1. Friend Leaf Accounts
The Friend Leaf Website is an e-commerce website that allows users to view educational and information webpages and purchase products.
Although the Website may be viewed simply by visiting the site, when completing a purchase on the Website, the user is presented with the option to create a Friend Leaf account. When you create an account with Friend Leaf, you will be required to provide Friend Leaf with the following information: your name, email address, billing and shipping address, phone number, and a username and password. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your account and/or user name, whether or not authorized by you. You must notify Friend Leaf immediately of any breach of security or unauthorized use of your account. Although Friend Leaf will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Friend Leaf or others due to such unauthorized use.
To access the Website or some of the products and resources it has to offer, you may be asked to provide certain personal information or other details for registration or order purposes. It is a condition of your use of this site that all the information you provide to Friend Leaf be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Website.
You must be eighteen (18) years old to use this Website, including to purchase goods or services on the Website. If you are under eighteen (18) years of age, you are not permitted to access this Website for any reason. By using, accessing or viewing this Website (and agreeing to the Terms and Conditions), you warrant and represent that you are at least eighteen (18) years of age. Friend Leaf does not encourage, solicit or permit the use of the Website by visitors known to be under the age of eighteen (18).
Parents and legal guardians are strongly encouraged to monitor the Internet activity of children under the age of eighteen (18). Parents and legal guardians may also wish to obtain commercially available parental control protections (such as computer hardware, downloadable software or filtering services) that may assist in limiting access to material that is harmful to minors.
3. General Use of Friend Leaf – Permissions and Restrictions
By using the Website you agree to the following:
You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (as defined below), without Friend Leaf's express written authorization.
You agree not to access User Submissions or other Friend Leaf Content (as defined below) through any technology or means other than the webpages of the Website itself or other explicitly authorized means Friend Leaf may designate.
You agree not to use the Website, for any prohibited commercial purpose, including, without limitation:
use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the Website or any third-party service, targeted to the content of specific User Submissions or Friend Leaf Content; without the prior written authorization of Friend Leaf.
Additional Use Restrictions:
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Friend Leaf servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Friend Leaf grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Friend Leaf reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial or personal solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
5. User Submissions
As a Friend Leaf account holder, you may submit video, graphic and textual content (each a “User Submission”) in the manner provided on Friend Leaf. You retain sole and exclusive ownership of each User Submission, and shall be solely responsible for the nature of its content and the consequences of posting or publishing it. Users Submissions shall be deemed public information and not subject to any confidentiality obligation on the part of Friend Leaf.
YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT (I) IS DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT OR OBJECTIONABLE, OR (II) OTHERWISE INFRINGES UPON ANOTHER’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS UNDER THE LAWS PERTAINING TO COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY AND/OR PUBLICITY.
While you retain all ownership rights in and to your User Submissions, by using the Website, you grant Friend Leaf a non-exclusive, universe-wide, perpetual, royalty-free, sublicensable, and transferrable license to use, distribute, reproduce, prepare derivative works of, display, and perform all User Submissions in any manner so desired by Friend Leaf, including without limitation for promoting and redistributing part or all of the Website(and derivative works thereof), in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
Friend Leaf is not responsible or liable to any third party for the content or accuracy of any User Submission posted by you or any other user of this Website.
6. DMCA Notice and Takedown Provisions
A. If you are a copyright owner or an agent thereof and believe that any content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Friend Leaf’s Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further information):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Friend Leaf's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Friend Leaf, 572 Grand Street, G1805, New York, NY 10002; email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Friend Leaf customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(A), your DMCA notice may not be valid.
7. Account Termination Policy
You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding. Any cause of action between Friend Leaf and the user must commence within one (1) year after the cause of action accrues, otherwise the cause of action is permanently barred.
You hereby agree to defend, indemnify and hold harmless, Friend Leaf, its parent, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the Website;
your use of any products purchased on the Website;
your violation of any third party rights, including without limitation any copyright, property, or privacy right; or any claim that any of your User Submissions or other use of the Website caused damage to the third party.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, FRIEND LEAF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE USER’S USE THEREOF. FRIEND LEAF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO IT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
FRIEND LEAF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FRIEND LEAF WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability
IN NO EVENT SHALL FRIEND LEAF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE USER SPECIFICALLY ACKNOWLEDGES THAT FRIEND LEAF SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
Website and Medical Information Disclaimer
This Website contains general information and content about diet, health and nutrition. This information and content are not advice and should not be treated as such. The content of this Website is for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition. The general information and content on this Website are provided “As-Is” without any representations or warranties of any kind, express or implied. Friend Leaf makes no representations or warranties whatsoever in relation to any health information on this website.
Food and Drug Administration (FDA) Disclosure
Statements on this Website have not been evaluated by the Food and Drug Administration. All products sold on the Website are not intended to diagnose, treat, cure, or prevent any disease.