Terms of Service

Last Updated: October 13, 2016

This Terms of Service Agreement (“Terms of Service”, or “Agreement”) is an agreement between you (“User”) and Constructive Eating, Inc. (“we” “us”, or “our”) to govern the use of https://constructiveeating.com (“Website”). By using this Website, you agree to comply with these Terms of Service, our Privacy Policy, and any other conditions or guidelines posted on this Website.

License to Use Website

Unless otherwise noted, Constructive Eating, Inc. and its licensors own the intellectual property rights of the Website and all material on the Website. All intellectual property rights are reserved.

You may view, download, and print pages from the Website for you own personal use, subject to the restrictions below and throughout this Agreement.

You may not:

  • Sell, rent or sub-license material from this Website
  • Reproduce, duplicate, copy, or exploit material on this Website for commercial purposes
  • Republish material from this Website
  • Edit or modify material on this Website
  • Redistribute material from this website, except content specifically made available for redistribution

Prohibited Use of Website

You must not use this Website in a way the causes or could cause damage or impairment of the accessibility or availability of the Website. You must not use this website for, or in connection with, illegal, harmful, or fraudulent purposes or activities.

You must not use this Website to store, host, send, use, or distribute material consisting of, or linked to, spyware, viruses, or any other malicious computer software.

You must not conduct systematic or automated data collection on this Website. This includes, but not limited to, data mining, extraction, and harvesting.

You must not use this Website for purposes relating to marketing without written consent from Constructive Eating, Inc.. You must not use this Website to send unsolicited commercial communications.

Restricted Access

Constructive Eating, Inc. reserves the right to restrict access to any area of the Website at our discretion. If we provide you with a user ID and password to enable access to restricted areas, you must ensure the user ID and password are kept confidential. We may disable your user ID and password at any time without notice or explanation.

Website Warranties

This website, including the information and materials provided on it, is provided without any representation or warranties, expressed or implied. Nothing on this Website is meant to constitute advice of any kind.

Constructive Eating, Inc. does not warrant that:

  • This website will be consistently available
  • The information on the website is complete, accurate, or non-misleading

Limitations of Liability

Constructive Eating, Inc. will not be liable to you in relation to the contents or use of this website for:

  • any direct loss
  • any indirect or consequential loss
  • any business loss, loss of revenue, income, profits, contracts, business relationships, reputation or corruption of information or data.

Exceptions to Liability

Nothing in these Terms of Service will exclude or limit anything unlawful to exclude or limit. Nothing in this Agreement will exclude or limit the liability of Constructive Eating, Inc. in respect to:

  • death or personal injury caused by our negligence in regard to the use of this Website
  • fraudulent misrepresentations
  • any matter that would be illegal for us to exclude or limit its liability

Other Parties

You agree that you will not bring any claim against Constructive Eating, Inc. officers or employees for any losses suffered in relation to this Website.

You agree that the limitations of warranties and liabilities set out in this Agreement will protect Constructive Eating, Inc., our officers and employees, as well as subsidiaries, successors, and sub-contractors.

Indemnity

You hereby indemnify Constructive Eating, Inc. against any losses, damages, costs, liabilities, and expenses incurred by us arising from any claim or breach by you of any provisions of this Terms of Service. This includes, but is not limited to, legal expenses, settlements of a claim, and advice from legal advisers.

Breaches of this Agreement

If you breach these Terms of Service in any way, Constructive Eating, Inc. may take action we deem appropriate to deal with the breach. Action includes, but is not limited to, suspending access to this Website or bringing court proceedings against you.

Variations of Agreement

Constructive Eating, Inc. has the right to revise these Terms of Service at any time. New versions of the Agreement will apply to this Website from the date of last update listed at the top of this page. To ensure you are familiar with the most updated version, please check this page often.

Assignment

Constructive Eating, Inc. may transfer or sub-contract our rights and/or obligations under this Agreement without notifying you or obtaining your consent.

You may not transfer or sub-contract your rights and/or obligations under this Agreement.

Unenforceable Provisions

If any provision of this Agreement is deemed unenforceable by law, that will not affect the enforceability of all other provisions in this Agreement. If any part of a provision is deemed unenforceable, but the rest of the provision is deemed lawful if that part is deleted, it will be deemed deleted and the rest of the provision will be in effect.

Law and Jurisdiction

These Terms of Service will be governed by the laws of the United States. The exclusive jurisdiction for disputes relating to these Terms of Service shall be the state and federal courts located near Ann Arbor, Michigan.

Questions About Our Terms of Service

If you have any questions or concerns regarding our Terms of Service, contact us at (734) 418-3241 or customerservice@constructiveeating.com.