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TERMS & CONDITIONS

PLEASE READ! HEALTHOPEDIA.CA AND KITCHENFUNDAMENTALS.CA REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING“Visitor’s”ACCESS.

READING AND ACCEPTING THE TERMS & CONDITIONS AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY, DISCLAIMERS, & AFFILIATE DISCLOSURE OF HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA ARE REQUIRED CONSIDERATIONS FOR HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA GRANTING“Visitor’s”THE RIGHT TO VISIT, READ OR INTERACT WITH THE “Website”.

ALL PERSONS ARE DENIED ACCESS TO HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA UNLESS THEY READ AND ACCEPT THE TERMS & CONDITIONS, PRIVACY POLICY, DISCLAIMERS, & AFFILIATE DISCLOSURE OF HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA IN IT’S ENTIRITY. BY VIEWING, VISITING, USING, OR INTERACTING WITH HEALTHOPEDIA.CA AND/OR KITCHENFUNDAMENTALS.CA WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT,“Visitor’s”ARE AGREEING TO ALL THE PROVISIONS OF THE TERMS & CONDITIONS POLICY, THE PRIVACY POLICY, DISCLAIMERS, & AFFILIATE DISCLOSURE OF HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA

ALL PERSONS UNDER THE AGE OF 19 OR NOT THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY ARE A RESIDENT ARE DENIED ACCESS TO HEALTHOPEDIA.CA, & KITCHENFUNDAMENTALS.CA IF “Visitor’s”ARE UNDER 19 YEARS OF AGE OR NOT AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE, IT IS UNLAWFUL FOR“Visitor’s”TO VISIT, READ, OR INTERACT WITH HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA OR IT’S CONTENTS IN ANY MANNER. HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA SPECIFICALLY DENIES ACCESS TO ANY“Visitor’s”THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998. HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA RESERVES THE RIGHT TO DENY ACCESS TO ANY“Visitor’s”OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH “Visitor’s”ACCEPT AS A CONDITION FOR VIEWING, HEALTHOPEDIA.CA AND KITCHENFUNDAMENTALS.CA ARE ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES. THE TERMS & CONDITIONS, PRIVACY POLICY, DISCLAIMERS, & AFFILIATE DISCLOSURE OF HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA MAY CHANGE FROM TIME TO TIME. “Visitor’s”HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW HEALTHOPEDIA.CA & KITCHENFUNDAMENTALS.CA, TO KEEP THEMSELVES INFORMED OF ALL CHANGES ON HEALTHOPEDIA.CA AND KITCHENFUNDAMENTALS.CA. “Visitor’s”ALSO ACKNOWLEDGE IT IS THEIR SOLE RESPONSIBILITY AT ALL TIMES TO STAY INFORMED OF THE LATEST TERMS & CONDITIONS, PRIVACY POLICY, ALL DISCLAIMERS, & AFFILIATE DISCLOSURE FOUND ON HEALTHOPEDIA.CA & KITCHENESSENTIALS.CA

PARTIES TO THE TERMS & CONDITIONS AGREEMENT

Visitors’, viewers, users, subscribers, members, affiliates, third party(ies), customers, and you, collectively referred to herein as“Visitor’s”are parties to this agreement. Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca, and Youtube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta and Paul Racioppa) are parties to this agreement, herein referred to as (“Website”, “we”, “us”, “our”, “the Service”, “Service”, “purchase” and “the Site”).

 

USE OF INFORMATION FROM THE “Website”

 

Unless“Visitor’s”have entered into an express written contract with“us”to the contrary, “Visitor’s”, viewers, subscribers, members, affiliates, or customers have no right to use the“Website”information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this “Website”. By viewing the contents of this“Website”, “Visitor’s”agree this condition of viewing and“Visitor’s” also acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.“Visitor’s”  have no rights to use the content of, or portions thereof of the “Website”, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the “Website”may contain, for any reason or for any use whatsoever. “Visitor’s”agree to costs and actual damages for breach of this provision. 

“Visitor’s”warrant that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

 

The“Website”and its contents are owned or licensed by the “Website”owners Salvatore Trotta and Paul Racioppa. Material contained on the“Website”must be presumed to be proprietary and copyrighted. “Visitor’s”have no rights whatsoever of the“Website”content. Use of “Website” content for any reason is unlawful unless it is done with express contract or permission of the“Website”owners.

 

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

 

Unless expressly authorized by“Website”,“Visitor’s”may not hyperlink this“Website”, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to“Visitor’s”website for any reason. Further,“Visitor’s”are not allowed to reference the url (website address) of this “Website”in any commercial or non-commercial media without express permission, nor are“Visitor’s”allowed to ‘frame’ the“Website”. “Visitor’s specifically agree to cooperate with the“Website”to remove or de-activate any such activities and be liable for all damages. “Visitor’s”hereby agree to liquidated damages of $250,000.00 United States dollars plus costs and actual damages for violating this provision.

