Last Modified: October 16, 2017
Welcome to www.prepear.com (the “Website”). Super Healthy Kids, Inc. operates the Website and is referred to in these Terms as “Prepear”, “we”, “ our”, or “us.”
The Website is offered and available to users who are 18 years of age or older. If you are not 18 years old or older, please do not use the Website.
Changes to the Terms
To keep up with changing laws, our business, and the needs of our users, we need the ability to change these Terms, so we may change them when and as we feel they need to be updated. All changes are effective immediately when we post them, and apply to your use of the Website when we change them. This means that if you keep using the Website after we change the Terms, you accept and agree to the changes. We encourage you to check these Terms often for updates.
Accessing the Website
We are allowed to remove or change this Website, and any service or material we provide on the Website, as we want without telling you. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that any users who access the Website through your internet connection are aware of these Terms and comply with them.
Accounts and Account Security
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must protect it, keep it secret, and not disclose it to any other person. But remember, your account is just for you and you should not provide any other person with access to this Website or any part of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Also, after browsing our Website, you must exit from your account. You should be careful when accessing your account from a public or shared computer, like a computer at a public library, so that other people are not able to view your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
If you create an account on the Website, then you agree to the following:
- To provide complete and accurate information to create your account and to keep your account information up-to-date.
- To choose a user name and password for your account. You understand that it is your responsibility to choose a user name and password and to maintain the confidentiality of these. If you share your login information with anyone it may jeopardize the security of your account. You agree to notify Prepear if you become aware that your information or account has been used without your consent. To do so, please contact us at firstname.lastname@example.org.
- That you may not use and we may not be able to grant you a user name that belongs to or is already being used by someone else or that is offensive in our sole discretion.
- Not to impersonate any other person, thing or entity through your user name.
- Not to access anyone else’s account without that person’s permission.
- Not to use the Website if you are less than 18 years of age.
- That Prepear may temporarily or permanently discontinue providing the Site or the Services at any time and that as a result you may be prevented from accessing the Website, and your account.
- To be solely responsible for all activities that occur under your account.
- That you are solely responsible for backing up your account and all content and User Contributions stored through the Website.
- That any hardware and software required to use the Website is your responsibility.
We may suspend or terminate your account if we believe you have violated these Terms or otherwise if we deem it necessary.
Intellectual Property Rights
Our materials and intellectual property are really important to us, and we want to protect them. The Website and all of its content, features and functionality (like software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“ Content”), are owned by Prepear (or its licensors or other providers of such material) and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Prepear grants you a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to and conditioned on your continued compliance with these Terms. This license is granted solely to allow you to visit and display the Website and to use the services we provide through the Website as permitted by these Terms. You may not commercially exploit the Website. You also can’t reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as authorized by the Terms. No right, title or interest in or to the Website or any Content is transferred to you, and we reserve all rights not expressly granted.
As a friendly reminder, PREPEAR, the Prepear name and all related names, logos, product and service names, designs and slogans are ours (or our affiliates or licensors). You can’t use our trademarks without our prior written permission. Any other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. Please respect the rights of those parties and do not use their marks without permission either.
Things You Can’t Do
You may use the Website only for lawful purposes and in accordance with these Terms. You aren’t allowed 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).
- Use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
- Use the Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below in these Terms.
- Use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Impersonate or attempt to impersonate Prepear, a Prepear employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic or manual device, process or means to access the Website for any purpose, including monitoring, copying or scraping any of the material or information on the Website.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Prepear allows you to post comments, recipes, images, materials and other information and content. Anything that you post on or through the Website is referred to as “ User Contributions.”
All User Contributions must comply with the Content Standards set out below in these Terms. Any User Contributions you post to the site will be considered non-confidential and non-proprietary. You represent, warrant, and covenant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees; and (ii) your User Contributions comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Prepear, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Prepear does not endorse any User Contributions submitted to the Website by any user, or any opinion, recommendation, or advice expressed by any other user, and Prepear expressly disclaims any and all liability in connection with User Contributions.
How Prepear and other users can use your User Contributions
To operate the Website, we need to be able to do various things with your User Contributions. So, by providing any User Contributions on or through the Website, you grant us and our licensees the perpetual, non-exclusive, sublicensable, transferrable, worldwide, irrevocable and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, disclose to third parties, commercialize and create derivative works from all User Contributions for any purpose.
We have the right to, but aren’t required to, monitor and edit or remove any User Contributions. We don’t take responsibility or assume liability for any User Contributions. Keep in mind that our Website has a lot of activity, so it’s difficult to keep up with everything that our users do on the Website.
How long we keep your content
We hope your account stays active with our Website forever; however, after termination or deactivation of your account, or if you remove any User Contributions from Prepear, we may keep your User Contributions for many different reasons (such as backup, archival, audit, or other purposes) or we may delete your content. Furthermore, Prepear and its users may retain and continue to use or do other things with your User Contributions like store, display, reproduce, share, re-post, modify, create derivative works, perform, and distribute any of your User Contributions that other users have stored or shared through Prepear.
Monitoring and Enforcement; Termination
Sometimes the law, the government and third parties require or ask us to do certain things. We may (i) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, publicity rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement and third parties, for any illegal or unauthorized use of the Website or other legal violations or suspected violations; and (iii) terminate or suspend your access to all or part of the Website for any reason.
