Terms and conditions

Last updated on 8/28/2019

Welcome to LowCarbSpark. We strongly advise that you very carefully read these terms and conditions in full before browsing or using the LowCarbSpark website in any way.

By using the LowCarbSpark website and our services, you fully agree to comply with and be bound by these terms and conditions. If you are in not in full agreement with the provisions of this legal agreement, please desist from using the website immediately, as continued use of the website shall be deemed as your agreement to complying with all the terms.

LowCarbSpark may sometimes exercise its right to review, modify and/or update these terms and conditions at any time as it considers necessary. We will make sure to notify users of any review, modification and/or update by indicating last date of update on the top of this page. We however have no obligation to inform you of such changes by email. Your continued use of the LowCarbSpark website after any such changes are uploaded on this page will mean you accept those changes.


WHAT LOWCARBSPARK DOES

LowCarbSpark is a blog that shares favorite, tested, easy to make and delicious low-carb and keto, nutrient-dense recipes.

NO MEDICAL ADVICE

The contents, material and information available on LowCarbSpark.com are intended for informational and educational purposes only. We clearly declare that such content and information do not in any way constitute health advice and should never be used as a substitute for qualified medical diagnosis, advice, or treatment. We advise that you always consult a health care professional and/or your physician for precise recommendations about your personal medical condition.

We also advise that you call your doctor or 911 immediately if you have or think you may have a medical emergency.  You also agree to accept all the risks associated with the use of or reliance on any information that is uploaded on this website, and to indemnify LowCarbSpark from any cause of action that you may experience in connection with your reliance on content obtained from this website.

USE OF MATERIALS/RESTRICTIONS AND COPYRIGHT

LowCarbSpark.com is the owner and provider of this website. As such, we give you only a reversible, limited, non-exclusive, and non-transferable license to access and use the website on computers and other devices owned and used by you. We however have the right to terminate this license at any time with or without reason.

Through the editorial discretion of LowCarbSpark, features and content may be changed or terminated without notice.

All materials/content posted and uploaded on this website are protected by the copyright laws in the United States and in foreign countries. Also, the website’s design, videos, images, audio, trademarks, service marks, trade names and other information are proprietary to LowCarbSpark, its affiliates and/or third-party licensors.

You may view or download one copy of the material on the LowCarbSpark website solely for your personal, noncommercial use. You are not permitted to duplicate, imitate, adjust, post, transmit, allocate, display, create derivative works from, execute, transfer or sell any content.

Title of all materials remains with LowCarbSpark or its licensors. If you use any of the materials in any way not expressly allowed by these terms and conditions, we will take it as a breach of these terms and conditions and you may be violating trademark, copyright, and other applicable laws. All rights not specifically granted herein are reserved to LowCarbSpark and its licensors.


CONTENT SUBMISSION

On our website, we make it possible for users to submit and share comments, suggestions, questions, feedback, submissions, reviews, and other content.  When you upload any content to our website, you automatically grant, or warrant that the owner of such content has clearly granted LowCarbSpark.com, a royalty-free, unlimited, continuous, irreversible, universal, nonexclusive license to use, replicate, create derivative works from, convert, distribute, adapt, issue, edit, perform, and to display the content material in any media or medium, or any form or manner now known or hereafter developed.  

Under no circumstance should you submit any content to us that you do not wish to license to us.  We are not under any obligation to maintain the confidentiality of any content, to respond to any user content, or to pay compensation for use of any content.

By submitting content, you warrant that; you are the sole author and owner of the content; that you have reached the legal age of 18;  and that the use of any content you make available will not violate any term of these terms and conditions and will not cause bodily harm or is injurious to any person or entity.  

As a user, you warrant that you will not submit/upload content that; is incorrect, erroneous, or misleading, contains confidential identifiable information about yourself or others, or that infringes on the rights of others, including trade secrets, copyrights, patents, trademarks, publicity or privacy rights.

