Terms of Use

by Dee

LowCarbAndTasty.com promotes an active, low-carb lifestyle. By using the LowCarbAndTasty.com website, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of the LowCarbAndTasty.com service. If you do not agree to abide by this Agreement, do not register with LowCarbAndTasty.com, use its services, use the website (www.LowCarbAndTasty.com) or download or purchase any materials or products from the site. If you wish to become a member of LowCarbAndTasty.com, you will be required to indicate your acceptance of these Terms of Use during the sign-up process.

The Low Carb & Tasty website and its functionality are herein referred to as Low Carb & Tasty Services or Services. They include, but are not limited to, the creation, participation, and administration of private and public forums and groups, and the display of articles, reviews and other content.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Low Carb & Tasty features and properties, shall be subject to these Terms Of Use.

Membership and Subscription; Fees and Policies
Subject to the Terms of Use in this agreement, users must register to browse certain site information.

You may become a subscriber of the Services at no cost. As a no-cost subscriber, you may participate in some, but not all, of the features and services available within the Low Carb & Tasty Services. In order to access additional features and services, including but not limited to, posting to forums and writing reviews, you must become a subscriber to the Service and you may be subject to a fee. This fee will be charged to your Payment Method at the time of purchase. You may accept or reject fees to be charged to you for your use of additional services. We may change our billing fees and policies and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days’ notice of the changes either by a message sent to the e-mail address of the account holder or by posting the changes on our web site. However, we may choose to temporarily change our billing fees and policies and the fees for our services for promotional events. Such changes are effective when the event is posted on the website. We may, in our sole discretion, change some or all of our services at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Low Carb & Tasty Privacy Policy
Registration data and certain other personal information about you is subject to our Privacy Policy, which is incorporated herein by reference.

Limited License
Subject to the terms and conditions set forth in this Agreement, Low Carb & Tasty grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon solely for your personal use. You may not exploit for public or commercial purposes, sell, modify, reproduce, display, distribute or resell any portion of the Low Carb & Tasty Services, use of the Low Carb & Tasty Services, or access to the Low Carb & Tasty Services.

The Low Carb & Tasty website is copyrighted and protected by worldwide copyright laws. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Low Carb & Tasty does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Warranty and Disclaimer
Low Carb & Tasty strives to ensure the site operates without error and that the website and its servers are free of computer viruses or other harmful code. However, the Low Carb & Tasty Services, the Low Carb & Tasty website, and the information and materials contained therein, are provided on an “AS IS” basis without any warranties of any kind, express, implied or statutory. Use of the Services is at your sole risk and there is no warranty that the Low Carb & Tasty Services will meet your requirements, the service will be uninterrupted, timely, secure or error-free, the results obtained from the use of the service will be accurate or reliable, and that any errors in the software will be corrected. Low Carb & Tasty contains materials provided by third parties, and will likewise not be held responsible for any such third party material.

Consult a physician before beginning any diet or exercise program. The Low Carb & Tasty Services are provided solely for your information and entertainment. Diet and exercise are matters that vary from person to person. In addition, this website is not a substitute for proper medical diagnosis, care or treatment related to your physical and mental well being. Low Carb & Tasty is not responsible for the accuracy, reliability, effectiveness, or correct use of information provided by the Services, or for any health problems that may result from use of the Services.

Any material downloaded or otherwise obtained through use of the service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Low Carb & Tasty or through Low Carb & Tasty Services shall create any warranty not expressly stated herein.

Limitation of Liability & Damages
In no event will Low Carb & Tasty be liable to any user or other third party for any damages resulting from the use or inability to use the web site or the materials contained therein. This disclaimer and limitation includes direct, indirect, incidental, special, consequential, or exemplary damages or lost profits, business interruption, loss of information or programs or other data, and applies whether based on warranty, contract, tort, or any other legal theory, regardless of whether Low Carb & Tasty is advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Third Party Submissions and Links
The Low Carb & Tasty website may include postings, listings, and information from third parties, including advertisers and other partners. Such content is the responsibility of the third party creator of the content and Low Carb & Tasty cannot guarantee accuracy or integrity of the content. Low Carb & Tasty has no control over, and has no responsibility for such content under any circumstances and is merely providing access to such content as a service to you. Third-party materials may include offensive, inappropriate, harmful, or deceptive information. Please use caution when using or viewing third party information.

While Low Carb & Tasty will endeavor to remove any offensive or harmful content from the website as soon as it comes to our attention, we will determine in good faith and in our sole discretion whether or not to remove or request the removal of the content. Low Carb & Tasty will have no liability or responsibility for performance or non-performance of such actions.

As a convenience to you, Low Carb & Tasty may provide, on its website, links and/or advertisements to web sites operated by other entities. These sites are not necessarily affiliated, endorsed, or in any way related to Low Carb & Tasty. If you decide to visit any linked site, you do so at your own risk and understand Low Carb & Tasty makes no warranty or representation regarding any linked web site.