 

 

DISCLAIMER FOR CONTENTS OF“Website”

 

The“Website”disclaims any responsibility for the accuracy of the content of this“Website”.“Visitor’s”assume all risks in connection with viewing, reading, using, or relying upon this information. Unless“Visitor’s”have otherwise formed an express contract to the contrary with the“Website”, “Visitor’s”have no right to rely on any information contained herein as accurate. The“Website”makes no such warranty.

Purchases

If“Visitor’s”wish to purchase any product or service made available through“the Website”,“Visitor’s”may be asked to supply certain information relevant to“Visitor’s”Purchase including, without limitation, “Visitor’s”credit card number, the expiration date of“Visitor’s”credit card,“Visitor’s”billing address, and “Visitor’s”shipping information.

“Visitor’s”represent and warrant that: (i)“Visitor’s”have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information“Visitor’s”supply to“us”is true, correct and complete.

The“Website” may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting “Visitor’s”information, “Visitor’s”grant“us”the right to provide the information to these third parties subject to“our”Privacy Policy.

“We”reserve the right to refuse or cancel“Visitor’s”order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in“Visitor’s”order or other reasons.

“We”reserve the right to refuse or cancel“Visitor’s”order if fraud or an unauthorized or illegal transaction is suspected.

Product Download

“Our”products, and/or services, excluding recommended products or“our”Amazon Store  are currently delivered by internet download only. After“Visitor’s”purchase has been approved“we”will process“Visitor’s”order. Orders are typically processed within one (1) hour but could take as long as twenty four (24) hours to complete. Once“Visitor’s”order has been processed“we”will send“Visitor’s”a confirmation email using the email address“Visitor’s”provided on“our” order form.

This email will serve as“Visitor’s”electronic purchase receipt and will contain the information“Visitor’s”need to access“our”product downloads.

Downloads from“our”servers are closely monitored to ensure“Visitor’s”are able to successfully access“our” products. While“we”are flexible and allow“Visitor’s”to complete a reasonable number of downloads“we”will not tolerate download abuse.“We”reserve the right to terminate “Visitor’s”access to“our”download servers.

Refund Policy (Digital Goods)

“We”stand behind“our”products and“Visitor’s” satisfaction with them is important to“us”. However, because“our”products are digital goods delivered via internet download and available for instant access“we” typically do not offer refunds.

If“Visitor’s”change their mind about the purchase and  “Visitor’s”have not yet downloaded“our”product,“we” will happily issue“Visitor’s”a refund upon“Visitor’s” request.

Refund requests made after“Visitor’s”have downloaded “our”product are handled on a case by case basis and are issued at“our”sole discretion. Refund requests, if any, must be made within thirty (30) days of“Visitor’s”original purchase.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the“Website”may be governed by rules that are separate from these Terms & Conditions. If“Visitor’s”participate in any “Promotions”, please review the applicable rules as well as“our”Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

 

Warranty Disclaimer

The“Website”and the materials and products on the “Website”are provided “as is” and without warranties of any kind, whether 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 and non-infringement.“We”do not represent or warrant that the functions contained on the “Website”will be uninterrupted or error-free, that the defects will be corrected, or that the“Website”or the server that makes the“Website”available are free of viruses or other harmful components. “We”are constantly updating product and service offerings on the “Website”. “We”may experience delays in updating information on the“Website” and in“our”advertising on other web sites. The information found on the“Website”may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the “Website”and“we”cannot guarantee the accuracy or completeness of any information found on the“Website”.

“We”therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

“We”do not make any warrantees or representations regarding the use of the materials on the“Website”in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to certain“Visitor’s”where this law currently is in effect.

DISCLAIMER FOR HARM CAUSED TO “Visitor’s” COMPUTER OR SOFTWARE FROM INTERACTING WITH THE “Website” OR IT’S CONTENTS. “Visitor’s” ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

 

The“Website”assumes no responsibility for damage to computers or software of the“Visitor’s”or any person the “Visitor’s”subsequently communicates with from corrupting code or data that is inadvertently passed to the“Visitor’s” computer. Again,“Visitor’s”view and interact with this “Website”, or banners or pop-ups or advertising displayed thereon, at his/her own risk.

 

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

 

“Visitor’s”download information from this“Website” at their own risk.  This“Website”makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

Limitation of Liability

“We”shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this “Website”or the performance of the products, even if“we”have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to certain“Visitor’s”where this law currently is in effect.

