Agreement to Terms
Savor Health, LLC (“Savor Health”) may change these Terms from time to time. If we do, we will post a notice on the Site’s homepage. Any change of these Terms will be effective immediately upon posting. If you continue to use the Site, you agree to the new Terms, rules and/or policies. Please periodically review these Terms. Remaining informed of any changes to the Terms is the sole responsibility of you, the user. Discontinued use of the Site is your only remedy if you do not agree with the modified Terms, rules and/or policies. If you are purchasing our gift cards you will be subject to the guidelines, terms and agreements applicable to those gift cards.
Returns and Exchanges
Gift certificates are non-refundable.
Unused gift certificates can be transferred to someone else or donated to someone in need.
Savor Health and HIPAA
Unlike a doctor or a health plan, Savor Health is not regulated by the Health Insurance Portability and Accountability Act (HIPAA), a federal law that establishes data confidentiality standards for patient health information. This is because Savor Health does not store data on behalf of health care providers. Instead, our primary relationship is with you.
We do not use behavioral advertising within the Savor Health Site. This means that we do not use persistent cookies or web beacons to track your online activity. We do not sell your information, and we do not share it with other individuals or service providers unless you explicitly authorize us to do so. We use Google Analytics to help us collect and process data. To see how Google uses this data, go to www.google.com/policies/privacy/partners/. (If you want to disable this function on your computer, you can change your browser setting to disallow cookies). The Site may not recognize or respond to “do not track” technologies employed by your browser.
In limited circumstances, we may be required by law or by order of a court of competent jurisdiction to disclose your personal information, and we will comply with such laws or court orders. Your personal data are stored in your secure account and cannot be accessed by others through a search on the Site.
By registering to use this Site, you represent that you have reached the age of majority in the state where you live and that you are legally able to accept these Terms and use the Site in compliance with their terms.
You must be located within the United States and be a resident of the United States to use this Site.
IMPORTANT HEALTH INFORMATION
The Site is a comprehensive oncology nutrition website designed for cancer patients and their caregivers to enable home delivery of nutritious meals, provide information on nutrition and cancer and to facilitate access to credentialed and experienced oncology nutrition professionals. Nothing contained on the Site is intended to provide medical diagnosis or treatment. You may not create a meal delivery account if you: (a) are unable to benefit from home delivery of our meals; (b) have been told by a doctor to follow a sodium restricted diet of less than 2000 mg sodium daily; (c) currently have any of the following medical conditions: acute renal failure, severe dysphagia, bone marrow transplant less than 100 days from today, chronic renal insufficiency, colostomy, end stage kidney disease, end stage liver disease, gastrectomy (stomach removed), gastric bypass surgery less than 365 days from today, HIV+/AIDS, ileostomy.
You should consult your oncologist before ordering our home meal delivery or making any changes in your diet as a result of information on the Site. Those discussions should include any dietary restrictions or existing health conditions that you have (including, but not limited to, diabetes; food allergies; gluten free dietary restriction; Kosher dietary restriction; lactose intolerance; pregnancy; vegan or vegetarian dietary restriction). If there is a change in your medical condition during the time you are ordering our home meal delivery or using the Site in any way, you should promptly consult your physician or oncologist so they can advise you whether you should continue to order home delivery of Savor Health’s meals. Some changes in your medical condition may make it necessary for you to make changes to your diet that are inconsistent with our meals. You should follow the advice of your health care provider.
It is also important to note that all Savor Health home delivered meals are consistent with Academy of Nutrition and Dietetics guidelines. Home delivery of meals is not prescriptive, nor does it replace professional medical advice from your physician, oncologist or dietitian.
STATEMENT REGARDING FOOD ALLERGENS
The eight most common food allergens are as follows: milk, eggs, peanuts, tree nuts (such as almonds, cashews, walnuts), fish (like bass, cod, flounder), shellfish (including crab, lobster, shrimp), soy and wheat. If you are allergic to any of these foods, please be aware that we prepare foods in our kitchens using these ingredients, and while we make every effort not to do so, we cannot guarantee that there will not be any cross contamination with our other meals.
