Welcome to ToriAvey.com. We’re happy that you’re here and we hope you enjoy the website! The following describes the terms on which Tori Avey, LLC offers you access to our website, ToriAvey.com.
ToriAvey.com (the “Website,” the “Site,” or “ToriAvey.com”) is owned and operated by Tori Avey, LLC (the “Company”, “us” or “we”). This Terms of Services Agreement (this “Agreement”) constitutes an agreement for the access and use by any person (“user” or “you”) of the Site and all Content. The term “Content” includes, without limitation, information, recipes, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available through or in connection with the Site.
By accessing or using THE SITE, ToriAvey.com, you are entering into this Agreement. You should read this Agreement carefully before using THE SITE. If you do not agree to be bound by any term of this Agreement, you must stop using the Site.
Age Eligibility and Legal Capacity
By accessing or using the Site or Content, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Site or the Content; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Site or the Content.
Links to Other Websites
We may periodically provide links to other websites or resources, but this shall not imply any relationship or connection to the other site, its operator and any of its affiliates. Because we have no control over such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. 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 the use of or reliance on any such content, goods or services available on or through any such websites and resources, or as the result of the presence of such websites and resources, including marketing partners, on the Site or located through use of the Site.
Use of the Website Generally
You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs.
You must not hack the Site or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
You may link the home page of the Site to any website you own or control provided it is not commercially competitive with the Site and does not criticize or otherwise injure us and is in compliance will all applicable laws and intellectual property and other legal rights. Such a link is not an endorsement of any other website(s) by us. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with us or the Site. You understand and agree that you download or otherwise obtain material or data through the use of the Site at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
You must not use, copy, collect, reproduce, alter, distribute, create derivative works based upon, publish, sell, publicly display or otherwise exploit any information or content displayed on the Site for any commercial purposes or to the extent that such action(s) would constitute copyright infringement, injure or otherwise violate the intellectual property or proprietary rights of the Site or any other third party, except with the prior written consent of the Site or the appropriate third party. In some instances, we may allow you to download or print content from the Site. In such instances you may download or print such content for your personal, non-commercial use only. By doing so, you acknowledge that you do not acquire any ownership rights.
You may not harass any user or post any unlawful, harmful, threatening, abusive, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, or hateful material of any kind on, or in connection with, the Site.
In accessing the Site, you agree to indemnify and hold us and our members, managers, officers, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of the Site, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a visitor to this Site.
You agree to immediately notify us of any unauthorized or improper use of the Site or any other known or suspected breach of security. You agree to fully cooperate with us to investigate any suspected or unusual activity that is in breach of this Agreement.
We display nutritional information on our recipes through a nutritional calculator that is built in to the Site, as part of a preexisting software (known as a “plugin”). This information should be considered an estimate; different nutrition calculators may give you different results. If you want more accurate numbers, we encourage you to see the advice of a registered dietician or nutritionist. Questions about serving size and nutritional content are best addressed with a physician or nutritionist; the information on the Site is offered as-is, and should not be considered medical advice. You are fully responsible for consulting a doctor before trying anything new, or when starting a new diet. We are not responsible for any health issues that may arise due to a recipe, idea or suggestion listed on the Site.
We also use a metric conversion system which is automatically calculated through the recipe card plugin, as well as a calculator that can automatically change the number of servings. The numbers shown should be considered estimates, as conversions may vary based on which calculation tool you use. Metric conversions and changes to the number of servings (resulting in different ingredient amounts) will only appear in the ingredient list, and are not changed within the step-by-step directions of the recipe.
Consent to Receive Notices via Electronic Communications
You consent to receive communications from us by email in accordance with this Agreement and applicable law. Any notices, requests, disclosures, or other communications that we provide to you electronically shall constitute delivery of written notice, request, disclosure, or other communication to you for purposes of any legal requirement that such notice, request, disclosure or other communication be provided to you in writing.
Reservation of Rights and Disclaimers
We reserve the right at any time to remove, modify or discontinue, temporarily or permanently, any Content or portion of the Site for any reason with or without notice. We shall not be liable to you or any third party for any modification, suspension or termination of the site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete, any of the Content you provide.
We reserve the right to suspend, terminate or refuse your use of the Site at any time for any reason. We additionally reserve the right to establish and periodically change general practices and limits concerning the use of the Site.
