Terms & Conditions, User Agreement, and Privacy Policy for This Mama Cook! On a Diet

These Terms & Conditions, User Agreement, and Privacy Policy (also herein “terms and conditions”, “Agreement” or “agreement”) set forth how This Mama Cooks! On a Diet|This Mama Cooks LLC (also herein, the “Company”, “we”, “us” or “our”) and you the user (also herein, “you”, “your”, “user” or “User”, also in many circumstances may be referred to as “subscriber”, “member”, “VIP”, or “affiliate”, agree to respect and treat each other while and after you are using our website, pages and other information published through thismamacooks.com

2. Copyright & Trademark Notice: Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2004 ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site, or for placing an order through this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

3. No Professional Advice: The beneficial low and no-cost advice shared on our site has been provided for general educational purposes only and for no other purpose. Nothing we provide for you here is intended to replace any form of competent professional advice. If you are in need of professional advice, including medical, mental health, legal, accounting or tax advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular situation and circumstances.

4. No FDA Evaluation: The advice shared in this site has not been evaluated by the US Food & Drug Administration (FDA). The products and methods recommended are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.

5. Federal Trade Commission Disclosure: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: mama at thismamacooks dot com.  

The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that blogger’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

All sponsored content is duly disclosed in accordance with the FTC's requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Company is used in conjunction with these tracking pixels.

6. Policy for Our Giveaways:
• No purchase(s) necessary to win.
• Giveaways are for U.S. residents only (unless stated otherwise).
• Entrants must be natural persons 18 years of age or older to enter.
• Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person to respond to our free call to action.
• Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam or the like.
• Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.
• We are not responsible for lost or damaged items. Replacement items will not be provided.
• We may, at our discretion, make public the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed.
• Since all of our giveaways are for cash, goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes, and a winner’s tax considerations and any tax or tax-related obligations are entirely their own.
• We reserve the right to end, extend, or change a giveaway for any reason and without prior notice.
• We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.
• In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.
• Odds of winning in one of our giveaways depend on number of entrants.
• Void where prohibited by law.

7. Google and the DoubleClick DART cookie

  • Google, as a third party vendor, uses cookies to serve ads on your site.
  • Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
  • Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

8. Advertising Networks: Company uses third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: networkadvertising.org/managing/opt_out.asp.

9. Amazon Affiliate: All links on this site may be affiliate links and should be considered as such. The Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

10. Google Analytics:  The Company uses Google Analytics to track statistics regarding our audience and website traffic. No personally identifiable information is transferred from the Company to Google Analytics. For more information on Google's Analytics privacy policies, please visit this site.

11. Your information: We may receive and store information that you voluntarily submit through the website for the purpose of subscribing to the Company to receive newsletters, for the purpose of leaving comments on blog posts, or administering sweepstakes, contests or promotions. Examples of information collected for this purpose are your name, email address, and website URL. This information is only captured when you voluntarily enter or opt-in and enter this information for collection.

We may receive and store certain types of usage-related information when you interact with the Company, including but not limited to, your computer's IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

12. Third-Party Use of Personal Information: The Company may provide personal information to an applicable third party in order to provide services. Currently, the Company uses the services of Aweber for delivery of email updates and newsletters. Aweber’s use of your personal information is subject to Aweber’s privacy policy. Your personal information is not shared with any other third-party applications.  Information that does not identify you personally may be provided to other parties for marketing, advertising, or other uses.

13. Personal Information: We will not sell, distribute, or reveal users’ email addresses or other personal information without their consent. This does not include third-party partners, such as those listed above. You can decline to submit personal information at any time. If you decline, we may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to mama at thismamacooks dot com, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

14. Other Terms & Conditions: All of the provisions of our Privacy Policy are incorporated into these Terms and Conditions, and vice-versa. We make no guarantees or warranties about any information on our site, including without limitation any warranty of fitness for a particular purpose. Anyone subscribing to our website or using any of our programs, posts or pages is also agreeing to these Terms and Conditions, and any user providing us their email address in exchange for our delivering any content to them personally or who is registering for one or more of our webinars or videos also is assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may opt out at any time by reply email, if the email was sent directly by us or one of our staff, or otherwise by unsubscribing as provided in the footer of our emails. These terms and conditions will supersede any terms and/or conditions you may have copies of in any form, regardless of whether we have signed them or not. We reserve the right to make changes to this site and these terms and conditions at any time.

15. Governing Law: This agreement shall be construed under the laws of the State of Georgia.

16. Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity or vagueness of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.

17. Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.

18. Arbitration: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in the County of Oconee, State of Georgia, USA or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration.

19. Limitation of Liability: Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of our content, or other performance of services under this Agreement.

20. Indemnification: User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.

21. Counterparts: This agreement may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement; it’s understood that your accessing and using the information on this website constitutes your complete assent (and, as applicable, the assent of the company, group or organization you represent) to all of these terms and conditions.

22. Headings: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement.

END OF TERMS & CONDITIONS & USER AGREEMENT

Updated 11/02/2016