Terms-of-Service - Andrew Sterman

Terms of Service

SECTION 1 - INTRODUCTION

This website (“Platform”) is managed by Andrew Sterman. The terms “we,” “our,” and “us” used throughout the Platform refer to Andrew Sterman. We provide this Platform, encompassing all content, tools, events, products, and functionalities offered (“Offerings”), to you, the user, subject to your agreement to comply with all terms, rules, policies, restrictions, and notices outlined herein, including any additional terms, policies, or conditions linked or referenced within this document (“User Agreement”). By accessing, browsing, or utilizing any part of our Platform, or by making a purchase from us, you engage with our Offerings and agree to adhere to this User Agreement. Please review this User Agreement thoroughly before interacting with our Platform or using any Offerings. If you do not accept all provisions of this User Agreement, you are not permitted to access the Platform or utilize any Offerings. Any failure to comply with this User Agreement may lead to the immediate suspension of your access to the Offerings.

This Platform and its Offerings are designed for adult users. By accessing the Platform and agreeing to this User Agreement, you confirm that you are at least the age of majority in your state or province of residence, and in New York, that you are at least 16 years old. If you are a parent or legal guardian who has permitted a minor to access this Platform, you affirm that you have provided consent for your minor dependents to use the Platform and its Offerings.

SECTION 2 - MODIFICATIONS TO THE USER AGREEMENT

Any new functionalities, services, or features introduced to the existing Platform will also be governed by this User Agreement. We reserve the right to revise, amend, or replace any portion of this User Agreement by publishing updated terms on our Platform. The most current version of the User Agreement is accessible on this page at all times. It is your obligation to periodically review this page for any updates. By continuing to access or use the Platform after updates are posted, you signify your acceptance of those modifications.

SECTION 3 - OUR MATERIALS AND INTELLECTUAL PROPERTY

All content, features, and functionalities available on the Platform are either owned or licensed by Andrew Sterman and are safeguarded by copyright, trademark, and other intellectual property and proprietary rights laws. You are permitted to access the Platform and use the Offerings solely for personal, non-commercial purposes. You agree not to copy, reproduce, store, distribute, display, perform, sell, resell, create derivative works from, or otherwise exploit any part of the Platform or Offerings, or access to or use of the Offerings, without our explicit written consent. Use of any of our trademarks, service marks, trade names, or similar identifiers is prohibited without our prior written approval.

The information provided on this Platform is intended for general informational purposes only and should not be used as the sole basis for decision-making. We reserve the right to alter the Platform’s content at any time, but we are not obligated to ensure that all information is accurate, complete, or up-to-date. Any third-party opinions or statements displayed on the Platform belong to those third parties. Any reliance on the Platform’s content is at your sole risk, and we will not be liable for any consequences arising from such reliance.

SECTION 4 - THIRD-PARTY CONTENT, LINKS, AND SERVICES

Certain content, products, or services accessible through our Platform and Offerings may originate from third parties. For instance, we may offer optional third-party tools, over which we exercise no control or influence. You acknowledge that access to such tools is provided solely for your convenience on an “as is” and “as available” basis, without any warranties, representations, or endorsements from us. Your use of these third-party tools is entirely at your own discretion and risk, and you are responsible for reviewing and agreeing to the terms provided by the respective third-party providers. We bear no liability for any issues arising from your use of these optional third-party tools.

The Platform may include links to external websites not affiliated with us. We do not review or verify the accuracy of content, products, or information on these third-party sites and do not provide any warranties or assume liability for them or their materials, products, or services. We are not responsible for any harm or damages related to your interactions, purchases, or transactions with third-party websites. You should thoroughly review the policies and practices of third-party sites before engaging with them. Any complaints, concerns, or questions about third-party products or services should be directed to the respective third party.

SECTION 5 - USER-GENERATED CONTENT

If the Platform includes features allowing users to post content visible to others, such as comments on discussion boards or forums (“Contributions”), you agree that any Contributions you submit will not infringe on any third-party rights, including copyright, trademark, privacy, publicity, or other proprietary rights. Your Contributions must not contain defamatory, unlawful, abusive, obscene, or harmful material, including computer viruses or malware that could disrupt the Platform or Offerings. You may not use a false identity, impersonate others, or misrepresent the origin of your Contributions. You are solely responsible for the accuracy and content of your Contributions, and we assume no liability for Contributions posted by you or others. We may, but are not required to, monitor, edit, or remove Contributions that we deem, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or in violation of our standards, any third-party intellectual property rights, or this User Agreement.