You also warrant that your uploaded contain does/will not violate any local, state, federal, or international laws; and is not unlawful, defamatory, obscene, derogatory, threatening, harassing, slanderous, hateful, abusive, or embarrassing to any other individual or entity as determined by LowCarbSpark.com in its sole discretion.

You may not upload advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from LowCarbSpark.com; chain letters or pyramid schemes; or content that impersonates another business, person or entity, including LowCarbSpark.com, its related entities, employees and agents.

You may not post content that contains viruses or other harmful computer code; or that victimizes, intimidates, harasses, or degrades an individual or group of persons on the basis of religion, gender, race, ethnicity, sexual orientation, age or disability.

Other explicitly prohibited content include content that you were compensated for by a third party and content that interferes with the use of the LowCarbSpark.com website by others.

You are solely and fully responsible for any content you submit and you agree to indemnify LowCarbSpark.com and its affiliates for all claims arising from or connected to any content that you submit.

We have the right, but do not have the obligation, to monitor the content of the website to determine compliance with this terms and conditions.  We may exercise our right, in our sole discretion, to revise, move, or remove any content posted on LowCarbSpark.com for any reason, including violation of these terms, whether for legal or other reasons.  

USER CODE OF CONDUCT/USER RULES

To continue to gain access to and use the LowCarbSpark website, you agree to accept and fully abide by all relevant local, state, and federal other laws and regulations as well as these terms and conditions. You also represent that you will abide by this user code of conduct, and your failure to adhere to any of these terms may result in our termination of your access to the LowCarbSpark website. We may also bring a criminal and/or civil case against you under applicable laws.

You fully consent not to;

a) sell, license, lease, rent, transfer, assign, distribute, host or otherwise use the website for profit;

b) alter, interpret, adjust, merge, decompile, disassemble, make derivative works of, or reverse-engineer any part of the website;

c) destroy or remove any copyright notices or other proprietary markings contained in the website;

d)  upload, transfer or distribute any computer worms, viruses, malicious software or code with the intention of damaging a computer system(s) through the use of this website;

e) disturb, incapacitate, or otherwise inhibit the operation of the website or the servers/networks connected to it;

f) engage in password mining;

g) use LowCarbSpark.com to gather or otherwise harvest or store any information for purposes other than those designed and implemented by LowCarbSpark.com;

h) interfere with other users’ access, use and enjoyment of the website;

i) impersonate any person or falsely state or otherwise misrepresent your affiliation with any person or entity, or express/imply that we endorse you, your website, your business or any statement you make.

AMAZON AFFILIATE DISCLOSURE

LowCarbSpark.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to amazon.com, as well as any other website that may be affiliated with Amazon Service LLC Associates Program. This means that if you click on a text or an image to enter an online shopping website via our website, we may receive a commission from any purchase that you make on that visit and in some cases future visits. There is no additional cost to you as all referral fees are paid by merchants. Through affiliate links and paid advertisements, we promote only products and businesses that we consider helpful to our readers.

DISCLAIMER / LIMITATION OF LIABILITY

LOWCARBSPARK.COM PRESENTS AND PROVIDES THIS WEBSITE FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. WE PROVIDE THE WEBSITE WITHOUT ANY ENDORSEMENT OR REPRESENTATION MADE AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER DIRECT OR IMPLIED, INCLUDING BUT NOT IN ANY WAY LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, ACCURATENESS, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, NON-INFRINGEMENT, AND SAFETY.

LOWCARBSPARK DOES NOT GUARANTEE THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR CONTINUOUS, MISTAKE OR VIRUS FREE OR FREE OF THER HARMFUL COMPONENTS. YOU AGREE AND ADMIT THAT YOU ACCESS AND USE THIS WEBSITE AT YOUR OWN RISK.

