This agreement (the “Agreement”) states the terms and conditions under which you may use this website (the “Website”) and our Light and Healthy Desserts products and services (the “LHD Service”). Any use by you of the Website or the LHD Service constitutes your acceptance of all such terms and conditions, including acceptance of our Privacy Policy and Copyright Notice which are incorporated herein. BY USING THE WEBSITE OR THE LHD SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND LIGHT AND HEALTHY DESSERTS. If you do not accept the terms and conditions contained in this Agreement, please do not use the Website or the LHD Service.

We may modify this Agreement at any time by posting the amended terms on the Website under Terms of Use. All amended terms shall be effective immediately upon posting on the Website. By continuing to use the Website and/or the LHD Service after any changes to this Agreement are posted, you agree to the modified terms and agree to be bound by any such changes.

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Usage of Service

You may use the Website and the LHD Service solely for your personal, non-commercial, non-competitive purposes. In the event that your usage breaches the terms of this Agreement, you hereby acknowledge and agree that Light and Healthy Desserts will have the right to seek injunctive and equitable relief against you personally.

Any content or materials that you obtain through the Website or the LHD Service (collectively “LHD Materials”) are proprietary materials that are protected by U.S. copyright and other intellectual property laws. You agree not to copy, reproduce, modify, publish, distribute, transfer, share, transmit, post, translate, sell, loan, rent, auction, give away, or create derivative works from the LHD Materials, in whole or part, in physical or electronic formats, without the prior express written permission of Light and Healthy Desserts.

 

Right to Terminate Service

Light and Healthy Desserts reserves the right to terminate, modify, suspend, or discontinue any aspect of the Website or the LHD Service at any time without notice or liability. Furthermore, Light and Healthy Desserts may restrict, suspend, or terminate your access to the Website and/or the LHD Service if we believe that you are in breach this Agreement or applicable law, or for any other reason without notice or liability.

Our ability to provide the LHD Service to you is limited by the availability of qualified staff. Furthermore, we expect that you will treat our staff with courtesy and respect. You agree that Light and Healthy Desserts has the right to stop providing you with the LHD Service at any time, for any reason, with a prorated refund.

 

Financial Policies

If you use another person’s credit card to pay Light and Healthy Desserts, you acknowledge that you have obtained that person’s permission. You agree to promptly pay Light and Healthy Desserts a $50.00 service fee for any disputed charge filed with and then deemed invalid by your credit card company. Furthermore, you agree to promptly pay Light and Healthy Desserts a $50.00 service fee for any check written by you to Light and Healthy Desserts that is not honored by your bank for any reason.

 

Warranty Disclaimer

YOUR USE OF THE WEBSITE AND THE LHD SERVICE IS AT YOUR OWN AND SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH USE. THE LHD SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIGHT AND HEALTHY DESSERTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE LHD SERVICE, including, but without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY DESSERTS MADE BY LIGHT AND HEALTHY DESSERTS OR FROM RECIPES FROM THE LHD SERVICE DO NOT CONTAIN INGREDIENTS THAT MAY RESULT IN AN ALLERGIC REACTION BY YOU OR OTHERS WHO MAY CONSUME THE PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR ANY HEALTH CONSEQUENCES AND ASSOCIATED COSTS THAT MAY ARISE FROM CONSUMING ANY DESSERTS MADE BY LIGHT AND HEALTHY DESSERTS OR FROM RECIPES FROM THE LHD SERVICE.

LIGHT AND HEALTHY DESSERTS DOES NOT WARRANT THAT (a) THE LHD SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE LHD SERVICE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, (c) INFORMATION OBTAINED FROM THE WEBSITE OR THE LHD SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LHD SERVICE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN ANY DATA OR WORKMANSHIP WILL BE CORRECTED.

NO ADVICE, INFORMATION, OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIGHT AND HEALTHY DESSERTS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

Limitation of Liability

Our pricing reflects the allocation of risk and the limitation of liability specified as follows. IN ANY AND ALL CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, LIGHT AND HEALTHY DESSERTS' LIABILITY IS LIMITED TO, IN THE AGGREGATE, THE AMOUNT THAT YOU PAID TO LIGHT AND HEALTHY DESSERTS FOR SERVICES. YOU EXPRESSLY AGREE THAT LIGHT AND HEALTHY DESSERTS SHALL NOT BE LIABLE FOR YOUR LOST PROFITS, OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF LIGHT AND HEALTHY DESSERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

You agree to indemnify, defend, and hold harmless Light and Healthy Desserts, its officers, directors, employees, agents, other service providers, vendors and customers from and against all claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of this Agreement by you or any harm you may cause to anyone in connection with your use of the LHD Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the LHD Service for competitive purposes.

 

Applicable Law

You agree that this Agreement shall be governed by California law, without regard to its conflict of laws provisions, and that any litigation arising out of this Agreement or your use of the Website or the LHD Service shall be commenced in Orange County, California. To adjudicate any such litigation, YOU CONSENT TO THE JURISDICTION OF THE CALIFORNIA COURTS EVEN IF YOUR RESIDENCE IS IN ANOTHER STATE OR COUNTRY AND YOU WOULD NOT OTHERWISE BE SUBJECT TO SUCH JURISDICTION.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the LHD Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you agree that in any legal action arising out of this Agreement, the prevailing party shall be entitled to recover the reasonable attorney’s fees incurred by such party in the proceeding.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions of this Agreement shall remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.