Terms of Service for GigiStewart.com

Updated: 25 May 2018

Disclaimer:

Gigi Stewart, MA / Gluten Free Gigi, LLC offers health and nutritional information. This information is provided for EDUCATIONAL PURPOSES ONLY.

This information is NOT a substitute for PROFESSIONAL medical advice, diagnosis, or treatment. Seek the advice of a physician or other health care professional if you have concerns or questions about your health.

ALL MATERIAL ON GIGISTEWART.COM OR PRESENTED BY GIGI STEWART, M.A. OR GLUTEN FREE GIGI, LLC IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE THE INFORMATION PROVIDED AT YOUR OWN RISK. CONSULT A PHYSICIAN REGARDING THE APPLICABILITY OF ANY IDEAS, OPINIONS OR SUGGESTIONS TO YOUR UNIQUE SITUATION.

Terms of Service Agreement

This agreement (“Agreement”) between Gigi Stewart, MA / Gluten Free Gigi, LLC (“GFG”) and you sets forth the terms and conditions governing your use of any of the GFG or GFG-related websites (“Sites”) and/or the services (“Services”) provided by GFG.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES.

BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, IMMEDIATELY CEASE ACCESS AND USE.

GFG MAY MODIFY THIS AGREEMENT AT ANY TIME. SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE DELIVERED BY POSTING THE MODIFIED AGREEMENT ON THE SITES OR VIA E-MAIL.

YOUR USE OF ANY SITES AND/OR SERVICES FOLLOWING SUCH NOTICE IS YOUR ACCEPTANCE OF SUCH CHANGES.

BY USING THE SITES YOU ARE ALSO AGREEING TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. FURTHER, YOUR CONTINUED ACCESS TO THE SITES AND/OR SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT, IF EVER REQUESTED.

1. Limited License; Use of Services.

GFG grants you a limited personal, non-exclusive and non-transferable right and license to access its Sites and Services.

Services are for your personal and non-commercial use.

GFG’s Services may contain, without limitation, E-mail services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.

2. Prohibited Activities.

While using the Sites and/or Services, you agree you will not:

a. attempt to discover or use the source code in any way, modified or otherwise;

b. distribute, reproduce, publish, create derivative works from, transfer or sell any content obtained through Sites or Services;

c. access Sites or Services through any means other than those provided by GFG;

d. transmit information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;

e. impersonate or otherwise misrepresent your affiliation with any person or entity, including without limitation, GFG and affiliated persons;

f. post or transmit any material that contains a virus or corrupted data;

f. delete proprietary marks or labels, author attributions or legal notices from content uploaded to any communication feature;

g. use Sites or Services communications features in a manner that adversely affects resource availability and use for other users (e.g. flooding continuous postings of repetitive text, extensive use of all caps, etc.);

h. post or transmit “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any unsolicited advertising or similar promotional material;

i. violate any applicable local, state, national or international law;

j. post or transmit any material that infringes any trade secret, trademark, patent, copyright or other proprietary rights of any party;

k. delete or revise any material posted by any other person or entity;

l. subscribe, unsubscribe, attempt to subscribe, attempt to unsubscribe register, etc. any party for any GFG product or Service if you are not expressly authorized to do so;

or

n. use Sites and/or Services for any purpose that is unlawful or prohibited by these terms and conditions.

You may not use Sites or Services in any manner that could damage, disable, overburden or impair GFG’s servers or networks,. You may not engage in behavior that would interfere with any other user’s use and enjoyment of the Sites and/or Services.

Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to GFG through hacking, password mining or any other means.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.

3. Billing and Renewal Transactions and Policies.

From time to time, products and/or Services may be offered for sale on the Sites. If you wish to purchase or subscribe to for any of these products or Services, GFG or an authorized third party will ask you to supply certain information, including without limitation, your full name, address, telephone number and credit card information.

You agree to provide the foregoing information as well as any other mandatory information that is accurate, complete and current. You agree 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.

Some Services offered by GFG are subscription-based services. If you open a subscription-based account through a GFG site, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

GFG reserves the right to change the amount of, or basis for determining, any fees or charges for Services provided, and to institute new fees, charges or terms effective upon notice to subscribers. GFG reserves the right to terminate any account at any time for any reason.

4. Message Boards and Chat Rooms.

GFG may, from time to time, choose to host message boards, chats and other public forums on its Sites.

Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future.

GFG 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 GFG staff, WM’s outside contributors, or by users not connected with GFG, some of whom may employ anonymous user names.

GFG 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 whatsoever.

GFG is not responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.

Under no circumstances will GFG, its affiliates, suppliers or agents be liable for any loss or damage caused by you or any user’s reliance on information obtained through these forums.

