TabletTree Inc. and its subsidiaries ("TabletWise") operates this website (the "TabletWise Site"), other health, wellness, diet and fitness websites that are part of the TabletTree portfolio of websites (collectively, the "Site", or “Sites”) and the services related to or offered on the Sites (hereinafter, the "Service" or “Services”). Some of the Sites are websites that we may operate on behalf of third party licensors (collectively, "Licensors", such Licensors together with TabletWise, "us" or "we"). TabletWise's Services may include, without limitation, tools, applications, email services, bulletin boards, message boards, chat areas, news groups, forums, communities, calendars, downloadable mobile applications, video streaming services, audio streaming services, and online, or offline courses related to the Site or provided through the Site.
These Terms of Service (“TOS”) govern your use of any of the Sites and Services that are provided by Site. Please read this agreement carefully before accessing or using any of the Sites or Services. Each time you access or use the Sites or Services, you agree to be bound by this TOS. If you do not agree to be bound by all of these TOS, you may not access or use the Sites or Services. In addition, certain areas of the Sites or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas.
We may, at our sole discretion, modify TOS at any time. We will notify you of changes by posting an announcement on the Services or sending you an email or by updating this page. By accessing the Services at any time after such modifications, you are agreeing to be bound by the updated Policy. This TOS was last modified on June 20, 2019.
We reserve the right to refuse to provide the Services to any person for any reason and/or to discontinue the Services in whole or in part at any time, without or with prior notice.
Services offered on Site, in their entirety, are protected by trademark laws, international copyright, and other proprietary rights. The owners of the trademarks and copyrights are Site, its affiliates, and/or other third party licensors including but not limited to class or course creators. YOU MAY NOT COPY, REPRODUCE, MODIFY, REPUBLISH, UPLOAD, POST, DISTRIBUTE, OR TRANSMIT, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING VIDEO CONTENT, TEXT (INCLUDING PDF OR OTHERWISE), GRAPHICS, AUDIO CONTENT, CODE AND/OR SOFTWARE. You may print portions of the material from the different areas of the Services solely for your own non-commercial. You cannot change or delete any copyright or proprietary notices from the materials. You cannot share any materials that you paid for with anyone else who has not purchased a license for that material.
You may not copy or gather any data or content on or related to the Services in a manner not authorized by Site in writing. YOU CANNOT USE ANY ROBOTS, SPIDERS, DATA MINING, EXTRACTION TOOLS, MANUAL PROCESSES, DATA GATHERING TOOLS, SCREEN SCRAPING, DATABASE SCRAPING, TO COLLECT DATA OR CONTENT, LIST OF USERS, PORTIONS OF DATABASE, OR ANY OTHER INFORMATION FROM SITE.
You may not use any framing techniques to enclose any logo, trademarks, or other proprietary information (including images, text, page layout or form) of Site or its affiliates without express written consent. You may not use any other “hidden text” or meta tags that utilize the Site name or trademarks without the express written consent of Site.
Content submitted by users on the Service (including, without limitation, any information submitted on message boards, forums, questions, answers, reviews, or other public areas of the Service) is sometimes referred to in these TOS as “User Content.” All User Content is subject to these TOS, whether or not published on Site.
Site does not guarantee any confidentiality with respect to User Content. You are solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Content, including the right to authorize Site to use the User Content in the manner contemplated by the Service and this TOS.
You hereby grant to Site a royalty-free, non-exclusive, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any User Content or any other materials or information you communicate to Site by all means and in any media now known or hereafter developed. This includes, without limitation, ideas for new or improved products or services that may or may not be offered by Site.
You also grant Site the right to use your name in connection with the submitted materials or any other information as well as in connection with all marketing, advertising, and promotional material related thereto. You agree that you shall have no recourse against Site for any alleged or misappropriation of any proprietary rights or actual infringement in your communications to Site.
Site neither endorses nor assumes any liability for the contents of any User Content. We generally do not monitor, pre-screen, or edit User Content. However, we and our agents have the right at their sole discretion to remove any User Content or other content that, in our judgment, does not comply with these TOS, does not comply with any other rules of user conduct for the Service or is otherwise inaccurate, objectionable, or harmful.
Site is responsible for any delay or failure in removing any User Content or other content. You hereby consent to such removal at Site’s discretion and waive any claim against us arising out of such removal of any User Content, whether it is your own or of another user’s.
Site does not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). You must provide a written communication to the attention of “DMCA Infringement Notification Department” sent to support@tabletwise.com. Your communication should set forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
The following terms apply to all users including your use of the Service:
The following terms apply when you publish a class or course on Site:
The following payment terms apply when you publish a class or course on Site:
The following terms apply when you enroll in a class or course on Site:
The following payment terms apply on Site:
The following apply when participating in a class or when you are an instructor for a class on Site:
Site reserves these rights:
Site privacy policy with respect to the collection and use of your personally identifiable information is set forth on Site and Service. BY ACCESSING THE SITES AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SITE, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
THROUGH THE USE OF SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS OR VENDORS INCLUDING STUDENTS AND OR INSTRUCTORS. YOU ACKNOWLEDGE THAT ALL SUCH TRANSACTIONS RELATING TO ANY CLASS OR SERVICES OFFERED BY ANY PARTY ARE AGREED SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, MATERIALS, CLASS, PRODUCTS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. SITE IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, OPINION, OR ADVICE MADE BY ANYONE. CLASSES OFFERED ON SITE ARE OFFERED DIRECTLY BY INSTRUCTORS. SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION. SITE IS NOT RESPONSIBLE FOR ANY CHANGES MADE TO A CLASS BY INSTRUCTORS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NEITHER SITE NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE OR COURSE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SITE OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES.
IN NO EVENT SHALL WE OR ANY OTHER SITE PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE, NOR ANY OTHER SITE PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.
Upon a request by us, you agree to defend, indemnify, and hold us and the other Site Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these TOS or any of the other documents, or other negligent or wrongful conduct. Site reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We makes no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Site reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that Site, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
These TOS and the relationship between you and the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and Site irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Alameda, in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The failure of Site to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
We may perform any of our obligations or exercise any of our rights under this TOS through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Site or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOS. You may not assign your rights or obligations under this TOS, by operation of law or otherwise, without our prior written consent.
We may modify these TOS at any time, as we deem appropriate. If you disagree with the changes to the TOS, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified TOS. It is your responsibility to review the TOS regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these TOS.
Any cause of claim or action you may have must be commenced within one (1) year after the claim or cause of action arises. Else, such claim or cause of action is barred.
You and Site agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Site are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
These TOS, together with the Privacy Policy and the other Governing Documents, constitutes the entire agreement between you and Site concerning the Service and the services provided by Site. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Site’s failure to insist upon or enforce strict performance of any provision of these TOS or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these TOS. Site may assign its rights and duties under these TOS or any of the other Governing Documents to any party at any time without notice to you.
Most communication between Site and you will be sent and received electronically. You agree that all electronic communication between Site and you shall satisfy any legal requirement that such communications be in writing.
Any rights of Site not expressly granted herein are reserved.
