Welcome

Welcome to www.livingrealfood.com (the “Site”). In these Terms and Conditions of Use (the “Terms”), “user,” “you” and “your” refer to any person accessing the Site or any service or software related to the Site (the “Services” and “Software”). “Living Real Food,” “we,” “us,” and “our” refer to Living Real Food, Inc., a Delaware corporation, and may also include our affiliates (such as licensors, licensees, suppliers, advertisers, and sponsors) and our officers, directors, employees, consultants, shareholders, agents, and representatives.

Terms

By accessing this Site, Services, or Software, or by registering with us, you are agreeing to be bound by these Terms, and all applicable laws.

If you do not agree with any part of these Terms, you are prohibited from using or accessing the Site, Services, or Software and will not be able to register.

What We Do

We provide various services, information, and products related to nutritious real food. The Site provides users a place to access content, tools, and resources provided by us and our affiliates, and to communicate with each other.

We may change, suspend or discontinue any aspect of the Site, Services, or Software at any time, including the availability of any particular feature or content. We may also impose limits on certain features or restrict your access without notice or liability.

In addition, when using a particular aspect of the Site, Services, or Software, you may be subject to additional applicable terms. All such additional terms are incorporated by reference into these Terms. We may have other offerings from time to time that are governed by different terms.

Unless expressly stated otherwise, any new features that augment or enhance the current Services, Site, or Software shall be subject to this Agreement.

The Site, Services, and Software Are Strictly for Informational Purposes

We make available through the Site, Services, and Software a variety of information regarding food, food ingredients, preparation and cooking of food, and other aspects of real food. Information provided by third parties that users may see reflects the provider’s personal views and manner of expression, and not those of Living Real Food, Inc. The information we provide is not intended to be definitive advice to you, or to apply to all situations, or to serve as a substitute for your taking into account all factors about the particular activity you engage in—whether it’s sourcing, preparing, or cooking nutritious food. Similarly, for example, the presence of particular Content posted on the Site by a user or a third party does not indicate our approval or endorsement of any such Content. We are not responsible for the content or practices of other users or third parties. We encourage you to become familiar with such Content and of such users and third parties. Your use of the Site, Services, or Software, and information or Content related to them or materials linked to the Site, is entirely at your own risk. The Site, Services, Software, and linked materials are subject to the “Disclaimer” immediately below.

Disclaimer

THIS SITE, THE SERVICES, AND THE SOFTWARE ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THEM OR MATERIALS ON ANY SITES LINKED TO THIS SITE.

Links to Other Web Sites

This Site contains links to other web sites (the “Linked Sites”), such as social media sites and sites of our advertisers and strategic partners. While we encourage your appropriate interaction with Linked Sites, we do not review their content or management, and we are not responsible for them. Our inclusion of any Linked Site does not mean we endorse it. Your interaction with any Linked Site is at your sole risk.

Ownership Of Content and Intellectual Property Rights

Unless otherwise expressly noted, all information, text, images, illustrations, designs, graphics, icons, photographs, video, sound clips, software, and any other materials that are related to this Site (collectively, the “Content”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Living Real Food, Inc. (or used in accordance with “fair use” principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in is owned by Living Real Food, Inc.

Your Limited License to Access and Use the Site

By accessing this Site, you are granted a limited, non-transferable license to access/view the Content for as long as you are accessing this Site. However, by participating in the posting of links to this Site on, for example, the Linked Sites, you are inevitably sharing the Content on external portals. We hereby grant you a limited, temporary, and non-transferable use license solely to share the Content on external portals or other means of digital communication with your understanding that the Content, after it is shared, (a) is still covered by its applicable trademark and/or copyright laws, (b) is shared in an unmodified manner, (c) is not shared within a defamatory context or where it could be interpreted as such, and (d) contains a direct link back to the Content it represents on this Site.

If you download Software, the Software, including all files and images contained in or generated by the Software, and accompanying data are deemed to be licensed to you by us, for your personal use only. This license is granted under the terms of a standalone license agreement between you and Living Real Food, Inc. We and our licensors retain full title and intellectual property rights to the Software. You may not sell, redistribute, or reproduce the Software, nor may you reverse-engineer or otherwise convert the Software to human-perceivable form. We and our licensors own all trademarks and you may not copy or use them in any manner.

User Submissions

We welcome your participation in the Site’s community resources, which includes without limitation blogs and other forums on the Site (collectively, the “Forums”). It is important that you be aware that, unless otherwise expressly provided in writing on the Site or in a standalone written agreement between us and you, if you send or submit any message, comment, content, or any other information in whatever form (“Submission”), it shall become the exclusive property of Living Real Food, Inc. No Submission will be subject to any confidentiality obligation on our part, and we shall have no liability for any use or disclosure of any Submission. We will have sole and exclusive ownership of all existing and future rights to the Submission worldwide, and may use the Submission for any purpose in our sole discretion, without compensation to any party providing the Submission. By your Submission, you assign (or warrant that the owner of such rights has expressly assigned) to us the worldwide, perpetual, exclusive right to use your Submission in its original or edited form, in any medium (now known or later devised), including without limitation videos, software, RSS feeds, APIs, marketing, audio tapes or disks, computer networks, books or articles. You also warrant that you own or otherwise control all of the rights to the Submission and that the posting and use of the Submission by us will not infringe any rights of any third party. Additionally, you warrant that any moral rights in the Submission have been waived.