WE MAY AMEND, DEVELOP, ALTER, IMPROVE AND/OR MAKE ANY OTHER CHANGES TO LOWCARBSPARK.COM AT ANY TIME WITH OR WITHOUT NOTICE. UNDER NO CIRCUMSTANCES WILL LOWCARBSPARK BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, SECONDARY, EXCEPTIONAL, OR RESULTING DAMAGES IN CONNECTION WITH OR AS AN OUTCOME OF THE USE OF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF LOWCARBSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL NOT BE HELD RESPONSIBLE/LIABLE FOR ANY CONTENT POSTED TO THE WEBSITE BY VISITORS.

THE CONTENTS, MATERIAL AND INFORMATION AVAILABLE ON LOWCARBSPARK.COM ARE INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. WE CLEARLY DECLARE THAT SUCH CONTENT AND INFORMATION DO NOT IN ANY WAY CONSTITUTE HEALTH ADVICE AND SHOULD NEVER BE USED AS A SUBSTITUTE FOR QUALIFIED MEDICAL DIAGNOSIS, ADVICE, OR TREATMENT.

YOU UNAMBIGUOUSLY AND EXPLICITLY RELEASE AND HOLD LOWCARBSPARK INNOCENT FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITY, AND EXPENSES (WHICH WITHOUT LIMITATION INCLUDES THE LOSS OF REVENUE, BUSINESS, OPPORTUNITY, PROFITS, OR INFORMATION) RELATING TO OR CONNECTED WITH YOUR USE OF THE WEBSITE, ANY FOOD, MEDICAL OR OTHER CONTENT GOTTEN THROUGH THE WEBSITE OR ANY ASSUMED BREACH BY YOU OF THESE TERMS AND CONDITIONS.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE RESTRICTION OR LIMITATION OR EXCLUSION OF LEGAL WARRANTIES, OR LIMITATIONS OF REPRESENTATIONS OR DAMAGES MADE CONCERNING GOODS OR SERVICES. IF YOU ARE RESIDENT UNDER ANY OF SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNITY

You consent to indemnify LowCarbSpark, its affiliates, licensors, managers, agents, officers, suppliers, and employees from and blameless against any and all costs, reparations, losses, claims, penalties, liabilities and expenses that may result from your use of the website, or any assumed violation by you of these terms and conditions. This shall include reasonable legal and accounting fees.

You also agree to indemnify LowCarbSpark, its affiliates, licensors, managers, agents, officers, suppliers, and employees for any injury, including without limitation bodily injury or death, to you or/and to any other person(s) as a result of your use of or reliance on any information or data gotten through the website.

LINKS TO OTHER WEBSITES, SEARCHES AND ADVERTISEMENTS

On our website, we make available links to third party websites that are under the control and maintenance of others. LowCarbSpark also may select certain websites as priority responses to the search terms that you enter and we may permit advertisers to react and respond to certain search terms with advertisements or sponsored content. We have no control over these websites, and you are warned not take our provision of their links as an endorsement of such websites. You link and use such websites at your own discretion and risk.

LowCarbSpark does not endorse any diet, product, service, or treatment advertised on the LowCarbSpark website. You use such diets, products, services or treatments at your own risk.

JURISDICTION/GOVERNING LAW

You clearly agree and admit that the exclusive jurisdiction for any dispute with LowCarbSpark, or in any way relating to your use of the LowCarbSpark Site, resides in the courts of the United States of America (USA) and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the USA in connection with any such dispute including any claim involving LowCarbSpark or its content providers, employees, affiliates, subsidiaries, contractors, managers, and directors.

SEVERANCE

If any provision of these terms and conditions by LowCarbSpark is found to be invalid by a United States of America court having expert jurisdiction, the invalidity and unenforceability of that one provision shall not in any way affect the enforceability and validity of the remaining provisions of these terms and conditions. The remaining conditions shall remain in full force and effect.

WAIVER

You understand and accept that no waiver of any of these terms and conditions at any time shall be deemed a further or continuing waiver of such term or condition or the waiver of any other term or condition.