TERMS OF USE
Updated April 2, 2019
Welcome to At Home With Shay. This website (the “Website”) is owned by Single Chair, LLC (“Single Chair”, “we”, “us” or “our”) and is provided for your personal entertainment, information and education. “Website” as used in these Terms of Use (“Terms”) includes our pages and applications on third-party social-networking services such as Instagram, Facebook or Twitter and our applications on mobile devices. Your use of the Website is subject to the following terms and conditions. By accessing and using the Website, you accept and agree to be bound by these Terms and to use the Website in compliance with these Terms. If you do not agree to these terms, please do not use the Website or any services offered by the Website. These Terms will be updated from time to time without notice. You can review the most current version of these Terms at any time at: athomewithshay.com/terms.
PRIVACY
We collect information about you through your use of the Website. Our collection and use of this information is governed by our Privacy Policy (“Privacy Policy”), available at athomewithshay.com/privacy, which is expressly incorporated into these Terms.
LICENSE AND SITE ACCESS
Subject to your compliance with these Terms, Single Chair grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Website. You may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website or any portion of the Website without our express written consent. Subject in all respects to the immediately preceding sentence and to these Terms generally, you may copy images, illustrations, graphics, audio clips, video clips and text related to specific items appearing on the Website. Except as may be authorized by us, this license does not include any resale or commercial use of the Website or its contents, any collection and use of any product listings or descriptions, or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly provided herein, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of ours without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not use the Website in such a manner that threatens the integrity, security, performance, or availability of the Website. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Any unauthorized use, as determined in our discretion, terminates this license.
SITE CONTENT
Users of the Website may contribute content to the Website or provide opinions or advice as part of the Website. While we offer the Website for sharing information about our recipes and other food, we are not responsible for screening and/or verifying the information provided on or through the Website and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice. Information provided by users of the Website is solely the opinion of such users and does not express the opinions of Single Chair. You agree that your use of the content on the Website is at your own risk.
SUBMISSIONS
You acknowledge that you are responsible for the information and material that you submit, post or transmit though the Website (your “Submissions”), and that you, and not Single Chair, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content and may not post material that consists of or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not upload to, distribute, or otherwise publish through the Website any content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, hateful, or racially, ethnically or otherwise objectionable, or could give rise to any civil or criminal liability under U.S. or international law; (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (iv) is knowingly false or intended to mislead, confuse, or deceive others; (v) promotes illegal or harmful activities or substances; (vi) contains items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall; (vii) is harassing, threatening or insulting to others; or (viii) you were compensated for or granted any consideration for by any third party. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Unless otherwise expressly stated herein or in our Privacy Policy, you agree that any Submission provided by you in connection with your use of the Website is provided on a non-proprietary and non-confidential basis. We reserve the right (but not the obligation) to remove or edit any Submission.
All Submissions become the property of Single Chair and by submitting a Submission you hereby automatically assign to us any and all rights of ownership to the Submission. We have the right to use, copy, reproduce, modify, adapt, transmit, publish, translate, distribute, create derivative works from, and display your Submissions in any way as we see fit, in whole or in part, in any form, media and technology now known or later developed. You acknowledge that your Submission will not be returned and that we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose and without any right to receive notice of, or to inspect or approve, any use of the Submissions. You further understand and acknowledge that we have both internal and external resources which may have developed or may in the future develop ideas or other items identical to or similar to your Submissions and that we are only willing to consider your Submissions on these terms. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.
HEALTH AND WELLNESS
Information accessible on this Website is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet. Your physician is often in the best position to evaluate whether any particular diet is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
The Website content, including the recipes and all related information and commentary made available through the Website, as well as any ingredient management or cooking features, are for informational and convenience purposes only and are not intended to be (and do not constitute) dietary, nutritional, or food safety advice or recommendations specifically for you. You are solely responsible for ensuring that any food you prepare is properly cooked, and for monitoring your appliance and the doneness of your food. You agree that we are not responsible or liable for any harm or damage (including illness) that you or anyone else experiences as a result of consuming food prepared utilizing the Website’s recipes or features.
MERCHANT WEBSITES AND THIRD-PARTY CONTENT
The Website contains links to external merchant and third-party products, services, and websites. We exercise no control over these products, services, and websites, and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such external merchant or third-party products, services and websites.
INTERNATIONAL ACCESS
The Website may be accessed from countries other than the United States. The Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Website outside the United States, you are responsible for complying with your local laws and regulations.
COPYRIGHT AND INTELLECTUAL PROPERTY
Unless otherwise explicitly specified, the Website (including past, present and future versions) and included content (and any derivative works or enhancements of the same), including, but not limited to, all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, advertising copy, content, materials, products, services, URLs, technology, documentation, interactive features, the “look and feel” of the Website, the compilation, assembly and arrangement of the materials of the Website and any and all copyrightable material (including source and object code), (collectively, the “Website Content”) and all intellectual property rights to the same are owned or controlled by us, our licensors, or both. All trademarks, service marks, trade names, trade identities and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms are expressly reserved.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Our contact information is provided at the end of these Terms.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND THE WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT, MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE WEBSITE OR WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Single Chair, and its directors, officers, employees, agents, independent contractors, service providers and consultants (collectively, the “Single Chair Parties”) from and against any third party claims, damages, loss, liability, costs and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we will be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these Terms shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW; DISPUTES
These Terms are governed by the laws of the State of Florida, without regard to principles of conflict of laws. Any dispute shall be adjudicated in a state or federal court in Hillsborough County, Florida, and you consent to exclusive jurisdiction and venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arises.
GENERAL
These Terms and our Privacy Notice are the entire and exclusive agreement between Single Chair and you regarding the Website, and these Terms supersede and replace any prior agreements between Single Chair and you regarding the Website. We reserve the right to make changes to our Website, policies, and these Terms at any time without notice to you. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
CONTACTING Single Chair
If you have any questions or concerns about the Website or these Terms, you can reach us through the following mailing address, telephone number or email:
- Single Chair, LLC
- PO Box 456
- Oldsmar, FL 34677
- Phone: 248-890-6173
- Email: [email protected]