Copyright © 2018. 

All content on this site is copyright protected 2017-2018. Please do not re-use or repost without prior written permission from Theory Foods. 
 

The Theory Foods Service, Advice, Content & Social Media Channel Content

On this site you will find advice and services. This site's content and services cannot and does not replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals regarding the evaluation of any specific information found on this site or the Theory Foods' social media channels or the services offered via Theory Foods and this site. Your access and use of the Theory Foods site and social media channels does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Theory Foods site and social media channels or through the services offered by Theory Foods. Your reliance on any information provided on the Theory Foods site and social media channels and through the services provided by Theory Foods is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Theory Foods site and social media channels or services offered. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death. Content on this site and in the Theory Foods social media channels and through the services provided by Theory Foods in no way constitutes medical advice and is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We also advise you to consult with your medical doctor before changing your diet or lifestyle. Never disregard professional medical advice or delay seeking it as a result of your use of the services provide by Theory Foods, or the Theory Foods website content or content from the Theory Foods social media channels. We make no guarantees about your experience or results from your use of the Theory Foods services, or the Theory Foods website content or content from the Theory Foods social media channels.

Warranties

YOU USE THIS SITE AND THE THEORY FOODS SERVICE AT YOUR OWN RISK. THIS SITE AND THE THEORY FOODS SERVICE (AND ANY PORTION OF THE SITES AND/OR SERVICES OFFERED AND/OR SOCIAL MEDIA CONTENT AND/OR BLOG CONTENT) ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through this site, this site's content, the Theory Foods service, or the content of any websites, any social media or other Internet resources linked to the Theory Foods site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the sites or services offered (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the sites; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the site content, the use of the sites and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Theory Foods site (including, without limitation any of the services).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

PARTICIPANT acknowledges and agrees that no representation has been made by OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Indemnification & Jurisdiction

You agree to indemnify and hold harmless us and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses. We control and operate the sites from our offices in the United States. We do not represent that materials on the sites are appropriate or available for use in other locations. People who choose to access the sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration & Waiver of Jury Trial

These Terms of Use will be governed by, and construed in accordance with the laws of the State of California. All disputes related to these Terms of Use shall be submitted for resolution to the American Arbitration Association (“AAA”). You hereby waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final, and judgment may be entered into it in accordance with the applicable law in the Circuit Court. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party within an AAA office in California, USA. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, YOU HEREBY WAIVE THE RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS RELATING TO THESE TERMS OF USE, AND THE BREACH THEREOF WHETHER IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT.

Severability; Waiver; Modification

If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then said provision shall be severed from the remaining Terms of Use and shall not affect the validity or enforceability of the remaining provisions. Failures to timely exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein.

Injunction Relief

You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our services, productions or projects.

Questions

If you have any questions regarding these Terms of Use, you may contact us at info@theoryfoods.com