Typographical Errors

In the event that a product or item is mistakenly listed at an incorrect price,“we” reserve the right to refuse or cancel any orders placed for item and/or products listed at the incorrect price. “We”reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and “Visitor’s”credit card or debit card charged. If“Visitor’s” debit or credit card has already been charged for the purchase and“Visitor’s”order is cancelled, the third party or affiliate of healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) who charged“Visitor’s”for the product/s or service/s may choose to issue a credit to“Visitor’s”debit or credit card account in the amount of the incorrect price, or a credit for a future purchase in the amount charged to“Visitor’s”debit or credit card may be provided to“Visitor’s”instead of crediting back the full amount back to“Visitor’s”debit or credit account from the third party or affiliate who originally charged“Visitor’s”credit card pursuant to the third party and affiliates return policy and at their sole discretion. The“Visitor’s”are responsible with no exception in finding out what the return policy requirements are of each vendor, third party, and/or affiliates product/s or service/s“Visitor’s”are wishing to purchase before making a purchase of a product/s or service/s through Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), The “Visitor’s”acknowledge that by making any purchase through Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) and any vendor, third party or affiliate links on healthopedia.ca, kitchenfundamentals.ca and/or the YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) he/she acknowledges that he/she have read the Terms, Terms & Conditions and Return Policy of Salvatore Trotta, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) and any vendor, third party or affiliate links on healthopedia.ca, kitchenfundamentals.ca and/or the YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) and fully agree without exception to all of the Terms, Terms & Conditions and Return Policies found on Salvatore Trotta, healthopedia.ca, kitchenfundamentals.ca and any vendor, third party or affiliate links on healthopedia.ca, kitchenfundamentals.ca and/or the YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa). The“Visitor’s”also acknowledge that at all times they exempt all liability to Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) by purchasing a product/s or service/s through Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) and “Visitor’s”, the“Visitor’s”to the“Website”accept and agree that all refund concerns, product/s and service/s concerns or legal concerns regarding the sale, pricing, claims, typographical errors, any special or consequential damages that result from the use of, or the inability to use, the product/s or service/s, or the performance of a product/s or service/s sold through Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) will be taken up at all times with the respected vendors, third parties and/or the respected affiliates and/or the manufacturers of the product/s or services/s purchased and“Visitor’s”also accept and agree that under no circumstances will Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) will be held responsible or liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the “Website”and for any recommendations made on the “Website”and our Youtube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), or for the performance and/or inaccurate pricing of the product/s or service/s listed and recommended on the“Website”and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) even if we have been advised of the possibility of such damages. 

Termination of Terms & Conditions

These Terms and Conditions are applicable to“Visitor’s” upon your accessing the“Website”and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by“us”without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

“We”may deliver notice to“Visitor’s”by means of e-mail, a general notice on the site, or by other reliable method to the address“Visitor’s”have provided to“us”. Without exception it is always up to“Visitor’s”to make sure “Visitor’s”email and contact phone number and address are always up to date and it is“Visitor’s”responsibility solely to check back on the“Website”for any changes that may occur to the“Website”, Terms & Conditions, Privacy Policy, Disclaimers, Affiliate Disclosure and/or any other information found on healthopedia.ca, kitchenfundamentals.ca, and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa)

Miscellaneous

“Visitor’s”use of healthopedia.ca, kitchenfundamentals.ca, and  YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) shall be governed in all respects by the laws of the city of Oshawa, Ontario Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.“Visitor’s”agree that jurisdiction over any venue in any legal proceeding directly or indirectly arising out of or relating to the “Website”(including but not limited to the purchase of any items, products or digital downloads) shall be in the City of Oshawa, Ontario Canada or federal courts located in Oshawa, Ontario Canada or the next closest local or federal court to the City Of Oshawa, Province of Ontario and Country Canada. Any cause of action or claim“Visitor’s”may have with respect to the “Website”(including but not limited to the purchase of any product/s or services) must be commenced within one (1) year after the claim or cause of action arises.“Our” failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. “We”may assign its rights and duties under this Agreement to any party at any time without notice to“Visitor’s”.

Use of “Website”

Harassment in any manner or form on the“Website”, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including impersonations of Salvatore Trotta, Healthopedia.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) or other licensed employee, third parties, affiliates, host, or representative, as well as other members or visitors’on the site is prohibited. “Visitor’s”may not upload to, distribute, or otherwise publish through the“Website”any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. “Visitor’s” may not upload commercial content on the“Website”or use “the Site”to solicit others to join or become members of any other commercial online service or other organization.

