This website (the “Site”) is owned and operated by Spirit Molecule, LLC (pending) (“Spirit Molecule”, “we”, “us”). The products and services available on this Site include dietary and nutritional information, articles, advice, tips, recipes, personalized coaching, diet strategies, and other products created or produced by Spirit Molecule. In addition, the Site may offer various products from third parties for purchase directly through the Site. The Site may also provide links to third party websites which in turn may have products or services for sale. All of the Site’s content, products, and related features are collectively referred to as the “Services” of the Site.
By accessing this Site or using any of its Services you hereby agree to be bound by these Terms of Service (“TOS”, “Terms”). If you do not agree to these Terms you may not use this Site or its Services.
2. Questions or Comments
Spirit Molecule welcomes all feedback and comments. Please send any questions or comments about the Site or its Services to [email protected]
3. Requirements of Users
You may not use this Site, its Services, or any information contained within for any illegal purposes. When purchasing any product or service through the Site you agree that it will be done in accordance with all applicable laws, absent of any fraud or other illegality. In addition, Spirit Molecule cannot provide absolute protection for any online purchases and your decision to make such purchases is at your own risk. If you violate these Terms, any policy or agreement with Spirit Molecule, or any law, or for any other reason deemed appropriate by Spirit Molecule, we reserve the right to terminate your use or access to the Site at any time, without notice.
4. Site Content
As stated in the Site Disclaimer, all Services offered in connection with the Site are for educational and informational purposes only. These Services provide advice, opinion, and direction regarding diet and eating habits. THE SERVICES OFFERED BY THE SITE ARE NOT DESIGNED TO REPLACE PROFESSIONAL MEDICAL ADVICE. ALWAYS CONSULT WITH A MEDICAL PROFESSIONAL BEFORE MAKING ANY DECISION THAT IMPACTS YOUR PHYSICAL HEALTH. NEVER DISREGARD, DELAY, OR IGNORE THE ADVICE OF A MEDICAL PROFESSIONAL BASED ON WHAT YOU HAVE READ ON THE INTERNET. EVERY INDIVIDUAL IS UNIQUE AND CHANGES IN DIET MAY AFFECT DIFFERENT INDIVIDUALS IN DIFFERENT WAYS. MOST IMPORTANTLY, IF YOU ALREADY HAVE A SPECIFIC MEDICAL CONDITION OR ARE AWARE OF PRE EXISTING HEALTH ISSUE YOU SHOULD DISCUSS ANY POTENTIAL CHANGES TO YOUR DIET WITH A MEDICAL PROFESSIONAL. THE INFORMATION PROVIDED ON THIS SITE IS OFFERED AT YOUR OWN RISK. PLEASE USE GOOD JUDGEMENT WHEN MAKING YOUR HEALTHCARE DECISIONS.
Individuals who read, review, or use any of the content, tips, advice, or recipes listed on the Site do so at their own risk. Medical research is constantly changing and can impact the accuracy or correctness of any of the content available on the Site, including counseling and coaching services or the usefulness and/or desirability of products listed for sale on the Site. Individuals who pay for the Site’s diet counseling and coaching services, or purchase products from the Site, do so at their own risk and further acknowledge it is their responsibility to let Spirit Molecule know of any healthcare issues, allergies, or medically necessary diet restrictions. Representatives from the Site are not medical professionals.. You should consult with a medical professional before making any dietary change, using any supplements, or taking any new course of action regarding your physical health.
5. Limited License for Users of the Site
These Terms of Service grant you a limited license to use the content contained on the Site. This license is a personal, revocable, non-exclusive, royalty free, non-transferable limited right for the content of this Site only and is contingent on your compliance with these Terms. If you print or download the content of this site in any way you are under obligation to ensure that any applicable copyright notifications are contained in such material. If you print or download the content in any way, it is for your personal use only.
