Proprietary Rights

I. Content
All Web site materials, including, without limitation, the Fresh & Fit Recipes logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Fresh & Fit Recipes or its affiliates or licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Fresh & Fit Recipes, is strictly prohibited.

II. Trademarks
All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Fresh & Fit Recipes, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fresh & Fit Recipes. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.

Fresh & Fit Recipes might have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Web site. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

Third-Party Content & Services
Fresh & Fit Recipes may provide hyperlinks to sites such as search engines and content of third parties (“Third-Party Content”) as a service to those interested in this information. Fresh & Fit Recipes does not monitor nor does Fresh & Fit Recipes have control over any Third-Party Content. Fresh & Fit Recipes does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Fresh & Fit Recipes does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk.

Submissions
By submitting, disclosing, or offering any recipe, review, photograph, image, “favorites” list, comments, feedback, suggestions, ideas, notes, drawings, and other information, content or material, or other item (each, a “Submitted Item”) to Fresh & Fit Recipes, either online or offline and whether or not solicited by Fresh & Fit Recipes, you hereby grant to Fresh & Fit Recipes an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.

You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party. You will take, at Fresh & Fit Recipes’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Fresh & Fit Recipes to effect, perfect, and confirm the license granted to Fresh & Fit Recipes to your Submitted Item as set forth herein.

Publication or use of any Submitted Items is at the sole discretion of Fresh & Fit Recipes and Fresh & Fit Recipes is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Web site or otherwise used by Fresh & Fit Recipes, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant Fresh & Fit Recipes the right to use your name in connection with the publication, use or posting of your Submitted Item. You must include your full name and e-mail address with your Submitted Item so we can contact you if we have any questions about your Submitted Item; however, only your name and not your e-mail address will be published with your Submitted Item.

User Conduct
This Web site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Web site. You agree not to use the Web site to do any of the following:

1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;

2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;

3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

5. Without Fresh & Fit Recipes’ written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;

6. Harm minors in any way; or

7. Upload, post, e-mail, 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 telecommunications equipment.

Disclaimer
THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEB SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. FRESH & FIT RECIPES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FRESH & FIT RECIPES DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FRESH & FIT RECIPES DOES NOT REPRESENT OR WARRANT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK.

Fresh & Fit Recipes reserves the right to change any and all Content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fresh & Fit Recipes.

Limitation of Liability
IN NO EVENT SHALL FRESH & FIT RECIPES OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEB SITE, EVEN IF FRESH & FIT RECIPES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above might not apply to you.

Indemnification
You agree to defend, indemnify and hold harmless Fresh & Fit Recipes, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.

Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Web site, and any Material and Submissions transmitted by you via or in connection with our Web site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Web site from fraudulent, abusive, or unlawful use of our Web site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.

Termination
Fresh & Fit Recipes reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Web site, to block or prevent future access to and use of this Web site, and to remove and discard any Material and Submissions.

Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

Copyright Complaints
Notification must be submitted to the following:

support@FreshFitRecipes.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Web site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records. Fresh & Fit Recipes may, within its sole discretion, terminate authorization of users to its Web site who are repeat infringers.

Thank you for visiting FreshFitRecipes.com!