Last updated May 9, 2019
Please read these Terms carefully before using the Site.
1. BASIC TERMS
Use of Site: To use the Site, you represent that: (a) you are age of majority; (b) you agree to these Terms; (c) you have the legal right and capacity to enter in to this Agreement in your jurisdiction; (d) you have not been previously banned by us from using the Site; and (e) you will not impersonate or misrepresent your identity or affiliation with another person or entity.
You will need compatible hardware, software and Internet access. You are responsible for paying any fees to connect to the Internet and app stores or for data or mobile usage to download and use the Site.
Termination: We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Agreement. You may stop using the Site at any time. Upon termination, you continue to be bound by Sections 4, 5, 7 and 8.
2. WHAT YOU CAN DO WITH THE SITE
License: Subject to your continued compliance with the terms and conditions of these Terms, The Recipe Well provides you with a revocable, limited, non-exclusive, royalty-free, non-sub-licensable and non-transferable license to use the Site for your personal, non-commercial use. This license is revocable at any time without notice and without cause, at our discretion.
Featuring one of our blog posts on your site: If you would like to feature a post from our Web Site, you can include one picture with a conspicuous link back to the page on the Web Site with the featured post. Do not share the vertical length Pinterest photo, please crop this in your round-up image or include a separate photo.
3. WHAT YOU CAN’T DO WITH THE SITE
You can make our recipes but do not copy the blog posts for your own website:
This license does not permit and does not include permission for: (i) downloading (except for components required for site viewing purposes), modifying, translating, disassembling, reproducing, copying, distributing, transmitting or displaying Site content in any way, form or through any medium; (ii) republishing or re-broadcasting the Site or its contents; (iii) reselling or using any portion of this Site or its contents (including any type of product information), including for commercial purposes, without the explicit written permission or authorization of Laura Lawless. This means you cannot copy or reproduce our blog posts on your own website or blog.
No bots, spiders, etc: You may not use spiders, crawlers, robots, data mining or data collection techniques or other automated devices or programs to catalog, download, extract or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You will not otherwise attempt to derive the source code for the Site or any related technology or any part thereof.
No disrupting the Site: You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without our prior written consent.
No breaking the law: You may not use the Site for any illegal or unauthorized purpose and you agree to comply with all applicable laws and regulations, including without limitation, privacy laws, intellectual property laws and anti-spam laws.
No unauthorized use of personal photos: We have shared family photos on this Web Site so you can get to know us. As you can understand, these are personal photos so we ask that you do not copy, share or otherwise reproduce these pictures without our permission.
4. INTELLECTUAL PROPERTY AND THE RECIPE WELL CONTENT
We own the content: The Site and all contents, including but not limited to recipes, instructions, text, images, scripts, graphics or code are the property of The Recipe Well or its licensors (the “The Recipe Well Content”) and are protected by copyright, trademarks, database and other intellectual property rights. Some materials on the Site belong to third parties who have authorized Company to display the materials, such as certain third party licensors.
No license granted: These Terms do not grant you a license to use any trademark of The Recipe Well. You will not remove, alter or conceal any copyright, trademark, Site mark or other proprietary rights notices incorporated in or accompanying The Recipe Well Content or circumvent any technological protection measures that are used on the Site to restrict access to and/or use of the Site, in whole or part and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit The Recipe Well Content.
All rights not granted under these Terms and Conditions are reserved by us.
5. POSTING COMMENTS AND GUIDELINES
You may post comments: We may allow users to leave comments or posts regarding specific content available on our Site. You are responsible for what you post or contribute to the Site, including its legality, reliability, and appropriateness.
We do not guarantee any confidentiality with respect to any comments you post. The views which are expressed in the comments areas are not our views or opinions, nor the views or opinions of any of our staff or our related entities. We accept no liability in respect of any material posted in the comments areas, nor are we responsible for the content and accuracy of that material.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Site. We assume no responsibility for the deletion of or failure to store any comments and we recommend that you do not post, display, or transmit any confidential or sensitive information.
Follow our community guidelines: We are happy for our users to post comments; however, we ask that you please help us ensure the Site is a safe and welcoming space. You can do that by ensuring all content you post is appropriate, tasteful, useful, virus-free, reliable and in accordance with applicable laws (including copyright and other intellectual property laws).
Violations may result in your access being terminated. Violations may result in termination of your access to the site. Our determination of whether a violation of this Policy has occurred will be final and binding, and any action taken with respect to enforcing this Policy, including taking no action at all, will be at our sole discretion.
We may moderate content: We retain the right (but not the obligation) to moderate comments to ensure they comply with the guidelines herein. If we determine a comment does not comply, it will not be published. If you have a complaint about a comment that has been published, or you would like your own comment deleted, please use our Contact form to let us know.
You grant us a license to use your comments: You grant us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sublicensable licence to use, copy, host, store, modify, perform, display, reproduce, publish, translate, create derivative works from, transmit, distribute, publicly perform and publicly display such Content (in whole or in part) on and through the Site and/or to incorporate them into other works in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in such content or information. You will not receive any compensation for this license.
You also hereby grant each user of the Site a non-exclusive license to access your comments through the Site, and to use, reproduce, distribute and display such content as permitted through the functionality of the Site and under these Terms.