 

Participation Disclaimer

“We”and/or Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) do not and cannot review all communications and materials posted to or created by users accessing“the Site”, and is not in any manner responsible for the content of these communications and materials. “Visitor’s”acknowledge that by providing“Visitor’s”with the ability to view and distribute user-generated content on“the Site”, Salvatore Trotta, Paul Racioppa healthopedia.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the“Website”. However, Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) in its sole discretion.

 

Indemnification

“Visitor’s”agree to indemnify, defend, and hold harmless Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) its officers, directors, employees, agents, licensors, suppliers, third party providers, affiliates and their respective employees (collectively the “Service Providers” or“Service”or“Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to “Visitor’s”account (including negligent or wrongful conduct) by“Visitor’s”or any other person accessing the“Website” using“Visitor’s”internet account and/or website IP address.

Third-Party Links

In an attempt to provide increased value to our “Visitor’s”, Salvatore Trotta, healthopedia.ca, kitchenfundamentals.ca, and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) may link to sites (also will refer in these Terms & Conditions to meaning websites) operated by third parties. However, even if the third party is affiliated with Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa). These linked sites are only for“Visitor’s” convenience and therefore“Visitor’s”access them at “Visitor’s”own risk. Nonetheless, Salvatore Trotta, Paul Racioppa, healthopedia.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) seeks to protect the integrity of its“Website”and the links placed upon them and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

  1. BINDING EFFECT.

This is a binding agreement. By using the Internet site located at https://healthopedia.ca and/or https://kitchenfundamentals.ca (“the Site”) or any services, products, recommendations, advice, content, material, articles, videos, links provided in connection with“the Site”(“the Service”),“Visitor’s”agree to abide by these Terms & Conditions, as they may be amended by“us”from time to time at“our”sole discretion. It is solely“Visitor’s” responsibility to review and keep up to date with the Terms & Conditions, Privacy Policy, Disclaimers, and Affiliate Disclosure and“Visitor’s”acknowledge and agree that “Visitor’s”will review the Terms & Conditions, Privacy Policy, Disclaimers, and Affiliate Disclosure periodically for any updates, and if at any time“Visitor’s”find these Terms & Conditions, Privacy Policy, Disclaimers, and/or Affiliate Disclosure unacceptable,“Visitor’s”must immediately leave “the Site”and cease all use of “the Service”and“the Site”. 

 “Visitor’s”AGREE THAT BY USING“the Service” “Visitor’s”REPRESENT THAT“Visitor’s”ARE AT LEAST 19 YEARS OLD AND THAT“Visitor’sARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. 

  1. PRIVACY POLICY.

 We respect“Visitor’s”privacy and permit“Visitor’s”to control the treatment of“Visitor’s”personal information. A complete statement of“our”current privacy policy can be found by clicking the “privacy policy” link at the bottom of“the Site”pages. “Our”Privacy Policy is expressly incorporated into this Agreement by this reference.

  1. USE OF SOFTWARE.

“We”may make certain software available to“Visitor’s”from“the Site”. If “Visitor’s”download software from“the Site”, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to“Visitor’s”by“us”and/or the respected software company for“Visitor’s”personal, non-commercial, home use only. “We”do not transfer either the title or the intellectual property rights to the“Software”, and“we” retain full and complete title to the“Software”as well as all intellectual property rights therein.“Visitor’s”may not sell, redistribute, or reproduce the“Software”, nor may“Visitor’s”decompile, reverse-engineer, disassemble, or otherwise convert the “Software”to a human-perceivable form. All trademarks and logos are owned by“us”or its licensors and“Visitor’s”may not copy or use them in any manner.

 

  1. “User Content”.

“Visitor’s”grant “us”an irrevocable license to keep and use the materials“Visitor’s”post also known as (“User Content”) to“the Site”or  “the Service”. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to“the Site”or“ the Service”,“Visitor’s”are granting“us”, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use “User Content”in connection with the operation of the Internet business of Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat“User Content”.“Visitor’s”will not be compensated for any“User Content”.“Visitor’s”agree that“we”may publish or otherwise disclose“Visitor’s”name in connection with“Visitor’s”“User Content”. By posting“User Content”on “the Site”or “the Service”,“Visitor’s”warrant and represent that“Visitor’s”own the rights to the “User Content” or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute “User Content”.

  1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

When accessing“the Site”or using“the Service”,“Visitor’s”agree to obey the law and to respect the intellectual property rights of others. “Visitor’s”use of the“the Service”and“the Site” is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. “Visitor’s”agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of“Content”owned by Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. “Visitor’s”agree to abide by laws regarding copyright ownership and use of intellectual property, and“Visitor’s”shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any “User Content “Visitor’sprovide or transmit, or that is provided or transmitted using“Visitor’s”User ID. The burden of proving that any“User Content”does not violate any laws or third party rights rests solely with“Visitor’s”.

