Terms of Service
Effective as of May 14, 2019
1. Acceptance of Terms
Lighter, Inc. a Delaware corporation (referred to as "Company," "us" or "we"), provides the website (https://www.lighternutrition.com) (collectively with all subdomains referred to as the "Site"), as well as our affiliated websites, including but not limited to, https://www.lighter.world/ (collectively the “Affiliated Platforms”) and other products and services and sales of same through the Site, our Affiliated Platforms and otherwise (collectively referred to as "Offerings"), subject to your compliance with the following Terms of Service ("Terms"), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms. If we decide to modify our Terms, we will post a new version on the Site and notify you of these changes by email. Your continued use of this Site and Offerings after any such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
Summary: By using this website, you agree to the Terms of Service. We may make changes to the terms from time to time. We will notify you of these changes by email. But the terms you see here will always be the most up to date. By using this site, you are agreeing to these terms.
2. Offerings by Company and Third Party Offerings
A. Company Offerings. Company may provide a number of Offerings for Users on its Site, through our Affiliated Platforms or otherwise.
No Guarantee. Although Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site or Affiliated Platforms.
B. Third Party Offerings.
While the Site may provide integration with the Affiliated Platforms and/or the websites of providers of Third Party Offerings, the Company cannot guarantee that such integration will work as intended. Third Party Offerings may be goods which were manufactured by third party entities, and Company has no responsibility for evaluating the quality or any other aspect of such goods and will have no liability or responsibility to you or any third party therefrom. The Company further makes no representations that the Affiliated Platforms or any Third Party Offerings will offer all ingredients necessary for a recipe, or that Offering or Third Party Offering will meet any of your health objectives.
Fees. If you choose to purchase one or more of the Offerings provided on our Site or our Affiliated Platforms, you agree to pay all fees associated with the Offerings, pursuant to the amounts and payment terms as listed on the Site or our Affiliated Platforms from time to time.
The Company and the Site, including the Affiliated Platforms, do not process credit cards, or take other payment processing information. Payment processing is handled through third-party services, which are contracted with by the Company and subject to change at the Company’s discretion. The Company currently uses Stripe. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of service.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third- party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Third Party Offerings. The Company may charge you a fee for access to certain Third Party Offerings, and alternatively the Company may receive compensation related to your purchase of any Third Party Offering. Notwithstanding the foregoing, any sale of a Third Party Offering will be performed by you and the provider of such Third Party Offering, without the Company’s involvement. Any billing issues, disputes or other matters relating to payment, refund, discounts, or other financial matters for Third Party Offerings shall be solely between you and the provider of the Third Party Offering. Notwithstanding the foregoing, the Company may have a relationship with the provider of the Third Party Offerings, and you shall not be deemed a party to, or a third party beneficiary to, such agreement.
4. Conduct, Posting Policies & Third Party Websites
User-Created or Shared Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts or other information you leave or transmit on or through the Site. By posting information on the Site, or by otherwise using any communications service, message board, forum, newsgroup, direct messages between users, or other interactive services available on the Site, you agree that you will not post on the Site or send comments, messages, links, code, recipes, meal plans, or other information to us in any form (and via any means of communication, currently existing or existing in the future) that:
(i) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content;
(ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(iv) consists of unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(v) contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
(vi) would be personal health information or individually identifiable health information, as defined in the federal Health Insurance Portability and Accountability Act of 1996 (or any equivalent state law), either of yourself or any third party;
(vii) would constitute the professional practice of medicine, dietetics, or nutrition in any state where the poster of such information, recipient of such information, or the Company, is located in or subject to any applicable federal or state law;
(vii) breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site; impersonates any person or entity, including any of our employees or representatives.
No Endorsement. Company neither endorses nor assumes any liability for any material uploaded, submitted or transmitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms, any applicable laws, regulations or rules, and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings. Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. Additionally, the Site allows users to post various information and to choose preferred menus, recipes and other items, and we are not responsible for accuracy, completeness, decency or legality of content posted by any individual user.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
No Professional Services. The Company is in the business of, and makes the Site, and our Affiliated Platforms, available to provide a service to its users consisting of access to menus, recipes and shopping lists. The Company does not hold itself out as, does not purport to, and is not licensed to, practice medicine, dietetics or the practice of nutrition.
