Terms of Use

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Terms of Use

1. Your Acceptance2. The Blender Girl Website3. General Use of the Website Permissions and Restrictions4. Protection of The Blender Girl Website.5. Your Use of Content on the Website.6. Digital Millennium Copyright Act7. Warranty Disclaimer8. Indemnity9. Ability to Accept Terms of Use 10. Assignment11. Choice of Law / Dispute Resolution12. Miscellaneous

This is a legal agreement (the “Agreement”) between you (“you” and “your”) and Tess Masters, Inc. o/b/o and p/k/a The Blender Girl (“The Blender Girl,” “we,” and “us”) governing your use of The Blender Girl Website and any related Services.  The services offered by The Blender Girl through and in conjunction with The Blender Girl Website are hereinafter referred to as “Services.” The Blender Girl reserves the right, at any time and without justification, to change, suspend or discontinue at any time any of the services it offers.

1. Your Acceptance

A. By using and/or visiting this Website (collectively, including all content and functionality available through the www.healthyblenderrecipes.com domain name, referred to herein as the "Website") and/or accepting any Services, you signify your agreement to:

If you do not agree to any of these Terms of Use and/or The Blender Girl Privacy Policy, you must discontinue use of the Website immediately. 

B. Although we may attempt to notify you when major changes are made,  The Blender Girl (including its owners, shareholders, LLC members, officers, directors, operators, employees, contractors, affiliates, subsidiaries, assigns, representatives, agents, sponsors, and/or licensors) may, in its sole and absolute discretion, amend these Terms of Use and the Privacy Policy. It is your sole responsibility to periodically review the most up-to-date version of The Blender Girl’s Terms of Use and Privacy Policy. You agree to be bound by future amendments and modifications to The Blender Girl’s Terms of Use and/or Privacy Policy. If, at any time, either the Terms of Use and/or the Privacy Policy become objectionable to you, and you no longer agree thereto, you shall immediately cease use of the Website.  

C. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 

2. The Blender Girl Website

A. These Terms of Use apply to all users of the Website.  

B. The content on the Website is provided for informational and entertainment purposes only.  Such content may change without prior notice and The Blender Girl does not guarantee that the information contained on the Website is the most current and accurate information available. Research developments may render some information inaccurate, and The Blender Girl assumes no liability for any damage or loss relating to the accuracy of any information contained on this site or in any linked materials. 

C. Tess Masters is not a qualified health care professional. The information contained on this Website is her opinion based on research and personal experience unless otherwise stated, and should not be substituted for qualified medical advice. Health-related information is in no way intended to diagnose, prevent, treat or cure any medical or other condition. Always seek the opinion of a qualified medical practitioner or other health care provider for an individual consultation before making any significant changes to your diet and lifestyle and/or or to answer questions about specific medical conditions.

D. The Website contains comments (including posts and page comments) from third parties who are not owned or controlled by The Blender Girl. The Blender Girl does not endorse the content or views expressed by any third parties unless otherwise expressly stated.

E. The Website contains links to third-party websites that are not owned or controlled by The Blender Girl. The Blender Girl has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, The Blender Girl will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve The Blender Girl from any and all liability arising from your use of any third-party website. 

F. The Blender Girl reserves the right to discontinue any aspect of the Website at any time. 

3. General Use of the Website Permissions and Restrictions

The Blender Girl hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that: 

A. You agree not to distribute in any medium any part of The Blender Girl Website without The Blender Girl's prior written authorization. 

B. You agree not to alter or modify any part of the Website.

C. You agree not to access The Blender Girl Website through any technology or means other than those explicitly authorized by The Blender Girl. 

D. You agree not to use the Website for any commercial use without the prior written authorization of The Blender Girl. Prohibited commercial uses include any of the following actions taken without The Blender Girl's express approval:

  • i. sale of access to the Website or its related services on another website; 
  • ii. use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
  • iii. the sale of advertising, on the Website or any third-party website, targeted to the content of specific content owned by The Blender Girl

4. Protection of The Blender Girl Website.

A. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The Blender Girl grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Blender Girl reserves the right to revoke these exceptions either generally or in specific cases. 

B. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website (e.g. comments) for any commercial solicitation purposes. 

C. The Blender Girl reserves the right to take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Website. 

5. Your Use of Content on the Website.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on The Blender Girl Website. 

A. The content on the Website (including, without limitation, recipes, text, software, scripts, graphics, photos, sounds, videos, and interactive features) (collectively referred to herein as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by and/or licensed to The Blender Girl, subject to copyright, trademark, and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Blender Girl reserves all rights not expressly granted in and to the Website and the Content. 

B. You may access The Blender Girl Content for your information and personal use solely as intended through the provided functionality of the Website.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the The Blender Girl Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. 

6. Digital Millennium Copyright Act

A. Pursuant to the Digital Millennium Copyright Act (DMCA) (See 17 U.S.C. 512), copyright owners and/or their agents who believe that Content on the Website infringes their copyright and/or any other intellectual property right, may submit notification of the suspected infringement to The Blender Girl, and must do so in accordance with the requirements of the Digital Millennium Copyright Act, the text of which may be found at http://www.copyright.bov/legislation/dmca.pdf. Failure to comply with the requirements of the DMCA will result in a failure of notice for the purposes of the statute.  Your notification to The Blender Girl should:

  1. Identify the copyrighted work you claim has been infringed.
  2. Identify the material you claim is infringing (along with information reasonably sufficient to permit The Blender Girl to locate the material).
  3. Include your mailing address, email address, and telephone number.
  4. Include the following statement: "I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  6. Be sent to The Blender Girl’s designated DMCA agent at the following address:  The Blender Girl, LLC c/o Joseph Stallone, Esq., 609 Castle Ridge Road, Suite 450, Austin, Texas 78746, stallone@ohdlegal.com.

B. Counter-Notice. If you believe that your Content was wrongfully taken down pursuant to a DMCA notification, you may file a counter-notification.  Your counter-notification to The Blender Girl should:

  1. Identify the material you believe was wrongfully removed (including the source address of the content).
  2. Include your mailing address, email address, and telephone number.
  3. Include a statement, under penalty of perjury, that you have a good faith belief that the content was removed in error.
  4. Include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which The Blender Girl may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
  5. Be sent to The Blender Girl’s designated DMCA agent at the following address:  The Blender Girl, LLC c/o Joseph Stallone, Esq., 609 Castle Ridge Road, Suite 450, Austin, Texas 78746, stallone@ohdlegal.com.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE BLENDER GIRL WEBSITE SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, TESS MASTERS, INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICES, AND YOUR USE THEREOF. TESS MASTERS, INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TESS MASTERS, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TESS MASTERS, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Indemnity

You agree to defend, indemnify and hold harmless Tess Masters, Inc. o/b/o and p/k/a The Blender Girl, its parents, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

A. your use of and access to the Website; 

B. your violation of any term of these Terms of Use or the Privacy Policy; or

C. your violation of any third party right, including without limitation any copyright, property, or privacy right.

9. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Website is not intended for children under 18.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Blender Girl without restriction.

11. Choice of Law / Dispute Resolution

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over The Blender Girl, either specific or general, in jurisdictions other than California. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California without regard to its conflict of laws principles.  The parties agree that any and all disputes, claims or controversies arising out of or related to this Agreement shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of California, Los Angeles, and shall be administered by, and pursuant to the rules of, the American Arbitration Association.  Disputes shall be arbitrated on an individual basis.

12. Miscellaneous

These Terms of Use, together with the Privacy Notice at healthyblenderrecipes.com/privacy_policy and any other legal notices published by The Blender Girl on the Website, shall constitute the entire agreement between you and The Blender Girl concerning the Blender Girl Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and The Blender Girl's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

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