User Agreement 

Acceptance of Terms

 

Welcome to the At the Table Nutrition Inc.’s web site www.atthetablenutrition.com (“At the Table”). At the Table provides its web site and related services ("web site") to you subject to the following user agreement ("agreement"). If you do not agree with any of the terms of this agreement, do not access or otherwise use this Web site or any information contained on this web site. Your use of this Web site shall be deemed to be your agreement to abide by each of the terms set forth below. At the Table can change this agreement at any time by posting an updated user agreement on this Web site and At the Table may send registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using this web site. If you do not cease using this web site, you will be conclusively deemed to have accepted the change. If you have any questions about the agreement, you may contact us at info@atthetablenutrition.com.

User Account, Password, and Security

 

You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify At the Table of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. At the Table cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

User Conduct

You acknowledge and agree that At the Table may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of At the Table, its users and the public.

You understand that the technical processing and operation of the Web site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. At the Table takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against At the Table and its affiliates, contractors, agents and employees for losses, damages and injuries, which are based on or relate to communications, Content or materials on the Web site. You agree to indemnify At the Table and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

You agree that you will use this Web site and any products and stamps, ordered on this Web site in accordance with all applicable Canadian federal, provincial and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

Privacy Policy

Your privacy is very important to At the Table. Users of this Web site should refer to our privacy policy for information about how At the Table collects and uses personal information. By accepting this Agreement you expressly consent to At the Table’s disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Web site, by At the Table, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Web site without the authorization of the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the Web site, in violation of applicable copyright and other intellectual property laws.

You retain all ownership rights to your Content submitted to the Web site. By submitting Content to At the Table, you grant At the Table a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

You acknowledge and agree that the Web site and any software provided to you or used in connection with the Web site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of software, subject to your compliance with the terms and conditions of this Agreement, At the Table grants you a non-exclusive, non-transferable, non-sublicenseable license to use the software solely as necessary to use this Web site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web site or the software, in whole or in part.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to At the Table (excluding your content you submit) will automatically be deemed to be assigned, granted and transferred by you to At the Table upon their submission or communication to At the Table, and you do assign all rights therein to At the Table and agree that the same will automatically become the property of At the Table and that At the Table may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose At the Table may elect, forever.

Intellectual Property Policy

At the Table respects the intellectual property rights of others. We ask our users to do the same. At the Table may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. 
If you believe that your content has been copied in a way that constitutes copyright and/or trademark infringement, please notify At the Table at info@atthetablenutrition.com, and provide the following information ("Notice"):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
  • a description of the copyrighted work and/or trademark claimed to have been infringed;
  • a description of where the claimed infringing Content is located on our Web site;
  • your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Warranty

You represent and warrant that you are the owner of the Content, which you submit and that the Content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorized by all required web site action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.

Indemnity

You agree to defend, indemnify and hold At the Table and At the Table's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Web site, (b) your use of the Web site, (c) your connection to the Web site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web site, use of the Web site or access to the Web site without At the Table 's express written consent.

Termination

You agree that At the Table, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Web site, and remove and discard any Content you may have contributed to the Web site, at any time for any reason or no reason. At the Table may also in its sole discretion and at any time discontinue providing the Web site, or any part thereof, with or without notice. You agree that any termination of your access to the Web site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that At the Table may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Web site. Further, you agree that At the Table shall not be liable to you or any third-party for any termination of your access to the Web site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Web site in any way, your only recourse is to immediately discontinue your use of the Web site and/or terminate your account.

Links

The Web site may provide, or third parties may provide, links to other web sites or resources. Because At the Table has no control of such Web sites and resources, you acknowledge and agree that At the Table is not responsible for the availability of such Web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources or the policies or such Web sites and resources. At the Table is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site or resource.

Public Reputation

You acknowledge and agree that you will not use any product or service ordered from the Web site in a way that would be damaging to At the Table's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product or service ordered from At the Table, in a public setting, including on the Internet, in a way which disparages At the Table, At the Table's board members, employees, shareholders or partners, or the Canadian Postal Service, At the Table reserves the right to demand immediate return of the product or service, to furthermore pursue all recourses and remedies available under the law. 

Pricing, Shipping, and Terms of Sale

Prices for products are described on the Web site and are incorporated into this Agreement by reference. All prices are in Canadian dollars. Prices and products may change at At the Table's discretion. Title and risk of loss for all products ordered by you shall pass to you on At the Table's shipment to the shipping carrier. Purchases are subject to At the Table's Return Policy. At the Table reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.

Age and Geographic Restrictions

You must be at least 13 years of age to use this Web site. Please contact us if you have any concerns or questions about this restriction.

Correction of Errors and Inaccuracies

The information and product listings on this Web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.

Disclaimer of Warranties

Your use of the Web site is at your sole risk. This Web site and the information, services, products, programs and materials available through it are provided on an "as is" and "as available" basis.

All recommendations (verbal, written, audio, internet and email) provided by At the Table are intended for educational and informational purposes only. The information provided is not a substitute for a professional medical opinion.  Please contact your doctor for specific individualized health and nutrition recommendations. At the Table and its employees, consultants, authors and publishers disclaim any liability in connection with the use of the information. 

To the fullest extent permissible pursuant to applicable law, At the Table and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.

At the Table does not make any warranty that (a) the Web site or its content will meet your requirements, or (b) that the Web site or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the Web site will meet your expectations, or (d) that defects, if any, will be corrected. You agree that At the Table shall have no responsibility for any damages suffered by you in connection with the Web site or any content contained therein.

You expressly agree that use of this Web site, including all content, data or software distributed by, downloaded or accessed from or through this Web site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that At the Table does not control in any respect any information, products, or services offered by third parties on or through this Web site. Except as otherwise agreed in writing, At the Table and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this Web site.

You acknowledge that At the Table makes no warranty or representation that confidentiality of information transmitted through this Web site will be maintained.

No advice or information, whether oral or written, obtained by you from At the Table or through or from the Web site shall create any warranty not expressly stated in the agreement.

Limitation of liability

Under no circumstances including, without limitation, its own negligence, shall At the Table or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing At the Table or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if At the Table has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Web site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Web site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Web site or (e) any other matter relating to the Web site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

Severability

If any provision of this agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this agreement shall in no way be affected or impaired.

General

These terms and conditions and your relationship with At the Table shall be governed by and construed in accordance with the laws of the province of British Columbia, without resort to its conflict of law provisions. You and At the Table agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. At the Table may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. At the Table's failure to act with respect to a breach by you or others does not waive At the Table's right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and At the Table, and supersedes all other communications, written or oral, with regard to the Web site and services provided by At the Table.