Eating to live well inc.
Terms and Conditions
Your access to and use of this website is subject to legally binding terms and conditions. Carefully read the following terms and conditions before accessing or using this website. Your accessing or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them. The following terms and conditions form a binding agreement (“Agreement”) between you, Eating to live well inc. and all of its properties (“Eating to live well inc.”). We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of this website after any change means you have accepted the changed terms and conditions. All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.
Canadian Copyright Law
Copyright protection is automatic in Canada. A work need not be registered with the Canadian Copyright Office nor does it have to be marked with a © to indicate that it is copyright protected.
- a) Restricted Uses
Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized by Eating to live well inc, is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from Eating to live well inc. You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content, without Eating to live well inc’s written consent. Permission for such uses may be granted on a case-by-case basis at the sole discretion of Eating to live well inc. A usage fee may be assessed depending on the type and nature of the proposed use.
- b) Links to Third Party Websites
The Eating to live well inc. website contains links to third party websites. The linked sites and pages are not under the control of Eating to live well inc. and Eating to live well inc. is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by Eating to live well inc.
- c) Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Eating to live well inc. linked to these terms and conditions constitute the entire Agreement between you and Eating to live well inc. relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Eating to live well inc. making such amendments or modifications available on this website.
- d) Termination of Access
You agree that Eating to live well inc., in its sole discretion, may suspend or terminate your password, account, or use of Eating to live well inc. Properties, Services or Paid Services and remove and discard any User Postings at its convenience or for any reason, including without limitation if we believe you have violated or may violate these Terms and Conditions. You agree that any suspension and/or termination of your access to Eating to live well inc., or use of the Services or Paid Services may be effected without prior notice and that the Eating to live well inc. will not be liable to you or to any other person as a result of any such suspension or termination.
- e) Limitation of Liability and Indemnity
IN NO EVENT WILL Eating to live well inc. OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW. As a condition of your use of this website, you agree to indemnify Eating to live well inc. and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.
- a) Personal Information Protection and Privacy
- b) What is personal information?
“Personal information” is personally identifiable information such as your name, residential address and e-mail address and includes information about your products, services, subscriptions and usage, credit card information and billing records. It does not include the name, title, business address or telephone number of an employee of an organization.
- c) What type of personal information does Eating to live well inc. collect?
Eating to live well inc. collects various types of personal information. We may collect any of the following:
- i) Your name, billing/shipping address, email address, telephone number, and credit card information, including card number, card type, cardholder name and expiration date, when you purchase products or services from us or products from the online Eating to live well inc. shop. We may also obtain some or all of this information when creating a user account on Eating to live well inc. By purchasing a product or service from us you consent to have your email address added to a Eating to live well inc. mailing list with the purpose of updating you on your purchase, delivering virtual products, informing you of upcoming news, events, updates, promotions and contests pertaining to Eating to live well inc.
- ii) Personal information you provide to us when you participate in any of our events. This personal information might include your name, profession, e-mail address, phone number, photograph, answers to specific questions, password and computer information.
iii) Personal information you provide to us when you participate in any of our on-line programs, other meeting spaces, blogs or forums. This personal information might include your name, profession, e-mail address, phone number, photograph, answers to specific questions, password and computer information. The personal information you provide to us when participating in our online programs, meeting spaces, blogs or forums may be used for marketing purposes.
- iv) Personal information you provide to us when you participate in one of our contests, sweepstakes or surveys. This information may include your name, email address and street address, and the answers to survey questions. The personal information you provide to us when participating in these promotions, surveys and contests may be used for marketing purposes.
- v) Personal information you provide to us when subscribing to our newsletters or emails or when you use our website, including, but not limited, to when you created a Eating to live well inc. profile at www.Eatingtolivewellinc.com or www.Eatingtolivewellinc.com This personal information might include your name, billing/shipping address, email address, telephone number, and credit card information, including card number, card type, cardholder name and expiration date.
- vi) Your personal information from our business partners and other third parties provided they have agreed to obtain your consent before disclosing your personal information to us.
vii) Certain technical information from your computer each time you request a page during a visit to our web site https://eatingtolivewell.com/ or https://eatingtolivewell.com/. This information is collected from your computer’s Web browser to enhance your experience on our web site and may include your IP address, operating system, Web browser software, screen resolution, and referrer Website.
- d) How Does Eating to live well inc. collect personal information?
