Terms of Service
Welcome to headovermeals.com, a site owned and operated by Lee Betchley
I. ONLINE CONDUCT
User agrees to use the Head Over Meals® Site only for lawful purposes. User is prohibited from posting on or transmitting through the Head Over Meals® Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Lee Betchley is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Head Over Meals® Site (collectively “Content“) provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Lee Betchley may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Head Over Meals® Site. Lee Betchley may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Head Over Meals® Site; or (iii) to protect the rights or property of Lee Betchley and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “Lee Betchley“) and any other User.
Lee Betchley reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Lee Betchley, the Head Over Meals® Site, the communities that make up the Head Over Meals® Site, or any rights of Lee Betchley or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Head Over Meals® Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Head Over Meals® Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Head Over Meals® Site.
headovermeals.com and Head Over Meals (Thinking Your Way To being Thin, Healthy & Happy)are trademarks or service marks of Lee Betchley or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Lee Betchley and its licensors used on the Head Over Meals® Site may not be used without prior written consent of Lee Betchley or its licensor, as the case may be. Without limiting the foregoing, no Head Over Meals® trademark or trade dress may be used in connection with any product or service that is not Lee Betchley’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Lee Betchley.
A. Proprietary Rights
User acknowledges that the Head Over Meals® Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under U.S. copyright laws, and Lee Betchley owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for Users personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph A. above, User may upload to or otherwise distribute on the Head Over Meals® Site only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Head Over Meals®/Lee Betchley Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Lee Betchley. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Lee Betchley Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that Users personal use. Subject to this grant, the owner of Content placed on the Head Over Meals® Site retains any and all rights which may exist in such Content.
C. Third-Party Content
Lee Betchley is a distributor and not a publisher of Content supplied by third parties and Users. Lee Betchley has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Head Over Meals®,Lee Betchley or its affiliates or any of their officers, directors, employees, or agents. No Lee Betchley Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Head Over Meals® Site represents the opinions and judgments of the respective third party providing such Content. Lee Betchley neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Head Over Meals® Site by anyone other than Lee Betchley. Under no circumstances shall Lee Betchley, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a Users reliance on information obtained through the Head Over Meals® Site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Head Over Meals® Site.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Head Over Meals® Site to either a foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
Lee Betchley does not intend the Head Over Meals® Site to be used by minors under the age of 13. Furthermore, Lee Betchley does not market the Head Over Meals® Site for use by minors under the age of 13. Lee Betchley relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Head Over Meals® Site are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
Lee Betchley may suspend or terminate any Users access to all or any part of the Head Over Meals® Site including any account thereon, without notice, for any reason in Lee Betchley’s sole discretion, including, without limitation, Lee Betchley’s belief that such access would violate any applicable law or would be harmful to the interests of any Lee Betchley/Head Over Meals® Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User’s Head Over Meals® (Lee Betchley) account password confidential and (ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s Head Over Meals account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE HEAD OVER MEALS® SITE IS PROVIDED BY LEE BETCHLEY PROVIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH LEE BETCHLEY/HEAD OVER MEALS® PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO LEE BETCHLEY/HEAD OVER MEALS® PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE HEAD OVER MEALS® SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE HEAD OVER MEALS® SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE HEAD OVER MEALS® SITE; OR (IV) THAT THE HEAD OVER MEALS® SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF LEE BETCHLEY/HEAD OVER MEALS® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LEE BETCHLEY/HEAD OVER MEALS® PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE HEAD OVER MEALS® SITE OR ANY RELATED SERVICES. THE OPERATION OF THE HEAD OVER MEALS® SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY LEE BETCHLEY/HEAD OVER MEALS® PROVIDER.
UNDER NO CIRCUMSTANCES SHALL LEE BETCHLEY BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE HEAD OVER MEALS® SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE HEAD OVER MEALS® SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LEE BETCHLEY/HEAD OVER MEALKS® RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE HEAD OVER MEALS® SITE.
NO LEE BETCHLEY/HEAD OVER MEALS® PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE HEAD OVER MEALS® SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH LEE BETCHLEY/HEAD OVER MEALS® PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
X. APPLICABLE LAW; JURISDICTION
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Head Over Meals® Site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
XI. BINDING ARBITRATION