You retain any intellectual property rights in your Contributions, subject to the following: By submitting or posting Contributions on the Platform or Offerings, you grant Andrew Sterman and our affiliates a non-exclusive, worldwide, perpetual, royalty-free, transferable license, with the right to sublicense, to use, reproduce, distribute, display, transmit, publish, and create derivative works from such Contributions for any purpose, in any medium, without compensation or attribution to you. You agree to submit Contributions only if you have the authority to grant this license.

If you provide specific submissions (e.g., contest entries) at our request, or voluntarily submit creative ideas, suggestions, proposals, or other materials (“Input”), whether online, via email, mail, or otherwise, you agree that we shall own all rights and title to such Input. We may edit, copy, publish, distribute, translate, or use Input in any medium without restriction. We are not obligated to (1) keep Input confidential, (2) compensate you for Input, or (3) respond to any Input provided.

SECTION 6 - RESTRICTED USES OF THE PLATFORM AND OFFERINGS

In addition to other restrictions outlined in this User Agreement, you are prohibited from using the Platform, its content, or the Offerings: (a) for any illegal purpose; (b) to encourage others to engage in unlawful activities; (c) to violate any international, federal, state, or local laws, regulations, or ordinances; (d) to infringe or violate our intellectual property rights or those of others; (e) to harass, abuse, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses, malware, or other harmful code that could disrupt the functionality of the Platform, Offerings, other websites, or the internet, or harm users’ devices; (h) to collect or track others’ personal information; (i) to engage in spamming, phishing, pretexting, crawling, scraping, or repurposing Platform or Offerings content; (j) for any obscene or immoral purpose; or (k) to interfere with or bypass the Platform’s or Offerings’ security measures. We reserve the right to suspend or terminate your access to the Offerings or any related platform for engaging in any prohibited activities.

SECTION 7 - ACCOUNT REGISTRATION AND PERSONAL DATA

To access certain features of the Platform or Offerings, you may need to register or create an account by providing specific personal information. You agree that all information you submit is accurate, current, and complete as a condition of using these features. Your submission of personal data through the Platform is subject to our Privacy Policy, which can be viewed at welcomingfood.com/privacy-policy.

You are responsible for maintaining the confidentiality of your account credentials and not sharing them with third parties. You must promptly notify us of any security breach, including unauthorized access to or use of your username or password. We reserve the right to disable any username or require a password reset for security or other reasons.

SECTION 8 - ONLINE STORE POLICIES

We strive to accurately represent the colors and images of products in our online store, but variations may occur due to differences in computer displays. We do not guarantee that the appearance, quality, or performance of products, Offerings, or other materials purchased through the Platform will meet your expectations. While we aim for accuracy, the Platform or Offerings may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, or availability. We reserve the right to correct such errors upon discovery. Product descriptions and pricing are subject to change at our discretion without prior notice.

We may, at our discretion, limit sales of our products or Offerings to specific individuals, regions, or jurisdictions on a case-by-case basis. You may not use our products for illegal or unauthorized purposes, and you are responsible for ensuring compliance with applicable laws in your jurisdiction. Any product or service offer on the Platform is void where prohibited.

We reserve the right to refuse, cancel, or limit any order at our discretion, including orders placed by dealers, resellers, or distributors, or orders that appear suspicious. We may restrict quantities purchased per person, household, or order, including those using the same account, credit card, or billing/shipping address. If we modify or cancel an order, we may attempt to notify you using the contact information provided at the time of purchase. You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions in our online store and to promptly update any changes to ensure smooth processing and communication.

