TERMS OF SERVICE
Last Updated on April 30, 2010
You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this web site under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our Site. You agree to the terms and conditions of The Diabetic Skillet Site and Simple Skillet, hereby incorporated by reference, which details the ways in which we and other parties might use personal information that belongs to you. In accordance with this Policy, we may use information and materials received from you or collected through your use of our Site, and may disclose such information to third parties.
Section A: Terms of Service
1. General Use and Restrictions.
1.1 Use of Site. Subject to the further provisions set forth in these Terms of Service, Simple Skillet grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site solely for informational and non-commercial purposes and for other purposes expressly permitted by Simple Skillet in writing on the Site. If you are a Member (as defined below), Simple Skillet also grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site for the purpose of searching and viewing Member's special Content for informational and non-commercial purposes, subject to the further provisions set forth in these Terms of Service. You agree not to enter or use the Site for any purpose that is prohibited by these Terms of Service or is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site.
1.2 Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information.
1.3 Use of Content. You may print or copy any Content that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of these Terms of Service including, without limitation, Section 1.4 below. If you are a Member, you may share your printed copy of Content with members of your household, and make replacement copies as necessary for your personal household use.
1.4 Restrictions. Other than printing or copying Content for informational non-commercial purposes as provided in Section 1.3 above, and use of Content as provided in Section 1.1 above, you may not (and you agree that you will not) (a) reproduce, distribute, create derivative works or publicly display any Content without first receiving our express written permission, (b) share the Content with any third party outside of Member's household, other than on a spontaneous incidental basis, or otherwise make the Content available to any third party outside of Member's household, (c) use any of our trademarks as metatags on other web sites, or as keywords for search results page advertisement, (d) use the Site in any manner that is illegal or that impairs the operation of the Site or its availability or usage by others, and/or (e) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user's experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any web crawlers, robots, spiders, or any data gathering or extraction tools, or otherwise engage in data mining in connection with your use of the Site. Search engines may engage in customary site indexing and caching. You agree not to submit to the Site any malicious software of any kind, including without limitation viruses or Trojan horses.
2. Member Account, Password and Security
2.1 General. A user's ability to use the Services depends on the particular user's membership status.
2.2 Account and Password. If you subscribe to the Services and we issue an account to you to use the Services (an "Account"), we will also issue a username and/or password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a "Member"). You may not authorize any third party to enter and/or use your Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your password and other information relating to your Account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify Simple Skillet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Simple Skillet cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
2.3 Membership Status. Members have access to special Content on the Site. If you are not a Member, you agree not to use or access, or attempt to use or access, any Content and/or Services intended only for Members.
2.4 Term of Service. Each Account for Members is established for a period of one year beginning on the date you subscribe to the Site (the "Start Date"). All Accounts for which the Member has provided credit card information shall automatically renew for successive periods of one (1) year each, unless either party gives the other party written notice of its intention not to automatically renew at least one (1) day before the scheduled expiration of the then current term. The initial membership period of one (1) year and each successive renewal period shall be referred to collectively herein as the "Term."
2.5 Annual Fees. If you are purchasing a gift subscription on behalf of another person (a "Gift Recipient"), you agree to pay the annual fee on the date you purchase the gift subscription. If you are a Member (other than a Gift Recipient), you agree to pay the annual fee on the Start Date, and on each anniversary thereof, during the Term.
2.6 Payment Method. All amounts payable hereunder must be made by a credit card designated by you, or by such other form of payment as Simple Skillet may permit from time to time. If you pay by credit card, you agree that Simple Skillet is authorized to charge your designated card on the applicable due date. If Simple Skillet does not receive payment from the applicable card issuer or its agents, you agree to pay all amounts due immediately upon demand. You agree to promptly notify Simple Skillet of changes to (a) the account number or expiration date of your designated card, and/or (b) your billing address. You also agree to promptly notify us if your card is canceled.