Acceptable Use and Public Submissions
You agree not to take any action, nor use any software, engine, tool, agent, device or mechanism that a) imposes an unreasonable or disproportionately large load on this web site’s infrastructure, or b) interferes with the proper working of the site or any activity being conducted on this site, or c) searches and navigates the Low Carb & Tasty website by means other than what is provided to you by Low Carb & Tasty and generally available third party Web browsers.

As a participant in Low Carb & Tasty services, you understand that all information provided by you, whether publicly posted or privately transmitted, is your sole responsibility. This means that you, and not Low Carb & Tasty, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Low Carb & Tasty Services. You acknowledge that Low Carb & Tasty does not pre-screen content, but that Low Carb & Tasty and its designees reserve the right (but not the obligation) at all times to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Low Carb & Tasty’s sole discretion. Low Carb & Tasty also may disclose content if required to do so by law, or to protect the rights and property of Low Carb & Tasty, its users and the public.

In particular, you agree not to use the Service to:

  1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, ethnically or otherwise objectionable.
  2. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of another.
  3. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or the proper working of this web site.
  4. Impersonate any person or entity, including, but not limited to, a Low Carb & Tasty official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
  6. Solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
  7. Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Low Carb & Tasty does not claim ownership of the Content you submit for inclusion on the Service. However, with respect to the Content you submit, you grant Low Carb & Tasty a world-wide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such Content on the Service solely for the purposes of providing and promoting the specific portion of the web site to which such Content was made available. This license exists for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Low Carb & Tasty removes such Content from the Service.

External Links to the Site
All links to the Low Carb & Tasty website must be approved in writing by Low Carb & Tasty, except that Low Carb & Tasty consents to links in which: (i) the link is a text-only link containing only the name “LowCarbAndTasty.com”; (ii) the link “points” only to www.LowCarbAndTasty.com; (iii) the link, when activated by a user, displays the cited page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked web site; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Low Carb & Tasty nor be such as to damage or dilute the goodwill associated with the name and trademarks of Low Carb & Tasty or its Affiliates. Low Carb & Tasty reserves the right to revoke this consent to link at any time in its sole discretion.

Copyright Infringement
Low Carb & Tasty respects the intellectual property of others, and require our users to do the same. Using the Low Carb & Tasty website to infringe copyright or other intellectual property rights is grounds for summary dismissal from the site without refund. If you believe that your work has been used on the website in a manner that constitutes copyright infringement, please provide Low Carb & Tasty with a written notice – by postal mail or e-mail – that includes the following information:

  • The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • A description of where the material in question is located on the website.
  • Your mailing address, telephone number, and e-mail address.
  • A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Proprietary Rights
You acknowledge and agree that the Low Carb & Tasty Service and any necessary software used in connection with the Services (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Low Carb & Tasty Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Low Carb & Tasty or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Low Carb & Tasty Services or the Software, in whole or in part.

Low Carb & Tasty grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Low Carb & Tasty Services by any means other than through the interface that is provided by Low Carb & Tasty for use in accessing the Low Carb & Tasty Services.

You agree to indemnify and hold Low Carb & Tasty, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, or arising out of or relating to the conduct of you or anyone else in connection with use of the Service, or due to or arising out of Materials you submit, post, transmit or make available through the Services, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

Low Carb & Tasty may, in its sole discretion, modify or revise these Terms of Use at any time by updating this page. Users are bound by any such modifications. If you do not agree to be bound by such modifications, your sole remedy is to discontinue use of the Low Carb & Tasty website and associated services.

Low Carb & Tasty reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Low Carb & Tasty Services (or any part thereof) with or without notice. You agree that Low Carb & Tasty shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Low Carb & Tasty Services.

General Information
You agree that this Agreement and all incorporated agreements may be automatically assigned by Low Carb & Tasty, in our sole discretion, to a third party.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

The LowCarbAndTasty.com website is controlled, operated and administered by Low Carb & Tasty from its offices within the United States of America. You may not use the website or export any Materials in violation of U. S. export laws and regulations. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.

This Agreement constitutes the complete and entire agreement between Low Carb & Tasty and you with respect to your use of the Site. The Terms of Use and the relationship between you and Low Carb & Tasty shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Any dispute between you and Low Carb & Tasty must be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitration panel shall be composed of three (3) arbitrators, one selected by you, one by us, and one by agreement between the arbitrators whom the parties have selected. Each party shall pay one-half of the usual and customary fee of each arbitrator.

The venue of any arbitration shall be Albany County, New York.

The arbitrators’ decision shall be binding and final, and no appeal may be taken from the arbitrators’ decision except under a theory of “abuse of discretion.” Any judgment reached by the arbitrators may be entered in any court of competent jurisdiction over the party against whom the judgment is taken. Low Carb & Tasty specifically and exclusively submits to the personal jurisdiction of the Supreme Court of Albany County, New York and of the United States District Court for the Northern District of New York.

Any cause of action you may have with respect to your use of the Low Carb & Tasty Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.