Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by StephenCabral.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by StephenCabral.com or otherwise.
By submitting Content to StephenCabral.com for inclusion on this Website, you grant Stephen Cabral a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
Without limiting any of those representations or warranties, StephenCabral.com has the right (though not the obligation) to, in StephenCabral.com’s sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any StephenCabral.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. StephenCabral.com will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
StephenCabral.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, StephenCabral.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. StephenCabral.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Visitors further acknowledge understanding that:
All articles, information, and resources published by Stephen Cabral are based on the individual author’s opinion and are meant to motivate readers to make their own nutrition and health decisions after consulting with their health care provider. Authors are not doctors, lawyers or medical professionals, and all readers should consult a doctor before making any health changes, especially any changes related to a specific diagnosis or condition. No information on this site should be relied upon to determine diet, make a medical diagnosis or determine a treatment for a medical condition. All information contain in individual e-books is the sole opinion of the author and copyright is owned by each author.
Any statements or claims about the possible health benefits conferred by any foods or supplements within these ebooks have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Some of the links in text, print or images on this site or within individual e-books may be affiliate links. In this case, the author will receive a small commission if something is purchased through these links.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which StephenCabral.com links, and that link to StephenCabral.com. Stephen Cabral does not have any control over those non-StephenCabral.com websites and webpages, and is not responsible for their contents or their use. By linking to a external website or webpage, Stephen Cabral does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Stephen Cabral disclaims any responsibility for any harm resulting from your use of non-Stephen Cabral websites and webpages.
Copyright Infringement and DMCA Policy
As Stephen Cabral asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by StephenCabral.com violates your copyright, you are encouraged to notify Stephen Cabral in accordance with Stephen Cabral’s Digital Millennium Copyright Act (“DMCA”) Policy. StephenCabral.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Stephen Cabral will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Stephen Cabral or others. In the case of such termination, Stephen Cabral will have no obligation to provide a refund of any amounts previously paid to Stephen Cabral.
This Agreement does not transfer from Stephen Cabral to you any Stephen Cabral or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Stephen Cabral. Stephen Cabral, StephenCabral.com, Stephen Cabral, the StephenCabral.com logo, and all other trademarks, service marks, graphics and logos used in connection with StephenCabral.com, or the Website are trademarks or registered trademarks of Cabral Research, LLC or StephenCabral.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Stephen Cabral or third-party trademarks.
Stephen Cabral reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Stephen Cabral may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Stephen Cabral may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Stephen Cabral Meals account (if you have one), you may do so within the dashboard of that site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Stephen Cabral and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Stephen Cabral nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Stephen Cabral, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Stephen Cabral under this agreement during the twelve (12) month period prior to the cause of action. Stephen Cabral shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Stephen Cabral, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Stephen Cabral and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Stephen Cabral, or by the posting by Stephen Cabral of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Warren County, Kentucky. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Warren, Kentucky, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Stephen Cabral may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is critically important to us. At Stephen Cabral I have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of one of our services.
Cabral Research, LLC. (“Stephen Cabral”) operates the website for Stephen Cabral. It is Stephen Cabral’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Stephen Cabral collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Stephen Cabral’s purpose in collecting non-personally identifying information is to better understand how Stephen Cabral’s visitors use its website. From time to time, Stephen Cabral may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Stephen Cabral also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on StephenCabral.com blogs. Stephen Cabral only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Stephen Cabral’s websites choose to interact with Stephen Cabral in ways that require Stephen Cabral to gather personally-identifying information. The amount and type of information that Stephen Cabral gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a member account at Stephen Cabral Meals to provide a username and email address. Those who engage in transactions with Stephen Cabral – by purchasing access to meal plans or affiliate promotions – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Stephen Cabral collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Stephen Cabral. Stephen Cabral does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Protection of Certain Personally-Identifying Information
Stephen Cabral discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Stephen Cabral’s behalf or to provide services available at Stephen Cabral’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Stephen Cabral’s websites, you consent to the transfer of such information to them. Stephen Cabral will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Stephen Cabral discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Stephen Cabral believes in good faith that disclosure is reasonably necessary to protect the property or rights of Stephen Cabral, third parties or the public at large. If you are a registered user of an Stephen Cabral website and have supplied your email address, Stephen Cabral may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Stephen Cabral and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Stephen Cabral takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Stephen Cabral, or substantially all of its assets, were acquired, or in the unlikely event that Stephen Cabral goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Stephen Cabral may continue to use your personal information as set forth in this policy.
StephenCabral.com has a strict no-ad policy.
By commenting on StephenCabral.com, users and visitors give StephenCabral.com the right to display the comment and any other information that users and visitors make available during the comment process. The Official StephenCabral.com Comment Policy can be viewed here.
(Note, parts of this policy are taken from wordpress.com under their Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and link to WordPress.com somewhere on your site.)