2.7 Termination/Suspension. We may, in our sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof. If we terminate your use of the Services on grounds that you have violated these Terms of Service, you will not be entitled to any refund of the payments that you have made to Simple Skillet, if any. If we terminate your use of the Services in their entirety for any other reason, then you will be entitled to a refund, on a pro-rata basis, of the amount of payments that you have made, if any, corresponding to the portion of your Services remaining as of the date of termination.
3. Linking and Third Party Dealings.
3.1 Links to External Sites. We may provide hyperlinks to other web sites and Internet resources operated by parties other than Simple Skillet. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any affiliation with or sponsorship or endorsement of the material on such web sites or their operators.
3.2 Linking to the Site. Subject to the further provisions of this Section 3.2, we welcome links to the Site from other web sites. If we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
4.1 General. The Site and all original Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Simple Skillet or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Service, all rights in and to the Site and Content are expressly reserved by Simple Skillet.
4.2 Trademark Skillets. THE DIABETIC SKILLET and the Skillet Logo are trademarks or registered trademarks of Simple Skillet, and, except as expressly provided in Section 1.3 above, may not be imitated, duplicated or used, in whole or in part, without prior written content from Simple Skillet.
5. Legal Disclaimer
5.1 General. The information provided in this Site is meant for informational purposes only and is not intended to substitute for any type of medical advice, diagnosis, or treatment. Talk to your healthcare provider before beginning any new meal plan, and ask your healthcare provider to refer you to a Certified Diabetes Educator or a Registered Dietician to help you create a meal plan just for you. You should always check with your doctor before you make changes to your diet. Please consult your physician or a registered dietitian if you have any questions about your diet, diabetes or other medical condition or the information presented herein. No information contained on the Site or in any e-mail sent to you by The Diabetic Skillet and/or Simple Skillet is to be taken as medical or other health advice pertaining to any individual's specific health or medical condition. Although we make an effort to provide quality information to you, Simple Skillet disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Site Content. The Diabetic Skillet Site Content is not a diagnosis, treatment plan, or recommendation for a particular meal plan or course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all Site Content.
5.2 Nutritional Information. The Diabetic Skillet and Simple Skillet recipes may include nutritional information and values at the bottom of the recipe ("Nutritional Information"). Nutritional Information is obtained from The Food Processor, Version 10.3 or higher (ESHA Research) or is provided by food manufacturers. For more information about ESHA Research, please visit their website at www.esha.com.
5.3 Using The Diabetic Skillet Site Information with Care. Simple Skillet is committed to providing recipe-based nutritional information so that individuals may, by choice or under a doctor's advice, adhere to specific dietary requirements and make healthful recipe choices. The Nutritional Information is based on individual recipe ingredients. While we have attempted to provide you with accurate Nutritional Information, the Nutritional Information is not intended for medical nutrition therapy. If you are following a strict diet for medical or dietary reasons, it is important that you, first, consult your physician, diabetic educator or registered dietitian before planning your meals based on recipes on the Site, and second, remain under appropriate medical supervision while using the recipes and/or Nutritional Information on the Site. OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT THE DIABETIC SKILLET and SIMPLE SKILLET IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. SIMPLE SKILLET, IT'S AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR SITES.
5.4 Other resources. The American Dietetic Association, the American Diabetes Association, the American Heart Association, and the American Cancer Association can also provide more detailed information on how you and your family can benefit from adhering to a healthy diet. The Diabetic Skillet and Simple Skillet are providing this information for reference purposes only; this information does not imply any affiliation with or sponsorship or endorsement of these entities or the information they provide.
You expressly acknowledge and agree that your use of the Site and Content is at your sole risk. To the maximum extent permitted by applicable law, the Site and Content is provided to you on an "AS IS" basis. Simple Skillet makes no representations or warranties relating to the Site or Content including, without limitation, representations or warranties that (a) the Site or Content shall meet your requirements, (b) the operation of the Site will be uninterrupted or error free, or (c) any defects in the Site or Content will be corrected. WE DO NOT GUARANTEE OUR SITES TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLE SKILLET HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT SIMPLE SKILLET KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SITE AND THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLE SKILLET FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON INFRINGEMENT WITH RESPECT TO THE SITE AND THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SIMPLE SKILLET OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF SERVICE, THE SITE OR THE CONTENT, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF SIMPLE SKILLET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. To the extent not prohibited by law, in no event shall Simple Skillet's total liability to you for all damages exceed the greater of (a) $5.00, or (b) the aggregate of all fees received by Simple Skillet from you within the twelve (12) month period before the applicable claim arises.