While the Site, and our Affiliated Platforms, allow users to choose menus and recipes and allows others to see same, you are responsible for regularly meeting with your healthcare provider and other nutrition professionals to customize your dietary needs. The content on the Site is not intended to and should not take the place of individual medical care or advice. You should consult with your doctor, nutritionist and/or dietician before making any changes in your diet. Dietary changes can alter medication needs which should be addressed with your doctor. The Company makes no representations or warranties with respect to, and in no way guarantees, the accuracy, completeness or usefulness of our service or Site based on your individual nutritional needs, mental or physical status, or health care factors.
Further, the Company’s operation of the Affiliated Platforms and relationship with any provider of a Third Party Offering does not act as a recommendation for any good, service or Third Party Offering. You should consult with your healthcare professional regarding consumption of any item including any Third Party Offering. You agree to hold the Company harmless, defend and indemnify the Company from any damages, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) arising from, out of, or in connection with your advice or ingestion (by you or any third party) of any item including any Third Party Offering, or effects therefrom.
You are not authorized to and should not use the Site, or our Affiliated Platforms, as a means to provide or receive medical, dietetic or nutritional advice, and any such activities should take place using alternative channels of communication which do not involve the Company. If you violate this restriction and choose to provide or receive professional services constituting medical, dietetic or nutritional advice on or through the Site, or our Affiliated Platforms,, you agree to hold the Company harmless, defend and indemnify the Company from any damages, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) arising from, out of, or in connection with your advice or ingestion (by you or any third party) of any item of food or other nature, or effects therefrom.
5. Company Intellectual Property
Content. For purposes of these Terms, "content" is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site, excepting “User Content” (hereafter defined).
Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates (except for User Content).
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Company or its Affiliates.
Certain of the ideas, software and processes incorporated into the Offerings available on this Site may be protected by patent applications pending in the United States, and we may also prepare and file additional patent applications in selected foreign jurisdictions.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content (including User Content) from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
No warranty for Compliance with Law, Rule or Regulation. Neither we or our Affiliates warrant or represent that your use of the Site, or creation of User Content, will not violate any applicable law, rule or regulation.
User Testing. You may at times be asked to participate in user surveys or trials, which shall not be mandatory. If you choose to participate in any testing, surveys or trials, you agree that (i) any and all of the items provided to you in any testing, survey or trial are proprietary to us, and you agree not to disclose same to any third party, except as required under applicable law; (ii) these Terms apply to your use of any items tested, or surveys or trials participated in as if same were a part of the Site; and (iii) you grant us a perpetual exclusive license to use any feedback provided by you on the Site or in any manner we see fit. If you do not agree with these Terms and this section you should not participate in any user testing.
6. Content You Create & IP Issues
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else's copyright has been infringed by Company or User Content provided on this Site, you (or the owner or rights holder, collectively, "Rights Holder") should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include:
(i) Title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
(ii) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders' work(s) (for example, filename or URL of the page(s) that contain(s) the material);
(iii) The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);
(iv) A statement that the Rights Holder has a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
(v) A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
(vi) The Rights Holder's signature, which may be electronically signed.
Notice may be sent to:
625 Massachusetts Ave. STE 2 Cambridge, MA 02139
Attn: Admin firstname.lastname@example.org
Counter-Notification. If material that you have posted to our Site has been taken down, you may file a counter- notification that contains the following details:
(i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(ii) A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
(iii) Your name, address and telephone number;
(iv) A statement that you consent to the jurisdiction of the state courts or federal district court in Boston, Massachusetts, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
(v) Your physical or electronic signature. Notice may be sent to:
625 Massachusetts Ave. STE 2 Cambridge, MA 02139
Attn: Admin email@example.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
7. Email Services & Data Stored on Our Servers
Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited messages (also known as "spam") and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied account.