We reserve the right to send you certain communications; such as service announcements and newsletters, or anything we deem to be beneficial or helpful to your use of the Site. You shall be offered the ability to opt-out or unsubscribe to such communications.
THE SITE is provided to you “as is” and on an “as available” basis. You may not rely on any information and opinions expressed on THE SITE for any purpose. It is your responsibility at all times to evaluate the accuracy, timeliness, safety, completeness or usefulness of any Content on the site. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Content. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of the Site. We disclaim any warranties for any information or advice obtained through the Site. We disclaim any warranties for services or goods received through or advertised on the Site or received through any links provided by the Site, as well as for any information or advice received through any links provided through the Site. In addition, no advice or information (written or oral) obtained by you from us shall create any warranty.
You specifically acknowledge that we, our subsidiaries, affiliates, suppliers, advertisers, third party service providers and any third parties appearing on THE SITE at the invitation of THE SITE shall not be responsible to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages, personal injury or wrongful death arising out of the information supplied or expressed on THE SITE for any purpose.
We do not endorse or warrant any health-related statements found on THE SITE or any third-party websites accessed through THE SITE. In no event shall we be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or in connection with THE SITE or this Agreement or the inability to use the Site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the Site.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.
Intellectual Property and Proprietary Rights
You acknowledge that the Site and all the Content, including any derivative works and confidential or proprietary information, is protected by copyrights, trademarks, service marks, patents, trade secrets, proprietary rights and other intellectual properties owned by the Company, its affiliates and other parties that have licensed their material to the Company. Any use or display of the Site and/or any of the Content in any manner other than what is expressly permitted by this Agreement and other applicable laws is strictly prohibited without our written permission or the permission of the appropriate intellectual property owner. Except for the limited use that is granted to you in this Agreement, you do not acquire any right, title or interest in the Site or any of the Content. Any rights not expressly granted in this Agreement are expressly reserved.
Subject to the terms and conditions of this Agreement, including, without limitation, the foregoing paragraph, you are hereby granted a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the information provided by us as is needed for your own internal, non-commercial, non-public use in order for you to obtain information presented on or through the Site. Any access or use of any information or content available on the Site, including, but not limited to, recipes, photographs or any other displayed material, in any manner whatsoever for any purpose other than what is expressly permitted by this license is prohibited without the prior written consent of the Company.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to the Site. We will promptly respond to any claims of copyright infringement.
If you provide us any feedback or suggestions for improving the Site or any Content (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right, but are under no obligation, to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us or the Site any information or ideas that you consider to be confidential or proprietary.
Terms for Paid Memberships
We may make certain products, features and services available for purchase on or through the Site, including, without limitation, memberships and/or subscriptions (“Memberships”). We reserve the right to modify the content, type and availability of any Membership at any time. Additionally, we reserve the right to change or terminate any offered subscriptions or promotions at any time. For details about your purchases of Memberships, including payment methods and billing cycles, email us at email@example.com or login to your user account for the relevant Membership if you have created one. In addition to all other terms and conditions of this Agreement, the following terms and conditions apply to the Memberships.
- Account and Credentials. To utilize the Membership, you will need to create a user account. You are responsible for maintaining the confidentiality of your username, password, and other credentials (your “Credentials”) that you create to access the Membership. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify us of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement
- Electronic Communications. We may send you information relating to the Membership (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Auto-Renewing Subscription. Monthly, quarterly, and annual subscriptions to a Membership automatically renew each month, quarter, or 12-month period, as the case may be, at the rate then in effect. [You will receive an auto-renewal reminder notice with the then-current rate [*] days prior to charging your credit/debit card or third-party payment account for a monthly, quarterly, or annual Membership.]You may opt out of the automatic renewal at any time by contacting customer service at [*]@toriavey.com and your monthly or quarterly Membership will continue until the end of the then current month or quarter, whichever is applicable.
- Billing. By placing an order for a Membership, you authorize us to charge you the subscription fee then in effect at the beginning of each billing period, as well as any applicable taxes and transaction fees. We reserve the right to change the timing of our billing, in particular, in the event your payment method has not successfully settled. If your payment method is declined for a recurring payment of your subscription fee, you must provide us a new payment method promptly or your Membership may be canceled.