  1. INAPPROPRIATE CONTENT.

“Visitor’s”shall not make the following types of“User Content”available.“Visitor’s”agree not to post, upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.“We”reserve the right to terminate“Visitor’s”receipt, transmission, or other distribution of any such material using“the Service”, and, if applicable, to delete any such material from its servers. Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), third parties, associates, affiliates and its employees or its representatives intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms & Conditions or of any applicable laws.

  1. ALLEGED VIOLATIONS.

“We”reserve the right to terminate“Visitor’s”use of “the Service”and/or“the Site”. To ensure that‘we”provide a high quality experience for“Visitor’s”and for other users of “the Site”and“the Service”,“Visitor’s”agree that Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), third parties, associates affiliates, its employees or its representatives may access“Visitor’s”account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of “the Site”or“the Service”.“We”do not intend to disclose the existence or occurrence of such an investigation unless required by law, but“we”reserve the right to terminate“Visitor’s”account or“Visitor’s”access to“the Site”immediately, with or without notice to“Visitor’s”, and without liability to“Visitor’s”, if “we”believe that“Visitor’s”have violated any of the Terms & Conditions, furnished“us”with false or misleading information, or interfered with use of“the Site”or“the Service”by others.  

 

  1. NO WARRANTIES. 

WE HEREBY DISCLAIM ALL WARRANTIES. SALVATORE TROTTA, PAUL RACIOPPA, HEALTHOPEDIA.CA, KITCHENFUNDAMENTALS.CA AND YOUTUBE CHANNELS: (HEALTHOPEDIA, KITCHEN FUNDAMENTALS AND EAT RIGHT – LIVE HEALTHY! OWNED BY SALVATORE TROTTA & PAUL RACIOPPA), ALONG WITH ALL THIRD PARTIES, AFFILIATES, IT’S EMPLOYEES OR IT’S REPRESENTATIVES ASSOCIATED WITH“us”IS MAKING“the Site”AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. “Visitor’s”ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE,“The Site”OR “the Service”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SALVATORE TROTTA, PAUL RACIOPPA, HEALTHOPEDIA.CA, KITCHENFUNDAMENTALS.CA, AND YOUTUBE CHANNELS: (HEALTHOPEDIA, KITCHEN FUNDAMENTALS AND EAT RIGHT – LIVE HEALTHY! OWNED BY SALVATORE TROTTA & PAUL RACIOPPA), ALONG WITH ALL THIRD PARTIES, AFFILIATES, IT’S EMPLOYEES OR IT’S REPRESENTATIVES ASSOCIATED WITH US EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING“The Site”, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SALVATORE TROTTA, PAUL RACIOPPA, HEALTHOPEDIA.CA, KITCHENFUNDAMENTALS.CA AND YOUTUBE CHANNELS: (HEALTHOPEDIA KITCHEN FUNDAMENTALS AND EAT RIGHT – LIVE HEALTHY! OWNED BY SALVATORE TROTTA & PAUL RACIOPPA), ALONG WITH ALL THIRD PARTIES, AFFILIATES & IT’S EMPLOYEES OR IT’S REPRESENTATIVES ASSOCIATED WITH“Us”DOES NOT WARRANT THAT“The Site”OR“the Service”WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF “The Site”OR“the Service” WILL BE UNINTERRUPTED OR ERROR-FREE.

  1. LIMITED LIABILITY. 

“Our”LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SALVATORE TROTTA, PAUL RACIOPPA, HEALTHOPEDIA.CA, KITCHENFUNDAMENTALS.CA AND YOUTUBE CHANNELS: (HEALTHOPEDIA, KITCHEN FUNDAMENTALS AND EAT RIGHT – LIVE HEALTHY! OWNED BY SALVATORE TROTTA & PAUL RACIOPPA), ALONG WITH ALL THIRD PARTIES, AFFILIATES & IT’S EMPLOYEES OR IT’S REPRESENTATIVES ASSOCIATED WITH“Us”BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF “The Site”OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO“Visitor’s”BY“Us”. 

