Terms of Service
TERMS AND CONDITIONS
Please review the following terms and conditions relating to your use of this website, products and services. By using our website, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions regularly for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU SHOULD NOT USE OUR WEBSITE.
Scope of Terms & Conditions
Unless indicated otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by Sunny Inside LLC and our affiliates, including, without limitation, this website and any other web presence (such as any social media platform we operate).
Terms & Conditions
By using this website, you agree to be legally bound and to abide by these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right to terminate your password, user account, and/or access to this Website. We may discontinue, modify or alter any aspect of the website, including, but not limited to, restricting the time the Website is available, restricting the amount of use permitted, and restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.
Use of Material Restrictions
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, photos, video, text, graphics, ideas, recipes, articles and other materials that are protected by copyrights, patents, trademarks, and other proprietary rights, and that these rights are protected in all forms. All this information and materials (collectively known as the Content) on this site is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Copyright
Certain content of this website, including, but not limited to text, design, photographic images, video clips, illustrations, artwork, articles, reference information, menus and all other protectable elements of this Site, remains the sole and exclusive property of us or the authors, including all copyright, trademarks and all other proprietary rights. You agree not to duplicate, or otherwise extract any of the Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify the content, display, publicly perform, distribute or otherwise use any of the content on EatSunny.com for any public or commercial purposes without our prior written consent. All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site are owned exclusively by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior written consent.
Submissions
By publishing, displaying or uploading (collectively, “Posting”) any text, links, photos, video, design, illustrations, artwork, articles, messages or other data or information on or to the website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, nonexclusive, fully-paid, royalty-free and worldwide license to use, copy, perform, display and distribute such content and to prepare derivative works of, or incorporate into other works and to grant and authorize sublicenses of the foregoing. You also understand and agree that if and when you decide to Post any user content to or through this website: The user content is not in breach any of these Terms of Use, nor does the user content violate any law or judicial or governmental order; you represent and warrant that you own all rights to and/or are authorized to Post the user content to or through this website; we may preserve and/or disclose the user content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms of Use; respond to any claims that any user content violated the rights of third parties, or protect the rights, property, or personal safety of this website, its users or the public; and, last, we may modify, alter, delete, remove or otherwise not display or post such user content at our sole discretion.
Parental or Guardian Permission
Some of the content and information on this website may not be appropriate for children. We strongly recommend that children between the ages of 13 and 18 ask for their parents’ or guardian’s permission before viewing our Website.
Links
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator.
Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties. All matters concerning the services, merchandise and other products from the third party sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the third party sellers. We make no warranties or representations with regard to any services, merchandise and other products provided by the third party sellers. You will not consider us a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Privacy
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy.
Security
If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities that occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
User Behavior
You further agree not to copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by us or other users for the purpose of selling, engaging in, marketing or promoting any other product or service.
Even though all of the above materials and activities are strictly prohibited, there is a small chance that you may become exposed to them while using the Site or the Service. If so, neither we nor any of our officers, directors, employees, members, managers, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.
You are solely responsible for your interactions with other users. We reserve the right, although we have no obligation, to monitor disputes between you and other users and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of these Terms of Use, including termination of access to the site of one or more users.
Copyright Infringement Notification and Procedure
If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please send written notification via mail or email to:
Sunny Inside LLC
179 East 79th Street
NY, NY 10075
support@eatsunny.com
Copyright Complaints
You agree not to submit to us or through this site any materials, including, but not limited to, any user generated content, that infringe any copyright or other proprietary rights of any other party, or contain any defamatory or libelous statements, invade any person’s privacy, threatens the safety of any person, is racially, culturally, or ethnically offensive or hateful, displays pornographic or sexually explicit material of any kind, includes material that exploits people under the age of 18 in a sexual or violent manner or is intended to solicit personal information from anyone under 18, violates these Terms of Use, provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses, solicits passwords or personally-identifying information for commercial or unlawful purposes from other Subscribers, or otherwise violates any federal, state, local or foreign laws or regulations.
Health Disclaimer
This website provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. Sunny Inside, LLC is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
Seek the advice of a medical professional before beginning any weight loss or nutrition management effort or regimen. This website is intended for use only by healthy adult individuals and not intended for use by minors, pregnant women, or individuals with any type of health condition. Such users are specifically warned to seek professional medical advice prior to initiating any form of nutrition management or weight loss effort or regimen. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. This information on this website has not been evaluated by the FDA and is not intended to treat, diagnose, cure or prevent any disease. We cannot and do not give you medical advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product on this site, including but not limited to Eat Sunny meal delivery services or products. Information obtained by using our services is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to ask your physician if Eat Sunny products (meals, snacks) and the information provided on this Website is safe and responsible for you to use. Any modifications to the Eat Sunny program or recommendations made by your physician should be followed. Eat Sunny products are not designed specifically for weight loss or treating specific health or dietary problems.
General Disclaimer
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SUBSCRIBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE OR THE PRODUCTS AND SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO SUBSCRIBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG SUBSCRIBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS OR NUTRITION FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, SUNNY INSIDE, LLC, AND ITS RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to indemnify, hold harmless and, at our option, defend Sunny Inside, LLC, and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
General and Miscellaneous
These Terms of Use and your use of this Site are governed by the laws of the State of New York without giving effect to any choice of law or conflict provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. Any and all disputes, claims or actions arising out of these Terms of Use or your use of this Site or the Service will be exclusively heard in the state or federal courts located in New York City, and you hereby consent and submit to the personal jurisdiction of such courts.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof.