Terms and Conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the Lowcarb-ology.com website (“site“). RestlessChipotleMedia, Marye Audet and Lowcarb-ology maintain this site to provide general information and inspiration to our readers. Marye Audet is not a health professional and information on this blog, arising from this blog, or social media related to this blog is only her personal experience and opinions. You should always check with your health care provider before beginning any diet, health plan, or lifestyle change.

Terms and Conditions

 

All use of this site is subject to the following terms and conditions. By accessing and browsing this site, you agree to be bound by these terms and conditions.

Copyright

  • This site, including all text, images, software and other content contained herein, is the property of Lowcarb-ology.com, or its suppliers. It is protected by United States and international copyright laws.
  • The compilation and arrangement of all content on this site is the exclusive property of Lowcarb-ology.com and is protected by United States and international copyright laws.  All rights reserved.

Restrictions

  • You may view and print material displayed on this site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof.
  • You may not copy or otherwise use this site or any portion hereof, except as expressly provided above.  You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this site or any portion hereof, except with the express prior written permission of Marye Audet, Lowcarbology.com
  • Use of data mining, robots and similar data gathering and extraction tools is expressly prohibited.
  • You may link to this site without permission but the link must be easily seen and clicked on.
  • Nothing contained in this Site shall be construed as conferring by implication or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of Lowcarb-ology.com or any third party.
  • Any rights not expressly granted herein are reserved.

No Rendering of Advice

  • The information contained in or made available through this site is provided for informational purposes only and should not be construed as rendering consulting, design, or other professional advice of any kind.
  • Your use of this site does not create a client, advisory, fiduciary or professional services relationship between you and Lowcarb-ology.com.
  • Please consult a doctor before acting on any health-related opinions on Lowcab-ology.com or on any related blogs or social media accounts.  They are personal opinion only and not intended as personalized medical advice.

Accuracy of Information

While Lowcarb-ology.com uses reasonable efforts to furnish accurate and up-to-date information, Lowcarb-ology.com  does not warrant that any information contained in or made available through this site (including, without limitation, any information provided directly by representatives of Lowcarb-ology.com) is accurate, complete, reliable, current or error-free.

RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com assume no liability or responsibility for any errors or omissions in the content of this site or other materials or communications.

Disclaimer of Warranties and Limitations of Liability

  • Lowcarb-ology.com is provided on an “as is” and “as available” basis. Guests of the site use it at their own risk, and should make educated choices after speaking with their own health care provider.
  • RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com disclaim all warranties, expressed or implied, including, but not limited to:
    • Implied warranties of mechantability
    • Fitness
    • Title and non-infringement
    • Operation and availability of site
    • Information, material, content, services, or products included on, advertised/promoted, or made available through the site.

In addition, Lowcarb-ology.com does not warrant that the site will be uninterrupted or secure, that it is free of viruses or other harmful items. RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com and our affiliates and suppliers will not be liable for any damages of any kind resulting from, or in, connection with the use of this site. These damages include but are not limited to:

  • Direct
  • Indirect
  • Incidental
  • Punitive
  • Consequential
  • Loss of profits, reputation, data, or use without limitation

The foregoing limitation shall apply regardless of the form of action, in contract or otherwise. Some state laws do not allow limitations on implied warranties. Confer with legal counsel to see if you have additional rights under these laws.

Links to Third Party Websites

For your convenience, this site may provide hyperlinks to websites and servers maintained by third parties.  Lowcarb-ology.com does not control, evaluate, guarantee, or endorse the content or materials found on these sites and does not assume any responsibility or liability for the actions, products, services or content of these sites or the parties that operate them. Please review each site’s conditions of use and other disclosures.

You use these sites completely at your own risk.

Comments and Other Submissions

  • All comments,feedback, suggestions, and submissions of any sort furnished to RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com become the property of RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com.
  • No such submissions shall be subject to obligation of any sort.
  • Lowcarb-ology shall be entitled to unrestricted use and disclosure of any submissions anywhere in the world, on the Internet, or in any other format, including but not limited to: Television, radio, magazine, book, public speaking.
  • Lowcarb-ology reserves the right to use these submissions in any way desired without any obligation to compensate you for such use.
  • Visitors represent that they have the lawful right to furnish such submissions to Lowcarb-ology.com and are solely responsible for any violation of copyright.

Termination or Suspension of Access; Modifications to Site.

Lowcarb-ology.com reserves the right to terminate, suspend, or restrict your access to the site or any portion of the site, and/or social media affiliated with the site, with or without notice at any time for any reason at all.

Lowcarb-ology reserves the right to modify or discontinue this site at any time with or without notice.

RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com shall not be liable to you or any third party for any of the above actions, or other related actions.

Dispute Resolution

Any controversy, claim, or disagreement arising out of , or relating to, the terms and conditions put forth above, a breach hereof, or relating to this site or RestlessChipotle Media/Marye Audet (with the exception of injunctive relief sought by RestlessChipotle Media, Marye Audet, or Lowcarb-ology for any violation of the site’s proprietary rights) shall be settled by binding arbitration in accordance with the then current rules of the American Arbitration Association.

Process of Dispute Resolution

Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel.  Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties.  None of the arbitrators shall be officers or employees of the parties.  Each such arbitrator shall be an attorney having experience and familiarity with information technology disputes.

The location of arbitration shall be the State of Texas, USA.  The arbitrators shall have the right to award costs, fees and expenses, including but not limited to the arbitrators’ fees and reasonable attorneys’ fees, to the prevailing party.  To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.  Each party hereby waives its right to a trial by jury for any disputes between the parties.

Applicable Laws;Exclusive Jurisdiction.

RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com maintain this site in the State of Texas, USA. Use of this site and any disputes arising from that use shall be governed by the state laws of Texas, USA, without regard to principles of conflict of laws.

SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN TEXAS, AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

Modifications

Lowcarb-ology.com reserves the right to modify these terms and conditions at anytime upon posting. By continuing to use this site and it’s affiliates after any changes are posted, you acknowledge your acceptance of the revised terms and conditions. 

Miscellaneous

If there is a determination that any provision of these terms and conditions is invalid or unenforceable under applicable law, that determination will not affect the rest of these terms and conditions, and these terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. 

The failure of RestlessChipotle Media, Marye Audet, and Lowcarb-ology.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. 

Regardless of any statute or law to the contrary, any claim or cause of action against Lowcarb-ology.com arising out of or related to use of this site, or any affiliate site including social media, or under these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. Minors.  This Site is not intended for use by minors. If you are under the age of 13 you may not access or use this site.