BY VIEWING, USING, OR INTERACTING IN ANY MANNER WITH SALVATORE TROTTA, PAUL RACIOPPA, HEALTHOPEDIA.CA, KITCHENFUNDAMENTALS.CA AND YOUTUBE CHANNELS: (HEALTHOPEDIA, KITCHEN FUNDAMENTALS AND EAT RIGHT – LIVE HEALTHY! OWNED BY SALVATORE TROTTA & PAUL RACIOPPA), INCLUDING BANNERS, ADVERTISING, POP-UPS, OR DOWNLOADS, AND AS A CONDITION OF“The Site”TO ALLOW HIS/HER LAWFUL VIEWING,“Visitor’s”FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL DESCRIPTION BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR BUSINESS IN NATURE.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

  1. AFFILIATED SITES.

 Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals,  and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) have no control over, and no liability for any third party websites or materials. Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) work with a number of partners, third parties, associates and affiliates whose internet sites may be linked with“the Site”. Because neither Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) nor“the Site”have control over the content and performance of these partner and affiliate internet sites, Salvatore Trotta, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) make no guarantees about the accuracy, currency, content, or quality of the information provided by such internet sites, and  assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those internet sites. Similarly, from time to time in connection with“Visitor’s”use of “the Site”,“Visitor’s”may have access to content items (including, but not limited to, websites) that are owned by third parties and affiliates.“Visitor’s”acknowledge and agree that Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party and/or affiliate and anyone else’s content, and that, unless expressly provided otherwise, these Terms & Conditions shall govern“Visitor’s”use of any and all third party, affiliate and any others content.

  1. PROHIBITED USES.

Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) imposes certain restrictions on“Visitor’s”permissible use of “the Site”and“the Service”. “Visitor’s”are prohibited from violating or attempting to violate any security features of“the Site”or“the Service”, including, without limitation, (a) accessing content or data not intended for“Visitor’s”, or logging onto a server or account that“Visitor’s”are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of“the Service”,“the Site”, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to“the Site or“ the Service”, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using“the Site”or“the Service”to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using“the Service”; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca, and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) in providing“the Site”or“ the Service”. Any violation of system or network security may subject“Visitor’s”to civil and/or criminal liability.

  1. INDEMNITY.

“Visitor’s”agree to indemnify Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca, and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) for certain of“Visitor’s”acts and omissions. “Visitor’s”agree to indemnify, defend, and hold harmless Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals, and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from“Visitor’s”access to or use of“the Site”,“Visitor’s”violation of these Terms & Conditions, or“Visitor’s”infringement, or infringement by any other user of“Visitor’s”account, of any intellectual property or other right of any person or entity. 

“Visitor’s”agree that in the event he/she causes damage, which Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals, and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) and/or any of its affiliates, officers, directors, employees, consultants, agents, and representatives associated with Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals, and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) is required to pay for the“Visitor’s”damage  , as a condition of viewing,“Visitor’s”promise to fully reimburse Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa), and any others who are connected to healthopedia.ca, kitchenfundamentals.ca, and Youtube Channels: (Healthopedia, Kitchen Fundamentals, and Eat Right – Live Healthy! Owned by Salvatore Trotta and Paul Racioppa) such as its affiliates, officers, directors, employees, consultants, agents, and representatives for all incurred damages and expenses charged to website   

  1. COPYRIGHT.

All contents of“ the Site”or“ the Service” are: Copyright © All rights reserved.

  1. GOVERNING LAW.

 These Terms & Conditions shall be construed in accordance with and governed by the laws of Canada, within the Province of Ontario and within the City of Oshawa,  without reference to their rules regarding conflicts of law.

  1. SEVERABILITY: WAIVER.

If, for whatever reason, a court of competent jurisdiction finds any Term or Condition in these Terms & Conditions to be unenforceable, all other Terms and Conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  1. NO LICENSE.

 Nothing contained on“the Site”should be understood as granting“Visitor’s”a license to use any of the trademarks, service marks, content, materials, videos, articles, or logos owned by us or by any third party.

  1. MODIFICATION.

“We”may, in its sole discretion and without prior notice, (a) revise these Terms & Conditions, Privacy Policy, Disclaimers, and/or Affiliate Disclosure (b) modify“the Site”and/or the“Service”; and (c) discontinue “the Site”and/or“ the Service”at any time.“We”shall post any revision to these Terms & Conditions, Privacy Policy, Disclaimers, and/or Affiliate Disclosure  to“the Site”, and the revision shall be effective immediately on such posting. The“Visitor’s”agree to review these Terms & Conditions, Privacy Policy, Disclaimers, and/or Affiliate Disclosure and other online policies posted on“the Site”periodically to be aware of any revisions and also acknowledge and agree it is solely the“Visitor’s”responsibility to check“the Site”for any updates to Terms & Conditions, Policies, Disclaimers and/or Disclosures and keeping up to date with them without any notice to the“Visitor’s”from“the Site”. The “Visitor’s”agree that, by continuing to use or access“the Site”after any new revisions or postings of the Terms & Conditions, Privacy Policy, Disclaimers and/or Affiliate Disclosure on“the Site”, the new revisions and/or updates take immediate effect and the “Visitor’s”acknowledge and agree“Visitor’s”shall abide by any such revision effective immediately.  

Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) may, at its sole discretion, and with or without notice to“Visitor’s”, make changes to, or discontinue, any aspect of the website healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa)  including, without limitation, the complete website and all content within it, any portion of content, products, services or prices offered through healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) and any of“the Site”third parties and its affiliated links.

18. ACCOUNTS.

When“Visitor’s”create an account with“us”,“Visitor’s” guarantee that you are above the age of 19, and that the information you provide“us”is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on“the Service”.

“Visitor’s”are responsible for maintaining the confidentiality of their account and password, including but not limited to the restriction of access to“Visitor’s” computer and/or account. “Visitor’s”agree to accept responsibility for any and all activities or actions that occur under“Visitor’s”account and/or password, whether“Visitor’s”password is with“ the Service”or a third-party service and/or affiliate link. “Visitor’s”must notify us immediately upon becoming aware of any breach of security or unauthorized use of“Visitor’s”account.

“We”reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in“our”sole discretion.

  1. ACKNOWLEDGEMENT.

 BY USING “the Service” OR ACCESSING “the Site”, “Visitor’s”ACKNOWLEDGE THAT “Visitor’s” HAVE READ THESE TERMS & CONDITIONS IN FULL AND AGREE TO ALL OF THEM AND BE BOUND BY THEM WITHOUT EXCEPTION.

SUBMISSIONS

 

“Visitor’s”agree as a condition of viewing, that any communication between“Visitor’s”and“Website”is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the “Website”without any type of compensation given to the“Visitor’s”for the submission to the “Website” and may be used, without further permission, for commercial and/or non-commercial use without additional consideration of any kind. “Visitor’s”agree to only communicate that information to the“Website”, which it wishes to forever allow the“Website”to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

 

NOTICE

 

No additional notice of any kind for any reason is due“Visitor’s”and“Visitor’s”expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the“Website”.

 

DISPUTES

 

As part of the consideration that the“Website”requires for viewing, using or interacting with this“Website”, “Visitor’s”agree to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, the“Website”including solicitation issues, privacy issues, Disclaimers, Disclosures, and Terms & Conditions issues.

Arbitration shall be conducted pursuant to the rules of the Canadian Arbitration Association which are in effect on the date a dispute is submitted to the Canadian Arbitration Association. Information about the Canadian Arbitration Association, its rules, and its forms are available from the Canadian Arbitration Association, 180 Duncan Mill Road, 4th Floor, Toronto, Ontario, M3B-1Z6 Canada. “Visitor’s”, visitor  viewer, member, subscriber or customer agrees that the Hearing without exception will take place in Oshawa, Ontario Canada or Toronto, Ontario Canada or another City or Province within Canada and at all times the final decision of city and/or venue for the Hearing will solely be at the discretion of Salvatore Trotta and Paul Racioppa. 

 

In no case shall the“Visitor’s”, visitor, viewer, member, subscriber or customer have the right to go to court or have a jury trial. “Visitor’s”, visitor,  viewer, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; “Visitor’s”will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

 

JURISDICTION AND VENUE

 

If any matter concerning“us”and/or“The Website”shall be brought before a court of law, pre- or post-arbitration, “Visitor’s”, visitor, viewer, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the City of Oshawa within the Province of Ontario, Canada. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the address of the City of Oshawa, Province of Ontario, Country Canada.

Governing Law

These Terms & Conditions shall be governed and construed in accordance with the laws of Oshawa, Ontario Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms & Conditions will not be considered a waiver of those rights. If any provision of these Terms & Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms & Conditions will remain in effect. These Terms & Conditions constitute the entire agreement between us regarding our Service (“the Service”), and supersede and replace any prior agreements we might have had between us regarding“the Service”.

APPLICABLE LAW

 

“Visitor’s”, visitor , viewer, member, subscriber or customer agrees that the applicable law to be applied to“us”and the “Website”shall, in all cases, be that of the jurisdiction and laws of the City of Oshawa, Canada. The only exception is if it falls under a provincial or federal matter or issue where no such laws currently exist within the City of Oshawa, Canada then the laws of the Province of Ontario or the Country of Canada will take effect. In this case Provincial law at Provincial level and within the Province of Ontario, Canada  will take precedence over Federal law at Federal level within Canada. If applicable laws for a certain matter or claim against“us”or theWebsite”exist at the City level in the City of Oshawa, Canada and Provincial level within the Province of Ontario, Canada and at the Federal level within the Country of Canada, the City level of the City of Oshawa, Canada will always take precedence with no exception. The next precedence will go to the Provincial law at Provincial level within the Province of Ontario, and lastly to Federal law level at Federal level within Canada.   Any action against the “Website”arising from the use of the Website”and the provisions of these Terms and Conditions must be brought by“Visitor’s”exclusively in the city of Oshawa, Ontario Canada or federal courts located in Oshawa, Ontario Canada or closest city to Oshawa, Ontario Canada.

