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Conditions of Use

Welcome to http://www.journalmenu.com (the "Site"). Please review the following basic rules that govern your use of the Journal Menu site. (the "Agreement"). Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use.


Use of this site

Always consult a qualified medical professional before beginning any nutritional program or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read Journal Menu. Any content or information provided by Journal Menu, is for informational and educational purposes only and any use thereof is solely at your own risk. Journal Menu bears no responsibility thereof.

The information contained herein is not intended to be a substitute for professional medical advice, diagnosis or treatment in any manner. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical condition. All information contained in Journal Menu products or the Journal Menu website including but not limited to text, graphics, images, information, third party information and/or advice, food, recipes, exercises, diets, psychology, websites, links, including but not limited to any content by employees, consultants or writers and contributors, and or any other material contained herein are for informational and educational purposes only.

By entering the Journal Menu website the reader and/or viewer does hereby acknowledge that it is your sole responsibility to review this Disclaimer and any other disclaimer or waiver.

All materials, including images, text, illustrations, designs, icons, photographs, programs or downloads, video clips and written and other materials that are part of this Site are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Journal Menu and protected by copyright laws. ALL RIGHTS RESERVED. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this Site is strictly prohibited.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Journal Menu's endorsement, sponsorship or recommendation of the third party, information, product or service. Journal Menu is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

 

Limitation of Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Journal Menu or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Journal Menu web site or products, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Journal Menu has been advised of or should have known of the possibility of such damages. In no event will Journal Menu be liable for any damages in excess of the fees paid by you in connection with your use of the site and products.


Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

 

Uploaded Images

You agree to grant Journal Menu a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site and any images uploaded for use in custom journal covers. You agree that you have the permission or copyright of any images uploaded to Journal Menu.


Pricing Information

While Journal Menu strives to provide accurate product and pricing information, pricing or typographical errors may occur. Journal Menu cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Journal Menu shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Journal Mneu may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

Indemnification 

You agree to indemnify, defend and hold harmless Journal Menu, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.


Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND OTHER PRODUCTS AND SERVICES OF JOURNAL MENU IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

Any cause of action you may have with respect to the Site or Journal Menu's products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.


Other Important Terms

We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Web site at the time the order is accepted will apply to the order.

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.


Last Updated: 5/8/2012

 



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