We collect personal information that is voluntarily provided to us by our customers, members, sponsors, web site users and the public in general when they contact us via telephone, e-mail, web browser, or in person. As mentioned above, we may also collect personal information from our business partners and other third parties who have agreed to obtain the consent of the person the information pertains to before disclosing the information to us. Eating to live well inc. may also collect personal information through the following means:
- ii) Web beacons.To assess the effectiveness of promotional and marketing emails we send, we may attach a web beacon to the email that provides us with confirmation when the recipient opens the email. This only occurs if the recipient’s computer supports such technology.
- e) Why does Eating to live well inc. collect your Personal Information?
Eating to live well inc. may collect personal information about you and use it for the following reasons:
- i) To provide products and services to you, to inform you of changes and other relevant information pertaining to your purchase, to bill you when you make a purchase from us, to acknowledge your support and to provide that information to the Canada Revenue Agency and to contact you when necessary for these purposes.
- ii) To provide you with services or recognition you request.
iii) When you register a Eating to live well inc. user account we use your information to create and manage your membership.
- iv) For marketing purposes. We may use your contact information to send you emails about promotions, surveys, contests and special events or provide other marketing information to you. Promotional emails are intended to inform you of new or unique opportunities, events or special deals that are available from Eating to live well inc. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails. In addition, we may send you postal mail notifying you of promotions, surveys, contests or special events or providing other marketing information to you. You can unsubscribe from this postal mail service by sending an email with “unsubscribe” in the subject line to email@example.com that includes your email address and street address. This information will only be used to remove your from our list of recipients of marketing emails and mail.
- v) To improve the quality of your visit to our web site. We use electronic information such as “cookies” to improve your use of our website. We collect certain information (e.g., purchasing trends) based on your navigation of our web site to better understand and serve our customers, members and web site visitors. This data allows us to streamline your ability to navigate our website and develop featured programs and content that will be of interest to our customers and members and web site visitors.
- vi) To improve our service offerings. We monitor and analyze the use of our service offerings in order to determine which services are popular and useful to our customers, members and web site visitors so that we can improve them.
vii) To better understand your interests. Eating to live well inc. may also prepare aggregated user statistics or information summaries to describe our services and their popularity to our business partners and prospective advertisers and for other lawful purposes. The aggregated user statistics and information will not contain any personally identifiable information.
viii) To provide a secure and safe environment for our visitors and employees.
- ix) To co-operate with law enforcement and to protect against violations of criminal or civil laws.
- x) We may use your personal information to respond when you submit a question or suggestion to us, or when you request assistance with your membership, viewing your purchase(s), logging on to https://eatingtolivewell.com or https://eatingtolivewell.com , or accessing your account from our web site.
3) THE DISCLOSURE OF PERSONAL INFORMATION
4) HOW Eating to live well inc. PROTECTS YOUR PRIVACY
All information submitted to our website or email addresses is transferred to the Eating to live well inc. computer servers. During an on-line transaction, this information is submitted using the Secure Socket Layer (SSL) technology. SSL-enabled web browsers employ a security protocol between the client and the server computer in order to ensure that information will be transferred to the intended recipient secured servers only.
The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that information you provide to us over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of our control.
5) YOUR CONSENT
6) VERIFYING AND AMENDING YOUR PERSONAL INFORMATION
Eating to live well inc. tries to ensure that all personal information about you that is in our possession is accurate, complete and up-to-date. To enable us to do so, please inform the person to whom you provided your personal information of any change to that information.
You can inquire about, access and review your personal information held by Eating to live well inc. and make corrections to it. Please send an email to our Customer Relations for assistance with these matters. In some cases Eating to live well inc. will be prevented from disclosing the requested information to you. If any request you make for access to personal information is denied, we will provide you with an explanation.
7) RESOLVING YOUR CONCERNS
If you have any questions or concerns about Eating to live well inc’s personal information collection, use and disclosure practices, please let us know and we will do our best to help you. You can contact Valerie Mrakuzic, our Director of Operations, at 604 542 1172 or by email with any questions or concerns.
Eating to live well inc. APPROVED PROGRAM
Eating to live well inc. (“JHI”), has created a program called “Eating to live well inc. Approved” (the “Program”), which will assist the public in identifying products and services (The “Partners”) that have been approved and recommended by JHI.