FOOD AND DRUG ADMINISTRATION/HEALTH CANADA/CANADA FOOD INSPECTION AGENCY DISCLAIMER

The information, statements, dietary and culinary advice, supplement and other oral and non oral substance recommendations, therapy recommendations and all other  advice, recommendations, and/or materials, articles, videos, links, affiliates, equipment, products and devices discussed on healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta and Paul Racioppa) have not been evaluated and/or tested by the Food & Drug Administration, Health Canada, Canada Food Inspection Agency or any other medical body or like agency of any other country. Risks that might be determined by such testing are unknown. 

Medical Disclaimer:

As a personal wellness, health and cooking informational websites, healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta and Paul Racioppa) may feature various self-assessments, instructional self help cooking and health articles, videos and/or recommendations, cooking, nutrition and lifestyle advice, as well as references to cooking research and practices and medical research and practices. The information contained on healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) is intended as informational content and provide informational learning tools that“Visitor’s”can view and use to try to improve“Visitor’s”culinary knowledge and cooking skills and to help in recommending healthy diet and lifestyle choices, along with providing current health discoveries and news from around the world so as to assist in helping“Visitor’s”live a healthy lifestyle and maximize“Visitor’s”quality of life. At no time does using the“Website”by the“Visitor’s”establish a coach-client relationship with Salvatore Trotta, Paul Racioppa, healthopedia.ca, kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) or its licensors, third parties, affiliates or any of its associates, or employees.  The information on this “Website” is not intended to and does not replace a one-on-one relationship with a licensed qualified health care professional, their medical licensed primary care physician and/or other medical licensed primary care physician and is not intended as medical advice. It is intended as a sharing of knowledge and information from the research and experience of Salvatore Trotta, Paul Racioppa and their community. Salvatore Trotta and Paul Racioppa are not intending to or facilitating personal medical advice at anytime. Salvatore Trotta and Paul Racioppa are not Medical Doctors or medical providers, as such the websites healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) do not and is not intending at anytime to offer medical advice, diagnosis, and/or act as a prescriber of treatment for any medical condition the“Visitor’s”may or may not have , and/or medicines or any substance that requires a medical license. Healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta & Paul Racioppa) make no promises, representations, or warranties regarding the suitability of any of its content, research, advice, services, recommendations, products, or offerings for individualized self care or any other individualized self help means or matter. Healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta and Paul Racioppa) do not aim to diagnose, treat, cure or prevent any illness or disease. If“Visitor’sare pregnant, nursing, taking medication or have a medical condition, they must consult their medical licensed primary care physician before using any supplements, oral and non oral substances, before starting any therapy, using any products, devices, equipment or before following any information, material, recipes, statements, recommendations, articles and videos on healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta and Paul Racioppa).“Visitor’sshould always consult their medical licensed primary care physician before starting any fitness, nutrition, supplement or lifestyle program or making any changes to their diet and with any questions they may have regarding a medical condition and/or medical concern. If “Visitor’s”have or suspect that they have a medical problem, they should promptly contact their medical licensed primary care physician. “Visitor’s”should never disregard professional medical advice from a medical licensed primary care physician or delay in seeking it because of something)“Visitor’s have viewed and/or read on the“Website”.“Visitor’s” must consult with their own medical licensed primary care physician in determining if the methodologies, recommendations, suggestions, advice, therapies, health discoveries and other health news viewed, found, mentioned and/or discussed on the “Website” are appropriate for them and any conditions they may have. The material and info found on the “Website” is provided and shared for general informational purposes only and do not constitute legal, medical, or other professional advice on any subject matter.  The content of healthopedia.ca and kitchenfundamentals.ca and YouTube Channels: (Healthopedia, Kitchen Fundamentals and Eat Right – Live Healthy! Owned by Salvatore Trotta and Paul Racioppa) is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Visitor’sshould not disregard, or delay in obtaining, medical advice for any medical condition they may have, and at all times without exception should seek the assistance of their medical licensed primary care physician and/or other medical licensed primary care physician specializing in the area of any such concerns or for any such conditions they may have and/or feel they may have.

CONTACT INFORMATION

 

If you have any questions regarding the Terms & Conditions, Privacy Policy, Disclaimers or Affiliate Disclosure found on healthopedia.ca and kitchenfundamentals.ca please email us at admin@healthopedia.ca and admin@kitchenfundamentals.ca