SECTION 9 - NO WARRANTIES; LIMITATION OF LIABILITY

Unless explicitly stated otherwise, the Platform, Offerings, and all products or services provided through them are offered “as is” and “as available” without any express or implied warranties or conditions. Andrew Sterman disclaims all implied warranties, including those of merchantability, fitness for a specific purpose, durability, title, and non-infringement. We do not guarantee that the Platform or Offerings will be uninterrupted, timely, fully secure, or free of errors. The Platform or Offerings may occasionally be unavailable for maintenance or other reasons without prior notice.

Andrew Sterman, including our directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors, shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, revenue, savings, data, or replacement costs, arising from your use of the Platform, Offerings, or products, whether based on contract, tort (including negligence), strict liability, or otherwise. This includes any errors, omissions, or damages resulting from content or products made available through the Platform or Offerings, even if we are advised of the possibility of such damages. Our total liability related to your use of the Platform, Offerings, or products shall not exceed the greater of the amount you paid for such products or Offerings. In jurisdictions where exclusions or limitations of liability for consequential or incidental damages, or for gross negligence or willful misconduct, are not permitted, our liability is limited to the maximum extent allowed by law.

SECTION 10 - INDEMNITY

SECTION 11 - TERMINATION OF AGREEMENT

This User Agreement remains in effect until terminated by you or us. You may terminate this agreement by notifying us that you no longer wish to use our Offerings or by ceasing to access the Platform. We may terminate this User Agreement and your access to the Platform and Offerings at our discretion, without prior notice, if we believe or suspect you have violated any provision of this User Agreement. Any obligations or liabilities, including payment obligations, incurred before termination will survive the termination of this User Agreement.

SECTION 12 - COMPLETE AGREEMENT

SECTION 13 - GOVERNING LAW, WAIVER, INTERPRETATION, AND SEVERABILITY

This User Agreement shall be governed by and interpreted in accordance with the laws of the State of New York. Our failure to enforce any right or provision of this User Agreement does not constitute a waiver of that right or provision. Headings in this agreement are for convenience only and do not affect its terms. Any ambiguity in this User Agreement will not be interpreted against the drafting party. If any provision is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the validity of the remaining provisions.

SECTION 14 - HEALTH AND NUTRITIONAL ADVICE DISCLAIMER

The Platform may provide recipes, dietary suggestions, nutritional information, or other food-related content (“Food Content”) for general informational and educational purposes only. All Food Content, including but not limited to recipes, text, images, and related materials, is owned by Andrew Sterman or our licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Food Content solely for your personal, non-commercial use. You are expressly prohibited from reproducing, distributing, publishing, modifying, creating derivative works from, or claiming ownership of any Food Content, including recipes, as your own without our prior written permission. Unauthorized use or reproduction of our Food Content may result in legal action to protect our intellectual property rights.

The Food Content is not intended to serve as medical, health, or nutritional advice and should not be considered a substitute for professional guidance from a qualified healthcare provider, dietitian, or nutritionist. Andrew Sterman is not a licensed medical or nutritional professional, and the Food Content is not tailored to your individual health needs, dietary restrictions, allergies, or medical conditions.

Before following any recipes, dietary advice, or nutritional suggestions on the Platform, you must consult a healthcare professional to ensure they are safe and suitable for you, particularly if you have food allergies, intolerances, medical conditions, or are pregnant, nursing, or taking medications. You assume full responsibility for any risks, adverse reactions, or consequences resulting from your use of or reliance on the Food Content, including but not limited to allergic reactions, foodborne illnesses, or nutritional imbalances. We strive to ensure the Food Content is accurate and reliable but do not guarantee its accuracy, completeness, safety, or suitability for any individual or purpose. Recipes and nutritional information may contain errors or omissions, and ingredient availability or preparation methods may vary. Andrew Sterman, including our directors, employees, affiliates, agents, or suppliers, shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to personal injury, illness, or death, arising from your use of or reliance on the Food Content, even if advised of the possibility of such damages. In jurisdictions where limitations on liability for personal injury or gross negligence are restricted, our liability is limited to the maximum extent permitted by law.

By using the Platform, you agree to release and hold harmless Andrew Sterman from any claims or liabilities related to your use of the Food Content. If you share Food Content with others, you are responsible for ensuring they are aware of this disclaimer, the associated risks, and the prohibition against reproducing or claiming ownership of the Food Content.