Unless provided otherwise in a standalone written agreement between us and you, you will not be compensated for any Submissions. You agree that we may publish or otherwise disclose your name (to the extent you have posted your name or user name) in connection with your Submissions.

Information on Forums comes from a variety of contributors, some of whom may use anonymous names and are not otherwise connected with Living Real Food, Inc. You acknowledge that within the large volume of information in our Forums, contributors might make statements that are inaccurate or misleading.

We do not endorse, sanction or verify, and specifically disclaim responsibility or liability for, any Submissions. We have no obligation to respond to any Submissions, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on the Site.

Inappropriate Submissions

You agree not to upload or otherwise distribute any Submissions that (a) are libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) violate any law or regulation; or (c) advertise or otherwise solicit funds for goods or services. We reserve the right to terminate your distribution of any such material and, if applicable, delete any such material from our servers. We will cooperate fully with law enforcement agencies in the investigation of any violation of these Terms or of any applicable laws.

Prohibited Activities

We impose restrictions on your use of the Site, Services, and Software. You are prohibited from attempting to violate any security feature such as (a) accessing content not intended for you or logging onto a server or account you are not authorized to access; (b) attempting to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Site, Services, or Software; (c) using the Site, Services, or Software to send unsolicited communications; (d) attempting to modify, reverse-engineer or otherwise attempt to reduce to a human-perceivable form any of the source code related to the Site, Services, or Software; (e) using the Site, Services, Software, or any Content obtained from them, to develop, or as a component of, any information storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including without limitation through sale, license, or subscription; or (f) violating any law or regulation, or the rights of third parties. Any violation may subject you to civil and/or criminal liability.

Right to Investigate Violations

We reserve the right to terminate your use of the Site, Service, or Software. To ensure that we provide a high quality experience for you and for other users, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Site, Services,

and Software immediately, with or without notice to you, and without liability to you, if we believe you have violated any of the Terms, furnished us with false or misleading information, or interfered with other users’ use of the Site, Services, or Software.

Modifications to these Terms

We may revise these Terms, or our Privacy Policy that is incorporated into these Terms

www.livingrealfood.com/privacy, at any time. We will send a notice to you at the email address you provide us any time these Terms are changed or updated. By using this Site, Services, or Software, you are agreeing to be bound by the then-current version of these Terms. We do not, however, make any commitment to update these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Your sole remedy for any dissatisfaction with the Site, Services, or Software is to stop using them.

Indemnity

You agree to indemnify us for any third party claims, losses, liability, damages, and costs (including without limitation reasonable attorneys’ fees and costs) (collectively, a “Loss”) arising from (a) your access to, or use of, the Site, Services, or Software, (b) your violation of these

Terms, or (c) your violation, or violation by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any Loss, and will provide you with reasonable assistance, at your expense, in defending any such Loss.

Severability; Waiver

If a court of competent jurisdiction finds any part of these Terms to be unenforceable for any reason, all other provisions will remain unaffected. No waiver of any breach of these Terms shall constitute a waiver of any other breach of the same or any other provisions, and no waiver is effective unless made in writing and signed by an authorized representative of the waiving party.

Your Privacy

We respect your privacy and permit you to control the treatment of your personal information. Our current Privacy Policy can be found at www.livingrealfood.com/privacy. Our Privacy Policy is incorporated into these Terms.

We may require you to register before you use or access the Site, Services, or Software by providing us complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us.

Copyrights and Trademarks

All Content is subject to the following copyright notice: Copyright © 2015 Living Real Food, Inc. All rights reserved.

The trademarks owned by Living Real Food, Inc. include without limitation: LIVING REAL FOOD, REAL CRATE, MAKE IT YUMMY, MiY, [any other word marks] and design marks displayed in connection with the Site, Services, or Software.

We respect others’ intellectual property rights, and we insist our users do the same. If you believe that posted Content or Submissions infringe your rights under copyright law in specific materials (collectively, a “Work”), please follow the procedure described below to notify us of your concerns or objections.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives recourse to copyright owners who believe material on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that material on the Site, the Service, or the Content infringes your copyright, you or your agent may send us a notice requesting that the material be removed or that or access to it be blocked (the “Notice”). The Notice must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted Work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that a Notice of copyright infringement has been wrongly filed by us against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.loc.gov/ copyright for details. You may wish to consult your legal adviser before filing a Notice or counter-notice. Please note there can be penalties for false claims under the DMCA.

Any Notice or counter-notices must be sent to us at:
Living Real Food, Inc. Legal Department, copyright@livingrealfood.com

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

Miscellaneous Provisions

These Terms and our Privacy Policy is the entire agreement between you and Living Real Food, Inc. regarding their subject matter and they supercede all prior communications or agreements; provided that you may be subject to additional terms when you use our affiliate’s services. These Terms are governed by the laws of the State of California, U.S.A. (excluding its conflict of laws principles and, if applicable, the United Nations Convention on Contracts for the International Sale of Goods), with exclusive jurisdiction in Santa Clara County, California. You shall be solely responsible for providing all copyright notices and other legal notices in connection with any Content you may post or upload and for determining parental advisory warning status. If any provision of these Terms is held invalid by a court of competent jurisdiction, the remainder of this Agreement will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Acknowledgement

By accessing this Site, Services, or Software, you agree to be bound by these Terms.

PLEASE NOTE THAT, TO COMPLETE YOUR REGISTRATION WITH US, YOU WILL BE REQUIRED TO VERIFY YOUR CONSENT TO THESE TERMS.