We have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
We do not undertake to review any material before it is posted on the Website. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for providing information in response to requests and orders, or for terminating your account or access to the Website.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote or include sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the contractual rights of any third party or terms of any other service provider.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright and Trademark Infringement
Prepear takes claims of infringement seriously. We will respond to notices of alleged infringement that comply with applicable law and that provide sufficient information. Please note, however, that we are not a court and are unable to resolve disputes regarding the users of the Website.
If you believe any materials accessible on the Website infringe your copyright, you may request removal of those materials from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“ DMCA ”), the written notice must include substantially the following:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Website;
- An address, telephone number and email address where you can be contacted;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
If you receive a copyright notice from us that you believe is incorrect, then you may send a counter notice to our Designated Agent. After receiving a counter notice, we may reinstate the content in question under Sections 512(g)(2) and (3) of the Copyright Act. A counter notice must include:
- A physical or electronic signature of the alleged infringer;
- A description of the material that was removed or to which access was disabled;
- A description of the location where the allegedly infringing work was located on the Website before it was removed or access was disabled;
- A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or that access was denied as a result of a mistake or misidentification;
- The alleged infringer’s name, address and telephone number; and
- A statement that the alleged infringer consents to the jurisdiction of the federal court with jurisdiction over the address provided by the alleged infringer, or if the alleged infringer is outside of the United States, then that the alleged infringer consents to jurisdiction in Salt Lake City, Utah and will accept service of process from the party who is alleging the infringement.
If you fail to comply with all of the requirements of the DMCA for a notice or counter notice, then such notice may not be effective.
Our Designated Agent can be reached at:
Attn: Prepear Designated Agent
Stoel Rives LLP
201 South Main Street, Suite 1100
Salt Lake City, Utah 84111
Prepear will investigate allegations of infringement for registered trademarks that are brought to its attention. Please keep in mind, however, that trademark rights are fact specific as to territory and scope of use. If you believe that your registered trademark has been infringed on or through the Website, then you may send a notice to our Designated Agent that includes the following:
- Sufficient information to identify the trademark that was allegedly infringed;
- Your ownership rights in such trademark, including the registration number for the mark and the territories in which it is registered;
- A statement of your basis for why your trademark rights have been infringed, including a description of the allegedly infringing trademark and the goods and services on which it is used;
- The location of the allegedly infringing material on the Website;
- Your contact information, including address, telephone number and email address; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the trademark owner or is authorized to act on behalf of the trademark owner.
Other things to note regarding infringement notices
We may provide a copy of any correspondence to the other parties concerned and may also provide it to third parties, including posting any communications in place of the disabled content.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general informational purposes. If you rely on any information on the Website, it’s at your own risk. We don’t have any liability and are not responsible for anything arising from your reliance placed on materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. In addition, please review ourDisclaimer.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Prepear, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Prepear. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
All purchases through the Website, or third party app stores such as the Google Play or Apple App Store, including transactions for the sale of our products or purchase of a paid subscriptions such as Prepear Gold, are governed by our Terms of Sale, which is hereby incorporated into these Terms.
Links from the Website
The Website might contain links to other third party sites, like our blogger friends or a social media network. We only provide these links to you for your convenience. These links might also be contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and don’t accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, this is at your own risk. Once your own those sites, your use of them are subject to the terms and conditions of use for such websites.
We are based in the state of Utah, located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. So it’s important to check the laws of your country. For that reason, if you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Important Note to New Jersey Consumers
There are some special rules for residents of New Jersey. If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in the Section titled Limitations of Liability below, specifically the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in the Section titled Limitations of Liability below, specifically the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in the Section titled Limitations of Liability below, specifically the application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) in the Section titled Indemnification below, specifically the requirement that you indemnify Prepear (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in the Section titled Governing Law and Jurisdiction below, specifically the Utah governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. Prepear MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE CONTENT OF THE WEBSITE (INCLUDING USER COMMENTS), SECURITY OF USER CONTENT, MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Prepear SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE WEBSITE (INCLUDING USER COMMENTS) OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE (INCLUDING USER COMMENTS) WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT (INCLUDING USER COMMENTS).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Prepear, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, USER COMMENTS, OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. Prepear’s total aggregate liability to YOU under THESE TERMS AND IN CONNECTION WITH YOUR USE OF THE WEBSITE is limited to $100.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We participate in various advertising programs with third parties. Such programs allow, among other things, a means for sites to earn advertising fees by advertising and linking.
You agree to defend, indemnify and hold harmless Prepear, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
No Class Actions
YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT ALLOWED.
Waiver of Jury Trial
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE SUBJECT MATTER OF THESE TERMS.
All matters relating to the Website and these Terms will be governed by and construed in accordance with the laws of the State of Utah, excluding Utah conflict of law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR THE WEBSITE IS SALT LAKE COUNTY, UTAH. YOU AND Prepear CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.
If any provision of these Terms is found to be unlawful or unenforceable in any respect, you agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court will fully enforce the resulting Terms.
Use of the terms “including” and “include” mean “without limitation” and indicate non-exclusive lists of items.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to email@example.com.