6. Prohibited Activities
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Spirit Molecule. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Site and its Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; 2. Access the Site or Services by any means other than through the standard industry-accepted interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these Terms; 6. Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any Spirit Molecule product or service if you are not expressly authorized by such party to do so; 8. Use the Site or the Services in any manner that could damage, disable, overburden or impair Spirit Molecule’s servers or networks, or interfere with any other user’s use and enjoyment of the Site and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Spirit Molecule through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the site in any manner that could damage, disparage, or otherwise negatively impact Spirit Molecule. In addition to the foregoing, you acknowledge that the copying, reproducing, or sharing of any product, service, information, or program provided by Spirit Molecule to any other server, website, or location for the purpose of reproduction or redistribution is expressly prohibited.
The dietary and nutritional content of the Site, along with its products and services are intended for adult use. Any minor who utilizes the products or services of this Site should have the permission of a parent or guardian, and the approval of the Minor’s physician or medical professional.
8. Third Party Content
Any content, opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Spirit Molecule. Spirit Molecule is not responsible for, and does not guarantee the accuracy, completeness or usefulness of any third party content. In addition, Spirit Molecule does not endorse and is not responsible for the accuracy and reliability of any opinion, advice or statement made by a third party on its Site or any other. You may be exposed through the Site or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Site and Services at your own risk. Spirit Molecule takes no responsibility for your exposure to third party content on the Site or the Services. Spirit Molecule and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. At times Spirit Molecule my contract with certain parties to provide certain products for sale to purchase through the Site. In those cases, Spirit Molecule has explicitly contracted with those parties for the sale of a specific product on its Site. Spirit Molecule does not endorse, promote, or encourage the use of a third party product over any alternative. Spirit Molecule is not responsible for the misuse of a product purchased through its website. Any product listed for sale on its website is listed for your convenience and information only. You maintain all responsibility for the decision to purchase any product listed on this site and for the consequences of that purchase.
9. Accounts and Passwords
Use of this Site and its Services may require you to open an account.
During this registration process you will create a unique username and password. For your own security and protection it is recommended that you keep your username and password confidential and do not share them with anyone. You also acknowledge that by providing any information to Spirit Molecule that is untrue, inaccurate, not current or incomplete is grounds for termination of your account and restriction of your access to this Site. You are entirely responsible for any and all activities and conduct, whether by you or anyone else that are conducted through your account. You agree to notify Spirit Molecule immediately if you suspect any unauthorized activity on your account. Spirit Molecule is not responsible for any loss you may incur as a result of another party’s use of your account, username, or password, either with or without your knowledge. You may be held liable for losses suffered by Spirit Molecule, its Licensors, or another party due to someone else using your account or password.
10. Commercial Transactions
This Site may contain products for sale, either from Spirit Molecule directly, or from Third Parties. In the event you wish to purchase or to subscribe for any of these products or services, you will be required to provide information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Spirit Molecule, or such third party with the foregoing information as well as any other mandatory information as may be necessary. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Spirit Molecule with your credit card number and associated payment information, you agree that Spirit Molecule and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that Spirit Molecule (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Spirit Molecule of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Spirit Molecule reserves the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on your account or to terminate a subscription service, you may email [email protected]
11. Links to the Site
Spirit Molecule reserves the right to disallow you to link to the Site at any time and for any reason. You agree to immediately remove and disable any links if so instructed by Spirit Molecule. The following are general guidelines for adding one or more links to the Site from your website: The link must be text only that clearly indicates the URL of the applicable Site; The link may not be used in connection with or appear on any website a reasonable person may consider offensive, profane, defamatory or obscene; The link may not be used in such a way as to create a false impression that the entity is associated with Spirit Molecule; The link may not be used to trigger pop up advertisements or other promotional windows; The link must direct the user to a full-screen display of the Site; The link must direct the user to the homepage of the Site, or indicate which specific page within the text link; The link may not damage the goodwill associated with the Spirit Molecule brand name or trademark.
12. Disclaimer – Third Party Sites
The Site may contain links that direct you to the website of a third party. These links are provided as a convenience but are not endorsed by Spirit Molecule. The content of these websites has not been reviewed or approved by Spirit Molecule. In addition, Spirit Molecule is not responsible for the legality, accuracy, or appropriateness of any content, product, advertising, services, or other material on any website linked through Spirit Molecule. You acknowledge and agree that Spirit Molecule shall not be responsible or liable in any way for any damage or loss ca the sed or alleged to be caused by use of any third party link, content, goods or services.