Food allergy reactions can range from mild to severe. If you have food allergies, we caution you to exercise extreme caution when ordering our home delivery meals. If your allergy is moderate to severe we cannot recommend our home delivery meals for you.
If you have any questions regarding food allergens in our home delivery meals please contact our customer service department at email@example.com.
Reliance on Information
The Site includes medical and scientific information, including information created by third parties such as peer reviewed journal articles and abstracts. This information is intended to be educational in nature and is not intended to provide medical advice to any individual. You should rely on the advice of your health care providers to determine the treatments and dietary recommendations that are right for you. Please consult your health care provider before making any changes in reliance on information on the Site.
Account Protection: Your Responsibilities
You do not need an account to use the Site. However, some information and some services are only available if you have an account with us. When setting up your account, you will be asked to create a user name and password. Your user name and password will be used each time you log in to the Site after creating an account. It is your responsibility to maintain the confidentiality and security of your user name and password. In addition, you are solely responsible for all account activity, whether the account is used by you or by any other individual using your password. Should losses be incurred by Savor Health or any other party as a result of your failure to safeguard your user name and password, you agree to indemnify and hold Savor Health harmless for those losses.
Content Posted by You, the User
This Site does not typically include interactive pages where Site users and professional care providers are able to post content to public facing web pages. However, the Site does have a blog where the Site may post information from professionals and others that may be of interest to you. If you comment on a blog post, you can only include content that you created or that the content’s owner or creator has authorized you to include. Content that is illegal or that violates these Terms must not be posted on or distributed using the Site under any circumstances. By the action of posting to or distributing content using the Site, you represent and verify that: (a) you are the owner of all rights to the content or have been authorized to use the content and to post it to the Site, (b) no copyright or other third-party right is infringed upon by the posting or distribution of the content, and (c) the posting or distribution of the content does not violate any applicable law or regulation.
By the act of content submission or commenting on a blog post, you grant to Savor Health, its owners, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to use, reproduce, display, perform, distribute, adapt, and promote the comment in any medium. Savor Health is not obligated to give you any right to inspect or approve uses of any posted content, nor is Savor Health obligated to compensate you for any use of content you have posted to the Site. All right, title, and interest in any compilation, collective work or other derivative work created by Savor Health using or incorporating content posted to the Site is owned exclusively by Savor Health.
Please contact Savor Health promptly at firstname.lastname@example.org if you are aware of any misuse or abuse of the Site by any person.
You should contact your doctor before following any information or advice posted by any user on the Site.
Prohibited Activities on the Site
Users are prohibited from using these services in particular or the Site in general to engage in illegal activities or activities prohibited by these Terms. Savor Health has the right to investigate and terminate the account of, or take appropriate legal action against, anyone who, in Savor Health’s sole discretion, engages in any illegal or prohibited activities. Prohibited activities include – but are not limited to – the following:
- Using the Site for any purpose which violates local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Savor Health in its sole discretion or pursuant to local community standards;
- Impersonating another person or otherwise representing yourself as someone other than yourself;
- Distributing viruses or other harmful computer code;
- Advertising or offering to sell or buy any goods or services for any business purpose;
- Conducting or forwarding surveys, contests, pyramid schemes or chain letters;
- Harvesting or collecting information about others, such as e-mail addresses or names;
- Allowing any other person or entity to use your identification/account/password to post or view comments or to use the Site;
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any conduct which restricts and/or inhibits another person from using or enjoying the Site, or which, at the sole discretion of Savor Health, exposes Savor Health, its customers, or suppliers to any type of liability or detriment.
