Dr. Sally’s Kitchen
WEBSITE TERMS & CONDITIONS
Last Updated and Effective as of May 15, 2021.
Please read these Terms & Conditions carefully before you start to use www.drsallyskitchen.com (the “Website). This Website is owned and operated by California Naturopathic Medicine, Inc. doing business as Dr. Sally’s Kitchen (“Dr. Sally’s Kitchen,” “we,” “our,” or “us”). The terms “you” or “yours” refer to the user of our Website.
We make various services available on this Website including, but not limited to, recipes, online courses and programs, articles, blogs, memberships, digital downloads, videos, and other like products and services. We provide this Website and all of the products and services on this Website subject to these Terms & Conditions as well as any other written agreement between us and you. In addition, when using particular services or materials on this Website, such as an online course or program purchased from us, users shall be subject to any terms of use or posted rules applicable to such services or materials in addition to these Website Terms & Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms & Conditions.
By visiting, using, viewing, or accessing the Website, and/or any content contained on, accessible through or downloadable through this Website, including without limitation, blogs, articles, videos and other material on or available through the Website, whether available for free or by purchase, accessing the Website and Dr. Sally’s Kitchen’ social media, or otherwise signing up to receive any of Dr. Sally’s Kitchen’ e-mails, newsletter, social media posts or content, you are voluntarily agreeing to these Terms & Conditions and accept and agree to be bound and abide by them, and you are legally agreeing that you have read, understand, and fully consent to the terms below.
Please also review our Privacy Policy and Disclaimer which are incorporated by reference into these Terms & Conditions. These Terms & Conditions, along with the Disclaimer and Privacy Policy of the Website, govern your access to and use of the Website. Each product or service we offer on this Website may have its own refund or return policy. Please refer to the individual product or service terms and policies for more information. If you do not agree to these Terms & Conditions, then you must not use this Website.
Changes to Terms & Conditions
We reserve our right to change, modify or update these Terms & Conditions at any time in our sole discretion, in which case we’ll update the Effective Date of the Terms & Conditions located at the top of this Terms & Conditions page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Website and its contents, products and services thereafter. By continuing to use the Website after we post any such changes, you accept and agree to be bound by the Terms & Conditions as modified, so please check these Terms & Conditions from time to time to be aware of any modifications.
Information for Educational And Informational Purposes Only and Not Medical or Professional Advice
This Website has been created to provide information related to health, wellness and nutrition; however, all information found on this Website is for general educational and informational purposes only, and is NOT intended as, and must not be understood or construed as, medical care or advice for any person, the practice of medicine, the practice of dietetics, or the practice of counseling care including, without limitation, psychiatry, psychology, or psychotherapy. Nothing on this Website is intended to diagnose, treat, cure or prevent any disease, and information on this Website must not be used as a substitute for professional medical advice, diagnosis, or treatment.
While Dr. Sally LaMont, ND, LAc, the owner of Dr. Sally’s Kitchen, is a California-licensed naturopathic medical doctor and acupuncturist, she does not provide medical advice on or through this Website. Your use of the Website or purchase of any products or services offered on the Website, DOES NOT create a doctor-patient relationship between you and Dr. LaMont or any other health care provider associated with Dr. Sally’s Kitchen.
Information you obtain from this Website or our products and services is NOT a substitute for medical advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation. You should not rely on this information as a substitute for professional medical advice, diagnosis, and treatment. If you have any concerns or questions about your health, you should always consult one-on-one with a licensed medical or health care professional.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
Dr. Sally’s Kitchen disclaims any liability for your reliance on any blogs, opinions or advice contained in this Website. Neither Dr. Sally’s Kitchen nor any of its owners, officers, employees, contractors, affiliates or suppliers shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements on or in this Website and its contents regarding dietary supplements have not been evaluated by the Food and Drug Administration. Products sold on or through this Website are not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other licensed medical or health care professional before taking any medication or nutritional, herbal or homeopathic supplement, using any treatment for any health problem, undertaking any diet, exercise or other health programs, or making any medical or lifestyle changes.
Intellectual Property Rights
This Website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. When you access the Website or access or purchase any of its contents, products or services, including any free downloads, Dr. Sally’s Kitchen is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website and its content, for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money, unless you get written permission from the owner of Dr. Sally’s Kitchen that you may do so.
This means that when you access the Website or any content on or available through the Website, you agree that you will only use it for your individual, personal and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Website for any commercial purposes or any other purpose without express written permission from Dr. Sally’s Kitchen.
