Terms

The web sites www.sugarfootgrits.com and all of the various pages contained therein, including subdomains (for example members.sugarfootgrits.com) as well as your use of the products and services offered therein are maintained and operated by Sugarfoot Grits Inc which is defined below.

Please read these Terms of Service (“Terms”) carefully as they describe your relationship with us and govern your use of www.sugarfootgrits.com and the products and services offered by us. These Terms will also govern your use of any other web sites that currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms. (All of the foregoing shall hereafter be referred to as the “Site.”)

Feel free to print a copy of these Terms for future reference. We may from time to time amend these Terms as further described in Section 18, below. Those changes will be posted here and may also be communicated to you by any written contact method we have with you. However, these changes take effect on the date posted on our Site.

1. Legal Agreement

These Terms are a legal agreement between you and us and contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you: (i) acknowledge you have read, understand, and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules and regulations with respect to your use of the Site; and (iii) represent you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside.

Our permitting you access to our Site is conditioned on your agreeing to all of the Terms, including your compliance with our policies, including our Privacy Policy, as well as our agreement to arbitrate individual disputes, and we both expressly agree to waive our right of using class actions or jury trials. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The Site may not be used in any way that is not expressly permitted by these Terms and our related Privacy Policy found here.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE OUR SITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS, AS UPDATED OR REVISED, FROM TIME TO TIME.

2. Definitions

“Sugarfoot Grits,” the “Company,” “we,” “us,” or “our” includes Sugarfoot Grits Inc., and its trustees, officers, directors, shareholders, employees, attorneys and agents (current and past) and any related individuals or entities.

Service or Services means any of the Site or other products or services provided or offered by us, including those described in these Terms, whether through a website owned, maintained or controlled by us, through a social network, a mobile application, on a cellular telephone or otherwise.

Content means all the content and materials that appear on the Site.

Lifetime: To the extent that you are “A Lifetime” customer or been afforded “lifetime access,” you are entitled to use a program for so long as the program is made available by Sugarfoot Grits.

3. You Understand And Agree That Physical Exercise Is Strenuous.

This Site is intended for use only by healthy adult individuals. The Site is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.

If you use this Site, you understand that physical exercise can be strenuous and can expose you to the risk of serious injury. As with all programs, techniques and materials related to health, exercise and fitness, we urge you to obtain a physical examination from a doctor before participating in any exercise activity.

You acknowledge that your use of our Site may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us. By using our Site, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with your use of our Site. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.

4. You Understand And Agree That We Are Not Giving Health Advice

This site offers health, wellness, fitness, exercise and nutritional information and is designed for educational purposes only. The nutritional, exercise, and other information on this Site is not intended to be and does not constitute health care or medical advice and must not be used to make any diagnosis specific to you. We do not employ dietitians or any other health care professionals. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from a health-care professional because of something you may have read on this site.

This Site makes no warranty of any kind, implied or express, that you will lose weight, build muscle, or otherwise receive any health benefits as a result of using our Site. Individual results will vary. Moreover, because fitness and nutritional research is always ongoing and developing and subject to disagreement in the field, we cannot make any assurances that the information provided in our Site will be up-to-date, accurate, or complete.

Your use of any information contained on this Site is solely at your own risk.

5. You Understand And Agree That Your Use Of The Site Is Restricted

You may access, browse and use the Site and its content only for limited purposes. Your use is limited to your personal, non-commercial use of the Site. If you are posting content on our Site, or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, including photographs you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material on our website and elsewhere, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

6. We Own Our Intellectual Property

Sugarfoot Grits is the exclusive owner or licensee of all the Content, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”). Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.

All trademarks, trade names, copyrights, logos and service-marks, whether or not registered (collectively, the “Marks”) relating to or constituting our IP are our exclusive property. The Site and our Services and Content are protected by copyright, trademark, and other laws of the United States and other countries. Unauthorized use of any of the Marks is strictly prohibited by law. All third-party trade names, trademarks, logos and service marks, if any, that appear in or on the Site are the property of their respective owners.

You do not acquire any ownership interest in the IP or the Marks by accessing, browsing or otherwise using the Site. You may not reproduce, copy, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of our IP or Marks. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

We may prevent unauthorized use of the Site via technological means. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted or actual circumvention, or otherwise unauthorized use, by you or anyone on your behalf will result, at minimum, in the termination of all your rights to our products and Services under these Terms.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. Please Use Our Site Responsibly

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, you agree that Your Use of the Site is solely for private and personal purposes. You further warrant and represent that you will not engage in any of the activities that expose you to civil and/or criminal liability.

We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Company may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company’s outside contributors, or by users not connected with Company, some of whom may employ anonymous user names. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.

Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.