- Price Changes. We reserve the right to change subscription fees for Memberships at any time. We will notify you of any changes if the regular fee for your Membership changes from what was stated at the time of your initial order. You will have an opportunity to cancel your Membership. If you do not cancel your Membership, you will be charged the new subscription fee at your next billing period.
- Cancellations. When you cancel a Membership, you cancel only future charges associated with your Membership. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.
- Refunds. Except as may otherwise be provided for in this Agreement, we reserve the right to issue refunds or credits for Memberships in our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
“User Content” means any and all content that a user submits to us, or publishes on or in connection with the Site or a Membership, except any Feedback, and includes, but is not limited to, comments, opinions, statements, photos, audio, video, messages, text, files, or other content provided to us or other users. User Content includes unsolicited and invited submissions.
You are solely responsible for your User Content, including any User Content that makes you or any third party personally identifiable. You are prohibited from posting on, or transmitting through, the Site or Membership any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, or hateful material of any kind. We reserve the right, but are under no obligation, to remove any User Content at any time and for any or no reason.
If you post User Content, you represent and warrant that: (a) if you post or submit any materials or personally-identifying information on or through the Site or a Membership, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on or through the Site or a Membership that may be necessary for their use as contemplated by the Site or the Membership, (c) the comments, materials or content you post or submit does not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate this Agreement.
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Ultimately, we do not control, and are not responsible for, User Content. We cannot verify the accuracy of User Content and we do not guaranty that User Content has been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with this Agreement. Your interactions with other users of the Site or any Content or Membership are solely between you and such user. If there is a dispute between you and any user of the Site, any Content, or Membership, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content and we have no obligation to monitor or delete any such User Content.
YOU ACKNOWLEDGE THAT WE DO NOT ENDORSE, EVALUATE, OR PROVIDE ANY GUARANTEE WITH RESPECT TO, USER CONTENT. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO USER CONTENT.
You agree that we may use User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other user-generated submission, including, without limitation, publication on social media, as well as your name and any stories you provide us, in articles or other features published on the Site or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. You further agree we can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication on the Site, advertising or sponsored content.
From time to time, we may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit through the Site, through email, or through forums or online communities in connection with Memberships offered through the Site.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes infringement on the Site, please provide the information below.
To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider 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.
- 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.
- 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.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, employees, Members, officers, agents, directors and its third-party service providers, and their respective directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of this Agreement; (b) your activities in connection with the Site or any services related to the Site (including a Membership); and/or (c) Communications and disputes between you and any other Site user or third party (including any third-party website or third-party vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval. These obligations will survive any termination of your relationship with us or your use of our Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, AND BUSINESS PARTNERS, OR THE SITE’S CONTRIBUTORS, BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY INCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE; OR (E) FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE SITE OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY ACCESS TO OR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THE SITE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SITE.
Claim Limitations Period
You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site or this Agreement must be filed within six (6) months after such claim or cause of action arose, or is forever barred.
This Agreement and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of laws provisions. If you breach or threaten to breach any provision of this Agreement, you understand and agree that money damages would not be an adequate remedy for any breach of this Agreement and that the Company shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of this Agreement, and shall be available to the Company without requirement that it post any bond or prove any actual damages.
Dispute Resolution (Arbitration Clause and Class Action Waiver)
You agree that, except for any claim of infringement or misappropriation of another’s initial property rights, any dispute or claim related to, arising out of, or from or through this Agreement will be settled by arbitration. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in Los Angeles, California. The arbitration will be conducted by one arbitrator member of JAMS, and under the rules of commercial arbitration of JAMS or as agreed between you and the Company. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information, you may contact www.jamsadr.com.
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, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Use Outside of the United States
We expressly disclaim any representation or warranty that the Site or Content complies with all applicable laws and regulations outside of the United States. If you use the Site or any Content outside of the United States, you acknowledge and agree that you are responsible for ensuring you’re your use of the Site and Content is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of this Agreement, such that the remainder of this Agreement shall continue in full force and effect.
Updates and Changes
We reserve the right to update this Agreement at any time, at which time we will also update the revision date below. Any updated version will supersede all of its preceding versions. Continued use of ToriAvey.com means that you accept and agree to all changes to the terms of this Agreement.
This Terms of Service Agreement was last updated on January 28, 2021.