1) PROGRAM MODIFICATION
JHI may modify any of the terms and conditions in this Agreement, or in the Program, at any time and at its sole discretion. These modifications may include, but are not limited to, changes in fee schedules, payment procedures and Program rules. If any of the modifications are unacceptable to Partner, Affiliate’s only recourse is to terminate this Agreement. If Partner continues to participate in the Program, it will be considered as Affiliate’s acceptance of the change(s).
JHI reserves the absolute right to rescind or terminate this Agreement for any reason in its sole and absolute discretion. In the event of termination by Partner, for any reason, any fee or fees paid by Partner to JHI shall not be refundable. In the event of “without-cause” termination by JHI, any fee or fees paid by Partner to JHI shall be refunded to Partner on a pro-rata basis.
3) REPRESENTATION AND LIABILITY
JHI makes no representations and warranties regarding potential benefits that may result from participation in this Program and specifically disclaims any and all warranties relative to any potential benefits that may be realized by Partner. JHI shall not be liable for costs and damages incurred by the Partner arising out of this Agreement and shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Partner for any reason whatsoever.
4) REPRESENTATION OF PARTNER
Partner hereby represents and warrants to the JHI to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. The Affiliate’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.
5) PERMITTED USAGE BY PARTNER
The following are the permitted uses of the JHI brand and any logo or other property owned by JHI:
JHI grants Licensor a non-exclusive, non-transferable, worldwide license of the Eating to live well inc. Approved Seal for use as outlined below in accordance with this agreement.
- i) Creation and Use
JHI grants to Licensor a non-exclusive, non-transferable, worldwide license to the Eating to live well inc. Approved Seal (the “Licensed Image”) subject to the terms and conditions of this Agreement. Licensor may not use, copy, frame, repackage or distribute the Licensed Image in any manner not expressly permitted by this Agreement. JHI has created for display the Licensed Image. JHI will provide printing specifications and digital art in full color or black and white as preferred by Licensor. JHI retains the right to change such Terms and Conditions of Use as is deemed necessary by JHI. It is the responsibility of Licensor to check the site for updates.
- ii) Modification of Product
This license is granted for the lifetime of the product/s in this transaction in the format that they exist at the time of signing of this agreement. Should the product be modified by Licensor in any way this digital license does not cover the modified product. Licensor may resubmit the modified product to JHI in the same manner as done so for the original version. If the modifications have not materially altered the product as determined by JHI, JHI will permit Licensor to continue using the Licensed Image. If the modifications have materially altered the product as determined by JHI, this license shall be immediately terminated. Licensor may submit the modified product to JHI for consideration as a new product.
Except as permitted by this Agreement, Licensor may not re-license nor authorize any person or entity who is not a party to this Agreement to use the Licensed Image. Licensor may not use Licensed Image in conjunction with any other product other than that for which it has been licensed, including other products in within a’ product line’ or brand. The Eating to live well inc. Approved seal may not be included or displayed on any non-winning package.
iii) Terms and Conditions for Use
Licensed Eating to live well inc. Approved Seal images may be displayed prominently on press releases, Web sites and in product literature when the information clearly refers to the Eating to live well inc. Approved product. Licensed Eating to live well inc. Approved images may be displayed in television commercials when the television promotion clearly refers to the Eating to live well inc. Approved product.
Eating to live well inc. Approved Seal images may be placed directly onto award-winning product packages. License holders are required to provide one sample of the image on their product packaging within 365 days of the executed license agreement for quality control purposes. Compliance is mandatory for all license holders.
6) RELATIONSHIP OF PARTIES
Partner is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the Partner and JHI. Partner has no authority to make or accept any offers or representations on JHI’s behalf. Partner will not make any statement, whether on its site(s) or otherwise, that reasonably would contradict the foregoing.
7) INTELLECTUAL PROPERTY
Partner will have a non-exclusive, limited term license to use certain of the trademarks, logos, and copyrighted material that JHI provides to the Partner. Partner may not distribute, reproduce, modify or amend these images in any way. Partner may use these images only for the purposes approved by JHI in compliance with the Program rules and the terms of this Agreement. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies JHI may create and amend from time to time regarding the Program.
Partner may not assign its rights or obligations under this Agreement to any party without the express written consent of JHI.
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Any and all legal actions relative hereto shall be in the courts of the Province of Ontario.
This Agreement represents the entire agreement between JHI and Partner, and shall supersede all prior agreements and communications between the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.