The above licenses granted by you in your comments you submit are perpetual and irrevocable.
6. THIRD PARTY AFFILIATIONS AND CONTENT
Sponsored Posts: We will sometimes partner with companies to feature their product or Site on our Web Site. We will always identify and disclose when these are sponsored posts.
Affiliates: We are a member of several affiliate marketing programs. We only link to goods & Sites that we believe in.
If you click on any of the affiliate links and make a purchase within a certain time frame, we may earn a small commission. The commission is paid by the third parties, not by you.
No ideas accepted: While we love your creativity, we do not accept any unsolicited ideas from outside The Recipe Well including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Sites, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us and you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and Sites using such information.
Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for us to utilize your submission, you hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Links to other websites: The Site may contain links to third-party web sites or Sites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or Sites. You further acknowledge and agree that we shall not be 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 Sites available on or through any such websites or Sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Sites that you visit.
7. SITE AVAILABILITY, DISCLAIMER, INDEMNIFICATION AND LIMITATION OF LIABILITY
Site Availability: Although The Recipe Well intends for the Site to be available as much as possible, there will be occasions when the Site is interrupted, including, without limitation, for scheduled maintenance or upgrades, emergency repairs or due to failure of telecommunication links and/or equipment.
DISCLAIMER – PLEASE READ CAREFULLY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR DOWNLOADING AND USE OF THE SITES AND ANYTHING OBTAINED THROUGH THE SITES IS AT YOUR SOLE RISK AND YOU ASSUME RESPONSIBILITY FOR ANY CHILDREN OR OTHERS WITH WHOM YOU COOK. THE SITES, INCLUDING, WITHOUT LIMITATION, THE RECIPE WELL CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE RECIPE WELL NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, SITE PROVIDERS OR AGENTS (COLLECTIVELY, “THE RECIPE WELL PARTIES”) MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE RECIPE WELL CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE RECIPE WELL OR VIA THE SITES. IN ADDITION, THE RECIPE WELL PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE GIVEN BY THE RECIPE WELL PARTIES OR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE SITE IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
YOUR USE OF THE SITE, ANYTHING OBTAINED THROUGH THE SITE, IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE’S OPERATING SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE RECIPE WELL PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT AND THE RELIANCE, DETRIMENTAL OR OTHERWISE, UPON SAME.
You agree to defend, indemnify and hold The Recipe Well Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Sites or those conducted on your behalf): (a) your access to or use of the Sites; (b) your breach or alleged breach of this Agreement; (c) your Postings, your feedback, or access to or use of the Site; (d) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (f) any misrepresentation made by you.
You will cooperate as fully required by The Recipe Well in the defense of any claim. The Recipe Well reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Recipe Well.
This website is written and produced for informational purposes only. This website is not intended to diagnose, treat, cure or prevent any disease. Content should not be considered a substitute for professional medical expertise or treatment.
The reader assumes full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program. The Recipe Well is not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or suggestions herein or procedures undertaken hereafter.
The Recipe Well offers nutritional information for recipes contained on this site. This information is provided as a courtesy and should not be considered a guarantee. This website uses WP Recipe Maker to calculate the nutrition information of each recipe.
Although The Recipe Well attempts to provide accurate nutritional information, these figures should be considered estimates. Varying factors such as product types or brands purchased, the way ingredients are processed and how your body processes nutrients can change the effective nutritional information in any given recipe.
In addition, different online calculators provide different results depending on their own nutrition fact sources and algorithms. Under no circumstances will The Recipe Well be responsible for any loss or damage resulting from your reliance on nutritional information.
To obtain the most accurate representation of the nutritional information in a given recipe, you should calculate the nutritional information with the actual ingredients used in your recipe, using your preferred nutrition calculator. You are solely responsible for ensuring that any nutritional information provided is accurate, complete, and useful.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE RECIPE WELL PARTIES BE LIABLE TO YOU OR YOUR CHILDREN UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITES; (B) THE RECIPE WELL CONTENT; (C) ANY USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RECIPE WELL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RECIPE WELL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE RECIPE WELL PARTIES BE LIABLE TO YOU, YOUR CHILDREN OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR ANY PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE RECIPE WELL PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE TOTAL AMOUNT YOU PAID TO THE RECIPE WELL IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE RECIPE WELL ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SITES, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RECIPE WELL PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SITES, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RECIPE WELL PARTIES.
THE RECIPE WELL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
8. GENERAL TERMS
No Waiver – If you breach any of this Agreement and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement.
Assignment – You may not assign, sub-license or otherwise transfer any of your rights under the Agreement.
Governing Law – The Agreement is governed by, and interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada without regard to their conflicts of laws provisions. Any dispute relating to these Terms and/or the Site shall be resolved in the Ontario Superior Court of Justice, sitting in Toronto Ontario, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with the Site and/or these Terms, will be resolved individually, without resort to any form of class action.
Entire Agreement and Severability – The Agreement constitutes the entire agreement between us regarding our Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site. If any provision of the Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of the Agreement will remain in effect.
Survival – The provisions concerning proprietary and intellectual property rights, user obligations, Content or submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of this Terms for any reason.
Contact – If you have any questions about these Terms or the Agreement, please contact us.
Last updated: May 9, 2019