Effective: March 5, 2016
Terms and Conditions
By accessing and browsing any web site owned and/or operated by Anova Food, LLC (collectively the “Site”), you accept, without limitation or qualification, the following Terms and Conditions, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web.
Anova Food, (” Anova”) provides you with access to, and use of, the Site subject to all applicable laws and regulations and these Terms and Conditions. By accessing and using the Site you accept each of the Terms and Conditions without limitation. If you do not accept each of the Terms and Conditions without limitation, please exit the Site. These Terms and Conditions supersede any other agreements you may have with Anova regarding this subject matter.
The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by Anova, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by Anova unless otherwise noted and you may not use the Content, except as provided in these Terms and Conditions, without the prior written permission of Anova.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of Anova or its licensors unless otherwise stated herein. Anova and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.
In its sole discretion, Anova or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
Anova maintains the Site for your personal entertainment, information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Anova, and that you do not download or use any images of people or places (“Images”) displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of Anova. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.
Additionally, you agree to not engage in any of the following activities on the Site:
Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
Impersonate another user, person or entity, including any official or employee of Anova;
Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
Use the Site to advertise or perform any commercial solicitation.
Links to Third Party Sites
The Site may contain links to other Internet sites not under the ownership or editorial control of Anova. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Anova of any products, services, advice or information available from such sites. Anova does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Anova and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Anova. Check the Uniform Resources Locator (“URL”) address provided in your Worldwide Web browser to see if you are still in a Anova Site or have moved to another third-party site.
EXCLUSION OF LIABILITY
NEITHER ANOVA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE SITE AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) THE SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF THE SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. ANOVA DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT THE SITE.
ANOVA IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, ANOVA IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. ANOVA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ANOVA DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
- THE CONTENT IS ERROR-FREE AND ACCURATE;
- THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
- THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
- THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
- IN ADDITION TO THE ABOVE YOU (AND NOT ANOVA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
- EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Software and other materials from the Site may be subject to Export Control laws. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. Anova does not authorize the exportation of any software or technical data from the Site to any foreign jurisdiction.
Unless otherwise specified, the materials in the Site are presented to provide information about Anova and its products. We in no way imply that the materials on the Site are appropriate or available for use outside of the United States. If you use the Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Revisions to the Terms
Content Submitted by Users
Any communication or material you transmit to Anova at the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Anova or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Anova is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
The information and opinions expressed in Chat Rooms or other forums conducted on the Site (“Forums”) are not necessarily those of Anova or its affiliated or related entities or content providers and Anova makes no representations or warranties regarding that information or those opinions. Furthermore, neither Anova nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided on the Site.
Health Related Information
Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. Anova does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, scrapers, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Anova on this Site and other than generally available third party web browsers (e.g., Internet Explorer, Chrome, Firefox). Violations of system or network security may result in civil or criminal liability. Anova may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Choice of Law
These Terms and Conditions and your use of this Site is governed by the laws of the State of California,without regard to its choice of law provisions.
TERMINATION OF THIS AGREEMENT
These Terms and Conditions are effective until terminated by either party. You may terminate these Terms and Conditionat any time, by destroying all materials obtained from the Site, along with all related documentation and all copies and installations. Anova may terminate these Terms and Condition at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on the Site, we do not in any way promise that the materials will remain available to you. Anova is entitled to terminate all or part of any of the Site at any time, without notice to you.
How To Contact Us
If you have any questions about these Terms and Conditions, please Contact Us by clicking on this link and filling out the form.
These Terms and Conditions constitute the entire agreement between you and Anova and governs your use of any Anova Site. The failure of Anova to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision. If any provision of these Terms and Condition is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms and Conditions and the surviving terms shall remain in full force and effect. Any claims arising under these Terms and Condition must be brought within one (1) year after such claim or action arose or be forever barred.