Savor Health maintains the right-but is not obligated–to do any or all of the following:
- Record dialogue or content posted on any page of the Site;
- Investigate an allegation that a posted item on the Site is in violation of these Terms and remove any violative posting in its sole discretion;
- Remove any and all postings which are abusive, illegal, or disruptive, or that otherwise violate these Terms;
- Terminate a user’s access to the Site upon any violation of these Terms; and
- Monitor, edit, or delete any posting on the Site.
Savor Health Copyrights
All content on the Site is subject to copyright protection as a collective work under the laws of United States and other applicable copyright laws. Savor Health holds the copyright to the collective work. The collective work includes works which may be property of other entities that have been voluntarily posted to the Site or allowed us to post their information on the Site. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the Site without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Savor Health or any third party. You agree not to alter or delete any proprietary notices from materials and content downloaded from the Site. Please be advised that Savor Health actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Savor Health is a service mark of Savor Health, LLC. All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of Savor Health or its vendors, licensors or joint venture partners unless otherwise noted. All other service marks, trademarks and trade names are property of their respective owners. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statues, and other laws, statues and/or regulations.
Third Party Web Sites & Links
This Site contains links and references to other web sites maintained by third parties over whom Savor Health has no control. The links to third party web sites are provided solely as a courtesy and convenience for you. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites. The content of linked web sites is not part of the Site. We do not review or control the content of third party sites. Savor Health makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites. We expressly disclaim any responsibility for the content of any third party sites linked to our Site. If we provide links to other websites, those websites will have different terms and conditions and privacy policies. We urge you to use discretion when you access any third party sites linked to our Site.
If you have a good faith belief that your copyright has been infringed upon by any materials accessible on or from the Site, you can request removal of those materials (or access thereto) from this Site by contacting Savor Health and providing the following information:
- Identification of the copyrighted work you believe to have been infringed. Include the description of the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material on the Site that you believe to be infringing and its location. Please describe the material, and provide us with its URL and other pertinent information that helps to locate the material.
- Your name, street address, telephone number(s), and e-mail address.
- Your written statement of a good faith belief that the complained of use of the materials was not authorized by the copyright owner, its agent, or the law.
- A written statement that all information supplied by you is accurate, and specifying that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by registered mail to Savor Health, LLC, 590 Madison Avenue, Suite 2160, New York, NY 10022, Attention Copyright Matters. In effort to protect copyright owners’ rights, Savor Health has and enforces a policy for the termination of the accounts of users of the Site who are repeat infringers.
These Terms shall be governed in accordance with the laws of the State of New York. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and/or your use of the Site resides in the courts located in the State of New York. You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
In the event that any provision of these Terms is found to be invalid by any court of competent jurisdiction, the invalidity of such provision will not affect the remaining provisions of these Terms, which will remain in effect and fully valid.
The Site and all content on the Site are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, SAVOR HEALTH, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Savor Health makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Savor Health cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Savor Health cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Savor Health cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Savor Health does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
Limitation of Liability
SAVOR HEALTH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE SITE. SAVOR HEALTH AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SAVOR HEALTH HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SAVOR HEALTH AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to release, defend, and hold Savor Health, its officers, directors, employees, agents, licensors, partners, customers, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
Savor Health has the right to terminate your account and access to the Site for any reason and without limitation, including if in its sole discretion Savor Health deems your use of the Site to be unacceptable, or in the event of your violation of the Terms (directly or through violation of other terms and conditions or operating rules which apply to you). Savor Health may, but is not obligated to, provide you with warning prior to termination of your use of the Site. In the event of termination, refund of any prepaid, undelivered meals will be subject to the Savor Health Cancellation Policy.
Savor Health may give notice to you pertaining to these Terms via general user notice posted on the Site, electronic mail to the e-mail address provided by you; or by written notice delivered by first class U.S. mail to the mailing address on record in your Savor Health account. Any notice to Savor Health pertaining to these Terms should be given by registered U.S. mail at: 590 Madison Avenue, Suite 2160, New York, NY 10022.