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TERMS AND CONDITIONS

NOTICE OF TERMS OF USE

Welcome to ELISEMUSELES.COM (our “website”). Please read these terms of use carefully

because they describe your rights and responsibilities and constitute a legally binding agreement between you and KALE & CHOCOLATE, LLC (“ELISE MUSELES” ”KALE AND CHOCOLATE“ “we”, “us”, or “our”) regarding your use of our website.

These are official terms and conditions (“Terms of Use”) and form a legally binding agreement

between you and Us regarding your use of the Website located at https://elisemusele.wpengine.com, as well as the associated Web pages, features and functions made available by ELISE MUSELES.

YOU AGREE TO READ THESE TERMS OF USE CAREFULLY EACH TIME YOU ACCESS THE WEBSITE. BY ACCESSING THE WEBSITE YOU…

(I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE OR HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE WEBSITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR ACCESSING THE WEBSITE.

When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the Website. These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy and Disclaimer that can be accessed through links on the Website’s home page. The Privacy Policy and Disclaimer are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you access and use the Website, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended or deactivated for any reason.

The words “use” or “using” in this Agreement, means any time you, directly or indirectly, with or without the aid of a machine or device, access or attempt to access, interact with, use, display, view, print or copy from the Website, receive data from the Website, or in any way utilize, benefit, take advantage of or interact with any function, service or feature of the Website, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the Website that may direct your browser or your Internet connection to third party Websites or Web pages, which rights and responsibilities are set forth below in Section G.

WEBSITE DISCLAIMER

Our mission is to promote happy, healthy lives, by cultivating a supportive community for people to openly share their feeling, getting and being better experiences in a way that is accessible, practical, and positive. The Website located at www.elisemuseles.com (the “Website”) contains text, graphics, images, and other content (collectively “Content”), which are for informational purposes only. All images on the website are subject to copyright. All rights are reserved © Elise Museles and Kale & Chocolate, 2018. Unauthorized use and/or duplication of the material and images on the website (www.elisemuseles.com) without express and written permission from Elise Museles and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Elise Museles and/or Kale & Chocolate with appropriate and specific direction to the original content.

OUR SITE DOES NOT PROVIDE MEDICAL ADVICE

Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always consult a qualified healthcare professional for medical advice and answers to personal health questions. This Website does not constitute an attempt to practice medicine. Your use of the Website does not establish a doctor-patient relationship. E-mail inquires do not serve as a means of communicating a request for diagnostic information or treatment and is not a substitute for the patient directly scheduling an appointment for care or taking appropriate steps to obtain proper/appropriate medical attention. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. If you think you may have a medical emergency, call your primary care physician or 911 immediately.

AS IS, AND AS AVAILABLE

The website and the content are provided on an “as is” and “as available” basis, without any representation or warranty of any kind, expressed or implied, that the information provided therein is accurate, complete, or up to date. We do not guarantee or assure that the website will be available for use or that all features, functions, or operations will be available or perform as described.

You understand and agree that, to the fullest extent permissible by law, the website ELISEMUSELES.COM, KALE & CHOCOLATE, LLC or, any of its affiliates, or their respective successors and assigns, or any of their respective officers, directors, employees, agents, representatives, or licensees shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from your use of the website, including but not limited to compensatory, consequential, incidental, indirect, special, or punitive damages.

The Website may contain images or descriptions that some people may find offensive. If you find these materials offensive, we recommend that you refrain from accessing the Website.

FOR ADULTS

The Website is offered and made available only to users 18 years of age or older or have reached the age of majority in the jurisdiction in which you live or reside. If you are not yet 18-years-old or have not reached the age of majority in the jurisdiction in which you live or reside, you must have a parent or guardian’s permission to view the Website. Moreover, if your use of the Website is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Website immediately. By accessing the website you certify that you are at least 18 years of age, have reached the age of majority in which you live, or have your parent’s or guardian’s permission to access the website.

A. GENERAL TERMS

There are portions of the Website that we make available to the general public without registration, and you may visit and browse those portions without charge or obligation. In order to access and use certain services, features or functions of the Website, such as posting and interacting with other posts, we require you to register as a member and create a profile. As part of the registration process, we will request that you provide your name and e-mail address, and may request that you provide other personally identifiable information as we may require. Please read our Privacy Policy, which describes how we collect, use, disclose, manage and store your personal information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your registration information.

B. MODIFICATIONS

These Terms of Use are effective as of October 10, 2018. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We may post or display notices of material changes on the Website. Once we post them on the Website, these changes become effective immediately and if you use the Website after they become effective, then it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

C. OWNERSHIP AND PROPRIETARY RIGHTS

Copyright © 2018 Elise Museles and © 2018 Kale & Chocolate, LLC – All Rights Reserved.

The Website, including any and all content, media and materials, all software, code, design, text, images, photographs, illustrations, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, and visual effects, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) are the property of ELISE MUSELES and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors. All Content on the Website is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the Website is either the copyrighted property of ELISE MUSELES or is the copyrighted property of third parties unless otherwise noted.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on the Website, including, without limitation, “ELISE MUSELES,” our stylized ELISE MUSELES logo and descriptor title “Eating Psychology & Nutrition” are the trademarks and intellectual property of and proprietary to ELISE MUSELES]. You have no right to use any of these Marks or any marks confusingly similar thereto for any purpose without the expressed prior written consent of ELISE MUSELES, such consent shall be in ELISE MUSELES’ sole and absolute discretion.

D. LICENSE AND WEBSITE ACCESS

ELISE MUSELES authorizes you to access Content on the Website and grants you the limited right and license to use the Website solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the Website for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the Website, including notices on any Content you display, print or reproduce from the Website. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, deliver, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site) or otherwise use, any Content without the express prior written consent of ELISE MUSELES.

This license does not include any resale or commercial use of the Website or its Content; any derivative use of the Website or its Content; any downloading or copying of membership information for the benefit of a third party; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of ELISE MUSELES. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the Website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our Marks without our express written consent. Any unauthorized use terminates the permission or license granted by ELISE MUSELES.

As an express condition of your use of the Website, you warrant to us that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content.

E. CONTENT YOU SHARE ON THE SITE

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give ELISE MUSELES the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ELISE MUSELES (IP License). We may use your content as we wish – for example, we may: add links that tie your content to relevant pages or products, share your (publicly shared) content across our social media channels, and add tags and keywords (to make it easier for our community members to find your shared content).

F. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

We respect the intellectual property of others, and we ask you to do the same. Accordingly, ELISE MUSELES has adopted the following Intellectual Property Compliance Policy. If you or any user of the Website believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

(1) A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;

(2) Identification of the IP Rights claimed to have been infringed;

(3) Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;

(4) Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;

(5) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

(6) A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:

Kale & Chocolate, LLC

Email: info@elisemuseles.com & elise@kaleandchocolate.com

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