13. Third Party Purchases
Any purchase or other transaction between you and any third party whose link may be listed on the Site is entirely between you and such third party. Payment, delivery, and all other dealings are entirely between you and the applicable third party, the terms of their website shall control your transaction with that party. You agree that Spirit Molecule shall not be responsible or liable for any loss, damage, or other matters associated with your transaction with any third party.
14. Disclaimer of Warranties
THE SITE AND ITS SERVICES, INCLUDING ALL CONTENT, ADVICE, AND PRODUCTS DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUNG AND RAW, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE CONTENT AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. YOUNG AND RAW MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN. YOUNG AND RAW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
15. Limitation of Liability
NEITHER YOUNG AND RAW NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF YOUNG AND RAW OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold Spirit Molecule, its licensors, subsidiaries, affiliates, officers, directors, agents, employees, partners, and other representatives harmless from and against any and all claims, damages, losses, costs, expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly from your breach of these Terms, your infringement or violation of copyright, trademark, or intellectual property right of a third party, or your access or use of the Site and its Services.
17. Copyright Policy
If you believe in good faith that any content or material on the Site infringes on your right under U.S. copyright law you avail yourself of the protections provided by the Digital Millennium Copyright Act of 1998 (“DMCA”). Any notice sent to Spirit Molecule must comply with the specific notice requirement set forth in the DMCA. If your notice does not confirm to these specific requirements it shall not be considered sufficient notice and shall not be deemed to confer upon Spirit Molecule actual knowledge of the facts or circumstances from which infringing material or acts are evident. Statutory requirements for notices and counter notices can be found at www.copyright.gov. Any notice sent to Spirit Molecule should contain the following: i) the signature (physical or electronic) of the person authorized to act on behalf of the owner of the copyright interest, ii) identification of the copyright protected work you claim has been infringed, iii) identification of the location of the material you claim has been infringed, iv) your contact information including name, address, telephone number, and email address, v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and, vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send notice to [email protected] Please be aware that there can be penalties for false claims under the DMCA.
You agree that at any time Spirit Molecule may terminate your access to the Site or discontinue your access to its services. This termination may be in whole or part, may include deletion or restriction of any username or passwords, and may be taking without notice to you.
The Site and its Services are available worldwide via the Internet. As a user of the Site and/or its Services you agree to comply and obey any applicable law, rule, or provision of the jurisdiction in question. Spirit Molecule reserves the right to limit the availability of its Site or Services in any jurisdiction anytime at its sole discretion.
20. Governing Law
These terms and the relationship between you and Spirit Molecule shall be governed by the laws of the State of California, in the United States of America. You and Spirit Molecule agree to submit to the personal and exclusive jurisdiction of the state courts located in the county of Orange, in the state of California, or the United States District Court for the Central District of California, and waive any jurisdictional, venue, or inconvenient forum objection to such courts.
21. Successors and Assigns
You many not assign your rights or obligations under these terms, by operation of law of otherwise, without prior written consent from Spirit Molecule. Spirit Molecule may perform any of its obligations or exercise any of its rights under these terms through one or more corporate affiliates, if any exist or come to exist, including direct, indirect, or common control. If Spirit Molecule or its assets are acquired by another entity that entity will assume all right and obligations due to Spirit Molecule under these terms.
22. Waiver and Severability
The failure of Spirit Molecule to exercise or enforce any right or provision of these terms shall not constitute a waiver or such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed and shall not affect the enforceability or validity of any remaining provisions.
Spirit Molecule may modify these terms at any time as it may find appropriate. If you disagree with any portion of these terms, or any future change to these terms you must discontinue your use of this Site and its Services. Your continued use of the Site or its Services after a modification of these terms will be deemed acceptance of the modification. It is your responsibility to regularly review these terms and any modifications. Spirit Molecule reserves the right to modify or discontinue the Site or its Services at any time without notice to you. Spirit Molecule will not be liable to you or any third party if it exercises its right to modify or discontinue the Site or its Services. If you continue to use the Site or its Services following a notice of any change to these terms you will be deemed to have acknowledged such changes and accepted that the modified terms will continue to govern your future use of the Site and its Services.