Terms of Service

Please read this Agreement carefully before accessing or using secondactkitchen.com (the “Website”). The Website is owned and operated by Barbara Spalding RDN LLC (“LLC”). By accessing or using any part of the Website, 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 LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years of age. By accessing this Website, you represent that you are at least 13 years of age.

LLC reserves the right to cancel or suspend the operation of the Website at any time, for any reason and without prior notice and shall not be held liable for any modification, suspension or discontinuance of any of its services at any time or for any reasons. LLC, in its sole discretion, may exclude or restrict anyone from access to any or all of its services or contents of the Website at any time, for any reason and without prior notice.

The Website is Informational. LLC provides informational material on food and nutrition, lifestyle, health, travel and related issues. The Website does not provide medical advice, diagnosis or treatment and the information provided on the Website is not intended as a substitute for professional, medical or healthcare advice, diagnosis or treatment. For any questions you may have about any medical condition, please seek the advice of a qualified physician or other qualified health providers. LLC does not recommend or endorse any specific physicians, products, tests, procedures or other information or material which may be presented on the Website.

The material on the Website is provided solely for information purposes and LLC does not guarantee the accuracy of any content, information, products or services offered or discussed on the Website. Barbara Spalding RDN, individually, is not legally liable or responsible for the accuracy, adequacy or completeness of the information provided by any of its employees, partners, associates, sponsors, advertisers or any other sources of content, information, materials, services or products on its Website. Users of the Website are solely responsible for their use and confirmation of the accuracy of any information provided herein and access and use any information available from the Website solely at their own risk. By providing links to other sites, Barbara Spalding RDN LLC does not guarantee, approve, or endorse the information or products available on these sites.

The responsibility of Website Visitors. LLC does not represent or imply that it recommends or endorses the material posted on the Website, or that it believes such material to be accurate, useful or non-harmful. Furthermore, LLC has not reviewed, and cannot review, all of the material which can be accessed via links to third-party websites which may be posted to the Website, and cannot, therefore, be responsible for that material, nor does it represent or imply that it recommends or endorses any material available from third-party websites. 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 contains 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. LLC 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.

The responsibility of Contributors. If you comment on the blog, post material to the Website, post links on the Website, or otherwise 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:

  1.  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;
  2.  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;
  3.  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;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. 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;

By submitting Content to LLC for inclusion on the Website, you grant LLC a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete information you have previously submitted, LLC will work with squarespace.com to use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, LLC has the right (though not the obligation) to, in LLC’s sole discretion (i) refuse or remove any content that, in LLC’s reasonable opinion, violates any LLC policy or is in any way harmful or objectionable.

Copyright Infringement and DMCA Policy. LLC asks others to respect its intellectual property rights, and in turn respects the intellectual property rights of others. If you believe that material located on or linked to by secondkitchen.com violates your copyright, please notify LLC. LLC will exercise best efforts to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Intellectual Property. All information and materials included on the Website are the sole and exclusive property of LLC. If you wish to use, transfer, link to or transmit any of the information which appears on the Website, please contact LLC to obtain prior permission.

Notices: If you wish to contact LLC as described in paragraphs 4 and 5 above, please use the following  address:

Barbara Spalding RDN LLC
301 N. Harrison Street, Ste. 9F #394
Princeton, NJ 08540

Changes. LLC 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. LLC may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. LLC 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. 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.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental  area,  regarding  online  conduct  and  acceptable  content,  and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless LLC, 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.

Miscellaneous. This Agreement constitutes the entire agreement between LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LLC, or by the posting by LLC 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 New Jersey, 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 Mercer County, NJ. 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 New Jersey, 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; LLC 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.