Storage Provided by Us. If you opt to store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Site, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (if applicable), that remain inactive for longer than one hundred twenty (120) days, or in cases where you have violated one or more terms of this Agreement.
8. Privacy & Security
Login Required. In order to access some of the Offerings on this Site or our Affiliated Platforms, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you ("Registration Info"). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account.
The purchase of Third Party Offerings may require you to create an account with the provider of such Third Party Offerings.
ALL CONTENT AND OFFERINGS ON THIS SITE AND OUR AFFILIATED PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE OR AFFILIATED PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE OR OUR AFFILIATED PLATFORMS FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE AND OUR AFFILIATED PLATFORMS COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE AND OUR AFFILIATED PLATFORMS MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE AND OUR AFFILIATED PLATFORMS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY AND/OR IN CONNECTION WITH THIRD PARTY OFFERINGS (WHETHER OR NOT THE SITE DIRECTED YOU TO OR ALLOWED YOU TO ACCESS SUCH THIRD PARTY, OR WHETHER INFORMATION FROM THE SITE WAS USED IN YOUR PURCHASE OF THIRD PARTY OFFERINGS), OR IN CONNECTION WITH THIS SITE AND OUR AFFILIATED PLATFORMS, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE AND OUR AFFILIATED PLATFORMS FROM A THIRD PARTY, OR REGARDING A THIRD PARTY OFFERING, IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OF ANY KIND OR NATURE REGARDING YOUR PURCHASE OF ITEMS FROM THIRD PARTIES IN CONNECTION WITH THE SITE OR REGARDING PURCHASE OF THIRD PARTY OFFERINGS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, AFFILIATED PLATFORMS, OFFERINGS, MENUS, NUTRITIONAL INFORMATION, RECIPES OR SHOPPING LISTS ARE ACCURATE OR SUITABLE FOR YOUR INDIVIDUAL GOALS, TASTES, LIFESTYLE, HEALTH CONDITIONS OR PHYSICAL OR MENTAL SITUATION. IT IS YOUR RESPONSIBILITY TO MEET WITH YOUR HEALTHCARE PROVIDER AND OTHER PROFESSIONALS TO CUSTOMIZE YOUR DIETARY GOALS AND NEEDS. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR INACCURACIES REGARDING ANY NUTRITIONAL INFORMATION, AS THE SITE AND OUR AFFILIATED PLATFORMS ARE NOT INTENDED TO PROVIDE NUTRITIONAL INFORMATION AND SAME IS PROVIDED FOR CONVENIENCE AND SHOULD NOT BE RELIED UPON FOR MEDICAL, NUTRITIONAL OR ANY OTHER REASON. YOU NEED TO BE COGNIZANT OF WHAT YOU INGEST AND WE CANNOT AND SHALL NOT BE LIABLE FOR SAME. YOUR MENU SUGGESTIONS AND OTHER ITEMS ON THE SITE, OUR AFFILIATED PLATFORMS, AND OFFERINGS ARE NOT INTENDED TO AND SHOULD NOT TAKE THE PLACE OF INDIVIDUAL MEDICAL OR NUTRITIONAL ADVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND IN NO WAY, GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF OUR SERVICE, SITE AND OUR AFFILIATED PLATFORMS OR OFFERINGS BASED ON YOUR INDIVIDUAL NUTRITIONAL NEEDS, MENTAL OR PHYSICAL STATUS OR HEALTH CARE FACTORS. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE INGESTION (BY YOU OR ANY THIRD PARTY), OF ANY FOOD ITEM OR EFFECTS THEREFROM. WE ALSO EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH ANY DIRECT OR INDIRECT ADVICE, RECOMMENDATION OR DIRECTION YOU MAY MAKE TO ANOTHER USER OF THE SITE, OR INDIVIDUAL WHO MAY ACCESS THE SITE, REGARDING THE INGESTION BY ANY SUCH INDIVIDUAL OR THIRD PARTY OF ANY FOOD ITEM OR EFFECTS THEREFROM.
YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS). THE COMPANY MAKES NO WARRANTY OR REPRESENTATION IN CONNECTION WITH THE AVAILABILITY, SUFFICIENCY, DELIVERY, CONTENT, CHARGES, OR OTHER ASPECTS OF ANY THIRD PARTY OFFERING.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10. Limitation of Liability & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Offerings purchased on the Site during the three (3) month period before the discovery of the act or omission giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES OR ANY PARTY PROVIDING USER CONTENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, OR IN CONNECTION WITH ANY THIRD PARTY OFFERINGS.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT, OR USER CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. ADDITIONALLY WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY OFFERINGS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to indemnify and hold Company harmless from any damages, claims (including without limitation, intellectual property infringement claims), personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable expert and attorneys fees) arising from, out of, or in connection with (i) your (or any third party’s) ingestion of any item of food or other nature, or effects therefrom, (ii) the investigation or prosecution by any governmental or other body with jurisdiction over the receipt of medical, dietetic, or nutritional advice, (iii) your (or any third party’s) ingestion or use of any Third Party Offering, or effects therefrom, (iv) any and all User Content you have provided to us or authorized us to use, or (v) other issues which arise out of, or in connection with, your use of the Site, our Affiliated Platforms, the Offerings, or with respect to our relationship with you in reference to same.
Additionally, you agree to defend, indemnify, and hold us and our Affiliates harmless from all damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) that may arise from your use or misuse of this Site, the Affiliated Platforms, any and all User Content which you provided to us or authorized us to use, or violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You acknowledge and agree that neither we nor any third party which posts information on our Site or Affiliated Platform or which provides information to us which we use on the Site or Affiliated Platform (whether deemed User Content or otherwise), including recipes or otherwise (individually a “Provider” and collectively the “Providers”) shall be liable to you in any way for any losses, damages, or other costs of any kind. You agree to fully assume the risk of use of the Site including use of any information or materials provided by us or a Provider.
IN NO EVENT SHALL PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY (INCLUDING DEATH, ILLNESS OR OTHERWISE), LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE INCLUDING OUR AFFILIATED PLATFORMS AND OTHERWISE.
Additionally, you agree to defend, indemnify, and hold us and our Providers harmless from all damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) that may arise from your use of this Site and our Affiliated Platforms.
If you are a Provider or otherwise make any recommendations (directly or indirectly (including authorizing us to use content or material you have previously published elsewhere), on the Site or Affiliated Platforms or to us or to a User) as to specific recipes, meal plans, dietary needs or otherwise, whether this content is deemed User Content or not, you agree to indemnify and hold Company harmless from any damages, claims, personal injury (including illness, death or otherwise), liabilities, or costs of any kind (including reasonable attorneys fees) arising from, out of, or in connection with (i) any third party’s ingestion of any item of food or other nature, or effects therefrom, or (ii) the investigation or prosecution by any governmental or other body with jurisdiction over the receipt of medical, dietetic, or nutritional advice, or (iii) otherwise.
11. Private Label Partnerships.
12. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
13. Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in the Commonwealth of Massachusetts, and the statutes and laws of the Commonwealth of Massachusetts shall be controlling, without regard to the conflicts of laws principles thereof. Every interaction between you and us, the Site and any of our Affiliates, including these Terms and otherwise, shall be deemed to have occurred in the Commonwealth of Massachusetts, regardless of any other state’s conflict of interest rules. You agree and hereby submit to the sole and exclusive personal jurisdiction and venue of the courts in the Commonwealth of Massachusetts for any disputes arising from, or in connection with the Site, these terms or the Company.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to our address Lighter, Inc., 625 Massachusetts Ave. STE 2 Cambridge, MA 02139, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 5 of these Terms.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non- delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Age. You must be at least 18 years old to have our permission to use this Site.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. Except for our ability to update or amend these Terms, these Terms may NOT be altered, supplemented, or amended by you or through the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence, except if you also use one of our Affiliated Platforms and such conflict or inconsistency arises in connection with the Terms of Service of such Affiliated Platform(s) and in such case the Terms of Service of the Affiliated Platform shall control the specific issue from which the conflict or inconsistency arises.