Terms of Use


Terms and Conditions

This website (the “Site”) is owned and operated by In the Kitchen with Kirby. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from In the Kitchen with Kirby. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites unless otherwise mentioned. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not In the Kitchen with Kirby. Neither In the Kitchen with Kirby nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, In the Kitchen with Kirby neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized In the Kitchen with Kirby representative while acting in his/her official capacity.

The information, products and services offered on or through the site and by In the Kitchen with Kirby and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

You agree at all times to defend, indemnify and hold harmless In the Kitchen with Kirby its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.

This site is continually under development and company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

PARTICIPANT acknowledges and agrees that no representation has been made by In the Kitchen with Kirby OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this PROGRAM.

 

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

 

Visiting this site

We may also collect certain non-personally identifiable information from you when you visit our website, such as the type of browser you are using (i.e.: Netscape or Explorer), the type of operating system (i.e.: Windows or MAC), the domain name of your Internet service provider and your entire query (if any) that was entered into a search engine which led you to the current site and any other “click stream” data. This information is stored in our log files. We may use the non-personally identifiable information that we collect to rate and improve the design and content of our website and to enable us to personalize your experience. We may also use this information in the aggregate to analyze how our site is used, as well as to offer you products, services and promotions.

 

The Use of Cookies

In order to enhance and personalize your interactive experience, our site does use cookies. The cookies do not contain any personally identifiable information. If you wish to limit the number of cookies that your browser accepts or prevent your browser from accepting cookies, you can set your browser to alert you each time you are about to receive a new cookie or you can turn off your cookies completely. This however will not allow you to take full advantage of all of the features available to this site.

 

Fraud Prevention

We reserve the right to co-operate with local, provincial/state, national and international authorities in investigations of improper or unlawful activities and this may require the disclosure of personal information. We may also report to other organizations about improper or unlawful activities on any website under the control of or associated with In the Kitchen with Kirby and this disclosure may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.In addition, in order to protect you and In the Kitchen with Kirby from fraudulent transactions, we may provide your online shopping related information to a reputable outside organization to perform address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. The outside organization does not store any personal information that we provide from shopping transactions.

 

Updating the Privacy Policy

In the Kitchen with Kirby may update its privacy policy from time to time to reflect changes in our information practices. As a result, we encourage you to periodically review this page for the latest information on privacy policies. Your continued use of the site indicates your consent to such terms. If you have any questions about this privacy statement, the practices of this site, or your dealings with our site, In the Kitchen with Kirby will remove any personal information from our database pursuant to a written request from you. Please e-mail such requests to us, identifying your first and last name. Be sure to type “remove registrant” in the subject line of your email.

 

Website Legal Terms of Use

Limitation of Liability In the kitchen with Kirby takes no responsibility for the accuracy or validity of any claims or statements contained in the information or related graphics of this site. Further,In the Kitchen with Kirby makes no representations whatsoever about the suitability of any of the information contained in the information or graphics on this site for any purpose. All such information and related graphics are provided without warranty of any kind. In the kitchen with Kirby makes no representations whatsoever about any other Web site which you may access through this site.When you access a non- In the Kitchen with Kirby Web site, you understand and acknowledge that it is independent from In the Kitchen with Kirby, and that In the Kitchen with Kirby has no control over the content on any such Web site. In addition, a link to a non- In the Kitchen with Kirby Web site does not mean that In the Kitchen with Kirby endorses or accepts any responsibility for the content, or the use, of such Web site. It is your responsibility to take precautions to ensure that whatever you select for your use by you is free of such items such as viruses, worms, Trojan horses, and other items of a destructive nature.

IN NO EVENT WILL In the Kitchen with Kirby BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE.

 

Use of the Site

While visiting the In the Kitchen with Kirby site, you may not: post, upload, publish, reproduce, transmit, or otherwise distribute information or other material: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; © otherwise use this site in a manner which is contrary to law, including the posting or transmitting of any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.

 

Copyright

All materials published or otherwise accessible through this site including, but not limited to news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials are protected by copyright, and are owned or controlled by In the Kitchen with Kirby and any others which may own copyright or the party credited as the provider of the including, but not limited to news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials. All visitors shall abide by all additional copyright notices, information, and restrictions contained in the including, but not limited to news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials. All visitors shall abide by all additional copyright notices, information, and restrictions contained in any content accessed through this site.TrademarksThe trademarks, logos, and service marks, including but not limited to, “In the Kitchen with Kirby" and other names, logos, and icons identifying the products and services (collectively the “trademarks”) displayed on the site, are registered and unregistered trademarks of In the Kitchen with Kirby and others. Nothing contained on the site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the site without the written permission of In the Kitchen with Kirby or such third party that may own the trademarks displayed on the Site. Your misuse of the trademarks displayed on the site, or any other content on the site, except as provided in these Legal Terms of Use, is strictly prohibited. You are also advised that Meghan Telpner Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. In no circumstance will we allow the copying of our designs.

 

Indemnity

You agree to defend, indemnify, and hold In the Kitchen with Kirby harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to the violation of this Agreement by you or users of your account, or in connection with the use of this site or the placement or transmission of any information or other materials on this site by you or users of your account.

 

Miscellaneous

This Agreement, including any and all documents referenced herein, constitutes the entire agreement between In the Kitchen with Kirby and you pertaining to the subject matter hereof. In the Kitchen with Kirby's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. This Privacy Policy is intended to comply with the provisions of the Personal Information Protection and Electronic Documents Act (Canada).

The statements made by In the Kitchen with Kirby have not been evaluated by the Food and Drug Administration.

These statements are not intended to diagnose, treat, cure or prevent any disease.

I, Kirby Zylstra, am not a medical doctor, dietitian, nor nutritionist. I do not hold a degree in medicine, dietetics, or nutrition. I make no claims to any specialized medical training, nor do I dispense medical advice or prescriptions. This content is not intended to diagnose or treat any diseases. It is intended to be provided for informational, educational, and self-empowerment purposes ONLY.

Please consult with your doctor or wellness team before you start any new program or if you have any questions regarding my whole foods programs and/or natural practices, and then make your own well-informed decisions based upon what is best for your unique genetics, culture, conditions, and stage of life.