Media, including promotions and/or advertising of products or services;
(l) tamper with the Service or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Service or any activity being conducted on the Service;
(m) use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Service;
(o) restrict or inhibit any other person from using the Service (including, without limitation, by hacking or defacing any portion of the Service);
(p) use the Service to advertise or offer to sell or buy (other than from Alioth Media) any goods or services;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service;
(s) create any derivative works of the Content except as expressly authorized by Us; or
(t) remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service.
You may be required to register with Alioth Media in order to access certain services or areas of the Service. If you are under the age of thirteen (12), then you are not permitted to register as a user, or otherwise use the Service or submit personal information to us. If you are required to register with Alioth Media, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. In addition to all other rights available to Alioth Media including those set forth in these Terms & Conditions, Alioth Media reserves the right, in its sole discretion, to terminate or suspend your account, refuse service to you, or cancel orders. The information you submit in connection with your account, and that is associated with your account, is subject to our Privacy Policy.
Alioth Media may at any time in its sole discretion without notice or liability: (i) modify, suspend or discontinue any part of the Service; or (ii) offer opportunities to some or all Service users. Alioth Media reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Service. Each time you use the Service, you should review the current Terms & Conditions. Your continued use of the Service will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Service will not be applied retroactively. With respect to any such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Alioth Media reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Service and to block or prevent future access to and use of the Service (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Service will immediately cease.
You agree that we shall not be liable to you or any third-party for any suspension or termination of your access to the Service. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
If the Service allows you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including personal information (“User Content”) through or to the Service, Alioth Media welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Alioth Media assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion without notice or any liability to you or any third party: (i) monitor, review, display, post, store, maintain, accept or otherwise make use of User Content; (ii) alter, remove, reject, delete, move, re-format or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms & Conditions or any applicable Additional Terms. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display.
You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Alioth Media does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Alioth Media’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms & Conditions or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
In your communications with Alioth Media, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, books, other products or services or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. In addition, Alioth Media retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Alioth Media’s receipt of your Unsolicited Ideas and Materials is not an admission by Alioth Media of their novelty, priority, or originality, and it does not impair Alioth Media’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
For any User Content you submit, you grant to Alioth Media a non-exclusive, unrestricted, unconditional, unlimited, worldwide, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free and cost-free, transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense (through multiple levels), broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation or other obligation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Alioth Media the right, without any obligation, to include the name provided along with the User Content submitted by you. In order to further effect the rights and license that you grant to Alioth Media to your User Content, you also hereby grant to Alioth Media, and agree to grant to Alioth Media, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.
Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. In addition, you represent and warrant that you are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Alioth Media the rights to it that you are granting by these Terms & Conditions and any Additional Terms, all without any Alioth Media obligation to obtain consent of any third party and without creating any obligation or liability of Alioth Media.
You grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Alioth Media’s cost and expense, to which you hereby consent and irrevocably appoint Alioth Media as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Content is also provided by third party visitors to the Service. Please note that visitors to the Service may post content that is inaccurate, misleading, or deceptive. Alioth Media neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Alioth Media will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Alioth Media.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
The Service may contain links to, and interactive functionality interacting with, third party sites, applications and other online services (collectively “applications”), including social media applications, e-commerce applications, job recruitment applications, and product manufacturers' applications (collectively, “Third Party Services”). Alioth Media is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Services. Before enabling any sharing functions of the Service to communicate with any such Third Party Services or otherwise visiting any such Third Party Services, Alioth Media strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third Party Services. The links and interactive functionality for Third Party Services on the Service do not constitute an endorsement by Alioth Media of such Third Party Services. In some cases, Third Party Services may post both our and the Third Party Services operators’ terms and privacy policy, in which case our terms and privacy policy govern us and the Third Party Services operators’ terms and privacy policy govern them. Other Third Party Services may link to the Service with or without our authorization, and we may block any links to or from the Third Party Services, in our sole discretion. YOUR USE OF THIRD PARTY SERVICES AND RESOURCES IS AT YOUR OWN RISK.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third Party Services or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Alioth Media disclaims all liability in connection therewith.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with Whole Foods Market or cause any other confusion, and (c) the links and the content on your website do not portray Whole Foods Market or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Whole Foods Market. Whole Foods Market reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
As permitted by applicable law, Alioth Media cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE “SERVICE CONTENTS”) ARE PROVIDED BY ALIOTH MEDIA ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Therefore, to the fullest extent permissible by law, Alioth Media and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, officers, members, managers, shareholders, agents, vendors, licensors, licensees, suppliers, contractors, customers, successors, and assigns (collectively, “Alioth Media Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any products, services, or instructions offered or referenced at or linked through the Service except as applicable Whole Food Parties may otherwise expressly provide in writing; (d) security associated with the transmission of your User Content transmitted to Alioth Media or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether the Service will be compatible with any other specific hardware, software or service; (i) whether your access to the Service will be uninterrupted; (j) whether the Service will be available at any particular time or location; and (k) whether your use of the Service is lawful in any particular jurisdiction.
AS PERMITTED BY APPLICABLE LAW, ALIOTH MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT, OR THAT EMAILS SENT FROM ALIOTH MEDIA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT ALIOTH MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SERVICE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY ALIOTH MEDIA IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, ALIOTH MEDIA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY ALIOTH MEDIA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY ALIOTH MEDIA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) ALIOTH MEDIA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY ALIOTH MEDIA PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ALIOTH MEDIA PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY ALIOTH MEDIA.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE SERVICE, ALIOTH MEDIA DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
Third party names, marks, products, advertisements, or services or pop-up texts or links to third party applications may appear on the Service. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALIOTH MEDIA BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY THIRD PARTY SERVICES, OR ANY LINK CONTAINED IN A THIRD PARTY SERVICE. If you decide to link to any such third party application, you do so entirely at your own risk.
The Service is controlled and operated by Alioth Media from Canada, and is not intended to subject Alioth Media to the laws or jurisdiction of any state, province, country or territory other than that of the Canada. Alioth Media does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than Canada. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
We provide information through the Service for your information and enjoyment. Your use of the Service is strictly voluntary. Because some of the information in the Service may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Service, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
As permitted by applicable law, you knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Alioth Media, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information and materials offered by Alioth Media through the Service.
Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Alioth Media Parties or their suppliers with regard to a physical product sold by Alioth Media Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold or provided by Alioth Media Parties or to the extent liability is not waivable or cannot be limited under applicable law.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY ALIOTH MEDIA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE (INCLUDING THE CONTENT AND THE USER CONTENT); OR (B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, OR THE PERFORMANCE OF THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICE, CONTENT, USER CONTENT OR OTHER ALIOTH MEDIA PRODUCTS OR SERVICES, EXCEPT FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY ALIOTH MEDIA), EVEN IF ALIOTH MEDIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE). EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND ALIOTH MEDIA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ALIOTH MEDIA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY CONTENT ON THE SERVICE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY ALIOTH MEDIA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY ALIOTH MEDIA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) ALIOTH MEDIA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY ALIOTH MEDIA PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ALIOTH MEDIA PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ALIOTH MEDIA (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF ALIOTH MEDIA.
As a condition of the use of the Service, as permitted by applicable law you agree to defend, indemnify, and hold harmless Alioth Media Parties from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your access to or use of the Service, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions. You will cooperate as fully required by Alioth Media Parties in the defense of any Claim. Notwithstanding the foregoing, Alioth Media Parties retain the exclusive right to settle, compromise, and pay any and all Claims. Alioth Media Parties reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without, in each instance, the prior written consent of an officer of Alioth Media.
Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Alioth Media Parties or their suppliers with regard to a physical product sold by Alioth Media Parties to you or liability for direct damages for personal injury caused by a product manufactured, sold or provided by Alioth Media Parties or to the extent liability is not waivable or cannot be limited under applicable law.
In the case of notices Alioth Media sends to you, you consent to receive notices and other communications by Alioth Media posting notices on the Service, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Alioth Media provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Service or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Service.
By using the Service, you agree that Alioth Media may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.). For instance, the Service may access and read accounts, data and/or content on your device, add content to your device, and change settings of your device, for reasons such as showing you the location of things near you; saving Service images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Service operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing or otherwise using the Service. Your device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the Service by uninstalling the Service.
Alioth Media makes no representations or warranties about the quality of your Service experience on your device or the ability of any device to access or display the Content.
These Terms & Conditions, including any applicable Additional Terms, constitute the entire agreement between you and Alioth Media with respect to the Service and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Service. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. Alioth Media may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Alioth Media reserves the right to prosecute any suspected breaches of these Terms & Conditions or the Service. Alioth Media may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
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