The views and opinions expressed in these forums are solely those of the participants. The do NOT reflect the opinions of GFG or any of its subsidiaries or affiliates.

5. Monitoring.

GFG has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree GFG does have the absolute RIGHT to monitor the same at its sole discretion.

In addition, GFG reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason.  GFG may also 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 itself, its clients, sponsors, users and visitors.

Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

6. Third Party Content.

From time to time, content contained on any of the Sites or Services may be supplied by third parties and users.

When this occurs, GFG is a distributor (and not a publisher) of such content. It has no editorial control over such content. Opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not GFG.

Neither GFG nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.

7. Giveaways, Contests and Games.

GFG may, from time to time, provide giveaways, contests and games on its Sites.

The rules, regulations and procedures governing any of the foregoing shall be available on the Web page where the contest or game may be located.

By entering or participating, you agree to be subject to those rules, regulations and procedures.

Read all rules carefully before participating.

8. Accounts, Passwords and Security.

Whenever one of the Sites or Services requires you to open an account, you must complete the registration process by providing GFG with current, complete and accurate information, as prompted by the applicable registration form.

You acknowledge providing any information to GFG which is untrue, inaccurate, not current or incomplete, may, in GFG’s sole discretion and at any time, result in GFG terminating this Agreement and your continued access and use of the Sites and/or the Services.

As part of a registration process, you may be asked to select a username and password. If so, you are entirely responsible for maintaining the security and confidentiality of this information.

FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You agree to notify GFG immediately of any unauthorized use of your account or any other breach of security. GFG 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.

On the other hand, you may be held liable for any losses incurred by GFG or another party due to someone else using your account or password.

9. Disclaimer Regarding Links.

From time to time there may be links on Sites and/or as part of the Services that may let you leave the particular Site or Service you are accessing in order to access a linked site (“Linked Sites”).

GFG provides these links as a convenience, but neither controls nor endorses these Linked Sites. You should also not assume GFG as reviewed or approved the content which appears on the Linked Sites.

GFG is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites.

You acknowledge and agree that GFG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

10. Dealings with Third Parties.

If you so choose, your participation, correspondence or business dealings with any third party found on or through our Sites and Services, 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 GFG shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

11. Proprietary Rights.

You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. This information is the sole property of GFG or its licensors.

You further acknowledge and agree that any content that may, from time to time, be contained in information presented to you by others through GFG Sites and Services that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

By sending or transmitting to GFG creative suggestions, ideas, notes, concepts, information, or other materials (“User Submissions”) or by posting such User Submissions on the Sites, you hereby grant GFG and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User Submissions in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the User Submissions.

The foregoing license to GFG shall be fully paid-up and royalty free. In addition, under no circumstances shall GFG have any obligation whatsoever to pay a fee to any subscriber or user in connection with the User Submissions upon the occurrence of a transfer of all or any portion of GFG’s business through a merger, sale or transfer of all or substantially all of the assets of GFG, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.

None of the User Submissions disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on GFG’s part. GFG shall not be liable for any use or disclosure of any such User Submissions.

12. Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law.

If you believe in good faith that materials hosted by GFG infringe your copyright, you, or your agent may send to GFG a notice requesting that the material be removed or access to it be blocked.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon GFG actual knowledge of facts or circumstances from which infringing material or acts are evident.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to GFG a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

13. Privacy.

GFG’s policy with respect to the collection and use of your personally identifiable information is set forth at:

Privacy Policy

By accepting these Terms of Service, you acknowledge this policy.

14. Disclaimer of Warranties.

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GFG AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.

15. Limitation of Liability.

NEITHER GFG NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES.

IN NO EVENT SHALL GFG’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.

16. Professional Advice Disclaimer.

THIS SITE OFFERS HEALTH AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY.

YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.

DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.

THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.

FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND GFG MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

ONGOING DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE.

NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

17. Indemnification.

You agree to indemnify, defend, and hold GFG and its subsidiaries, affiliates, officers, directors, agents, affiliates, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to GFG or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services.

This Section 17 shall survive in the event this Agreement is terminated for any reason.

18. Jurisdictional Issues.

GFG makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States.

Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

GFG reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products provided.

19. Termination.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that GFG, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason.

You agree that any actions taken under this Section 19 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

20. General Information.

This Agreement constitutes the entire agreement and understanding between you and GFG and governs your use of the Sites and the Services, superseding any prior agreements between you and GFG.

This Agreement and the relationship between you and GFG shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. You and GFG irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Fulton, in the State of Georgia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

The failure of GFG to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with GFG’s prior written consent.

However, GFG may assign this Agreement to any third party whom it chooses without your consent.

No waiver by GFG of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

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