By accepting these Terms & Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, or other proprietary rights and laws, and is the sole property of Dr. Sally’s Kitchen and/or its owners, managers, officers, or affiliates. You are permitted to use the content only as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website shall constitute infringement in violation of copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You agree and understand that you do NOT acquire any ownership rights in the Website content by your use of the Website or its content, and we do not grant you any licenses, express or implied, to the intellectual property of Dr. Sally’s Kitchen or our licensors, as applicable, unless expressly authorized. Furthermore, you agree and understand that you are not permitted to delete or alter any proprietary rights or attribution notices on or in the Website or any of its contents, products or services such as the copyright notice © or trademark notice such as TM or ®.
Any trademarks, taglines, and logos displayed on the Website are trademarks belonging to Dr. Sally’s Kitchen. Any trademarks reproduced on this Website that are not the property of Dr. Sally’s Kitchen, are the property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Dr. Sally’s Kitchen’ express written consent.
Purchases from our Website and Refund Policy
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase of a product or service may or may not provide for any refund. Each specific product, service, program or course will specify its own refund policy.
Accounts, Passwords and Billing and Registration Information
Certain products or services, including access to our online courses and programs may be offered for sale on the Website. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by us 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 us 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.
If any portion of the Website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. By registering, you agree that all information provided is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You also grant us the right to disclose certain data about you to third parties. The information we obtain through your use of this Website is subject to our Privacy Policy. You understand that by providing any information to us which is untrue, inaccurate, not current or incomplete, we reserve the right to terminate you access and use of the Website and/or the services.
As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by us or another party due to someone else using your account or password.
Interactive Features and Forums
This Website may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. For example, Dr. Sally’s Kitchen may host message boards, chats and other private/public forums on this Website and on other platforms. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:
Restrict or inhibit any other user from using and enjoying the Website.
Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.
Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.
Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
Any user failing to comply with these Terms & Conditions may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. Dr. Sally’s Kitchen or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Dr. Sally’s Kitchen staff, Dr. Sally’s Kitchen’s outside contributors, or by users not connected with Dr. Sally’s Kitchen, some of whom may employ anonymous user names. Dr. Sally’s Kitchen expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of Dr. Sally’s Kitchen or any of its subsidiaries or affiliates.
Dr. Sally’s Kitchen has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Third-Party Websites, Services or Social Media
The Website may contain links to third-party websites or social media sites (“Linked Websites”). The Linked Websites are not under the control of Dr. Sally’s Kitchen, and Dr. Sally’s Kitchen is not responsible or liable for any content of any Linked Website, including without limitation any link contained in a Linked Website or actions taken by the Linked Websites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) or social media sites that you may find of interest. While we only provides Linked Websites that we believe in and trust, the inclusion of any link does not imply endorsement by Dr. Sally’s Kitchen of the views, opinions, facts, advice or statements in such Linked Websites or any association with its operators. Although Dr. Sally’s Kitchen may provide these links, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. Dr. Sally’s Kitchen has no control over the contents, actions or functionality of the Linked Websites and is not responsible for any loss, damage, or otherwise that may arise from your use of any Linked Website. It is your responsibility to review the terms and conditions and privacy policies of the Linked Websites to confirm that you understand and agree with those policies. Likewise, if our Website is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever.
Online Commerce Purchases from Third-Parties
Certain sections of the Website may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services sold by third parties. If you make a purchase from a third-party merchant on the Website or on a site linked to by our Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Website.
Your participation, correspondence or business dealings with any third party found on or through our Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Dr. Sally’s Kitchen shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
No Guarantees
You agree that Dr. Sally’s Kitchen has not made any guarantees about the results of taking any action, whether recommended on or in this Website or not. This Website provides educational and informational resources that are intended to help users of this Website succeed in health or otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Dr. Sally’s Kitchen and any individuals associated with Dr. Sally’s Kitchen.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether customers of Dr. Sally’s Kitchen or otherwise - applying the principles set out in this Website, its contents, products and/or services are no guarantee that you or any other person or entity will be able to obtain similar results.
Testimonials
At various places on this Website you may find testimonials from users and customers of services or products offered on or in this Website or by Dr. Sally’s Kitchen. The testimonials are actual statements made by users and/or customers of Dr. Sally’s Kitchen and have been truthfully conveyed on or in this Website.
Although these testimonials are truthful statements by real people (not actors), they do not guarantee or promise in any way that you might achieve the same outcome as each situation varies. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using the Website or other services of Dr. Sally’s Kitchen.