8. Modifications to the Site or Services.
For the avoidance of doubt, we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and the Content, at any time for any reason (or for no reason) and without notice or liability, subject only to the terms of Section 2.5 above.
9. Governing Law and Jurisdiction.
The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. These Terms of Service shall be deemed to be agreed to by you in Santa Clara County, California. These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by the laws of the State of California and the United States, without giving effect to the conflict of law provisions thereof. You consent to exclusive jurisdiction and venue in the federal courts sitting in San Jose, California, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Santa Clara County, California. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
Information transmitted on the Internet and/or stored on systems connected to the Internet is not 100% secure. As a result, we cannot ensure, warrant or guarantee the security or integrity of such information.
1. Information We Collect.
We collect "personally identifiable information" and "automatic information."
"Personally identifiable information" is information that tells us who you are, such as your name, address, phone number, email address, coupon or referral code and credit card information. We collect personally identifiable information only if you voluntarily choose to provide it to us when you subscribe to the Site as a Member. You can choose not to provide personally identifiable information to us. However, if you do not provide such information, you will not be able to subscribe to the Site, so your ability to use the Site, Services and Content will be limited to those web pages available to unregistered users of the Site.
"Automatic information" is information automatically collected by our web server (which may be hosted by a third-party) that your web browser makes available whenever you visit our Site, such as browser type, operating system and IP address. We may collect such automatic information when you visit the Site. Your IP address may be associated with personally identifiable information; your browser type and operating system will not be associated with personally identifiable information.
This Site also uses "cookies," which are pieces of information that are temporarily stored in your computer's memory to help our Site recognize you while using the Site Cookies cannot be used to access any personal information from your computer. Cookies are used as a standard practice by many sites. As important as cookies are to our Site, we understand that this might make you uncomfortable. If you would prefer not to accept cookies from our Site or any other site, you can modify the setting on your specific web browser. However, the Site may not function properly if you modify your settings. Please refer to your browser's online help feature or the user's manual for instructions on how to do this. Cookies may be associated your personally identifiable information to facilitate your access to your Account.
2. Use of Information We Collect.
We use personally identifiable information for the purpose for which it was provided to us. For example, we may use personally identifiable information that you submit when subscribing to the Site as a Member to establish your Account. We may also use personally identifiable information to provide customer support, to send you newsletters and emails containing news articles or information about menus and other similar matters (which you can opt out of receiving by notifying us), to send you e-mails about your Account and the Site, and to respond to e-mails. We may also use demographic information to better understand our customer base and determine how we can improve the Services.
We may use your referral code or coupon code to identify you with the organization associated with that referral or coupon code (the "Associated Organization").
We may use automatic information to ensure that the Site functions properly for you. We may also use your IP address as required for security purposes when you submit a payment to us.
3. Disclosure of Information.
If you provide us with a referral code or coupon code, we may disclose your name to the Associated Organization, so that it can properly track individuals who have subscribed to the Site.
We may disclose non-personally identifiable information in aggregate form to third parties including, without limitation, advertisers, business partners, and distributors.
4. Access to Your Information.
Members may access, change, correct and/or update personal information provided to us by accessing the Account portion of your Member's Page. This page allows you to change, correct and/or update your billing information, and your name, address, and e-mail address.
5. Privacy of Children.
The Site is a general audience web site. We do not intentionally collect personally identifiable information from users of this Site who are under the age of thirteen. If we become aware that a user of our Site is under the age of thirteen and has provided an online registration, we will remove that child's personal information from our files.
6. Links to Other Websites.
7. Privacy Support.