User’s Personal Responsibility and Assumption of Risk
We have done our best to ensure that the Website and its contents are accurate and provide valuable information, but we cannot guarantee the accuracy of such information. Neither Dr. Sally’s Kitchen nor any of its owners, officers, employees, or contractors are responsible for any errors or omissions on or in this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By accessing the Website and its contents in any way, you accept personal responsibility for the results of your actions. Dr. Sally’s Kitchen is not responsible for your personal actions or choices before, during or after use of our Website. Notwithstanding any limitations by law, your use, misuse or non-use of any information on this Website is at your own risk, and you agree to take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in this Website and to absolve Dr. Sally’s Kitchen of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur. Additionally, you acknowledge that when making your own decisions and taking any actions or implementing anything suggested on this Website, which is all information and education, you are using your own judgment and conducting your own due diligence and assessment of risk, and you are voluntarily making those decisions with the full awareness that there may be risk involved.
Errors And Omissions
This World Wide Web Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Website.
Termination and Access Restriction
We may cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive.
No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION ON AND IN THE WEBSITE, AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DR. SALLY’S KITCHEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR WEBSITE AND ITS CONTENTS FOR ANY PURPOSE.
DR. SALLY’S KITCHEN MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES. FURTHERMORE, DR. SALLY’S KITCHEN MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE, ITS CONTENTS AND ITS SERVICES ARE CONTINUALLY UNDER DEVELOPMENT. DR. SALLY’S KITCHEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS CONTENTS, PRODUCTS AND ITS SERVICES AT ANY TIME.
DR. SALLY’S KITCHEN FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY OF ITS CONTENT, PRODUCTS OR SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL DR. SALLY’S KITCHEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF Dr. Sally’s Kitchen HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DR. SALLY’S KITCHEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DR. SALLY’S KITCHEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS CONTENT, ITS PRODUCTS OR ITS SERVICES, OR WITH ANY OF THIS DISCLAIMER, THE WEBSITE TERMS & CONDITIONS, OR THE WEBSITE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES.
BY USING OR VIEWING THIS WEBSITE AND ITS CONTENTS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE DR. SALLY’S KITCHEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS FROM ANY AND ALL CLAIMS.
Indemnification
You agree to defend, indemnify and hold harmless Dr. Sally’s Kitchen and its owners, officers, directors, employees, contractors, affiliates and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Website in violation of these Terms & Conditions, (ii) any breach by you of these Terms & Conditions or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Website, (iv) your use of materials or features available on this Website (except to the extent a claim is based upon infringement of a third-party right by materials created by Dr. Sally’s Kitchen) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. Dr. Sally’s Kitchen reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dr. Sally’s Kitchen in asserting any available defenses.
Jurisdiction/Governing Law
This Website (excluding any linked Websites) is controlled by Dr. Sally’s Kitchen from its offices within the State of California, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Website, Dr. Sally’s Kitchen and you both agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Website.
The nearest state and federal court to Marin County, California shall have exclusive jurisdiction over any case or controversy arising from or relating to this Website, including but not limited to the Privacy Policy or these Terms & Conditions. By using this Website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in the state and federal courts sitting in Marin County, California with respect to such matters and any other dispute relating to the Website, and you waive any defense of forum non conveniens.
In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Dr. Sally’s Kitchen, or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
International Users
The Website is controlled, operated and administered by Dr. Sally’s Kitchen from our offices in the United States. Dr. Sally’s Kitchen does not represent that materials on this Website are appropriate or available for use in other locations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website and its contents in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
.Severability
If any portion of these Terms & Conditions is construed to be invalid, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms & Conditions, and it shall not affect the validity or enforceability of the remainder of the Terms & Conditions which shall be given full force and effect.
Waiver
Any failure by Dr. Sally’s Kitchen to enforce or exercise any provision of these Terms & Conditions shall not constitute a waiver of that right or provision and shall not be construed as a waiver of any subsequent breach by you.
Affiliate Links Disclosure Policy
We believe in full disclosure. Dr. Sally’s Kitchen may earn commissions from products or services recommended on this Website or reviewed or mentioned in articles/blog posts as well as posted on other Website pages. This means that we may earn a commission if/when you click on or make purchases via our affiliate links to other Websites that pay a referral commission.
As a policy, Dr. Sally’s Kitchen will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Website, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Website but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to Dr. Sally’s Kitchen by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
Contact Us
If you have any questions about these Terms & Conditions, please contact us at sally@drsallyskitchen.com.