Fit Piglet

Your Privacy
This privacy policy (this "Privacy Policy") sets out the privacy policies and practices for Fit Piglet LLC and Fit Piglet's Freshitarian™ Kitchen Inc., and its subsidiaries and affiliates, with respect to how this website collects personal information. It also describes how said companies maintain, use, and disclose personal information. This Privacy Policy applies to information collected from you by Fit Piglet via this website and other websites operated or provided by Fit Piglet, including www.FitPiglet.com, www.FitPigletsFreshitarianKitchen.com, various subdomains (collectively, the "Sites"); our retail store, store.FitPiglet.com; our blog, Blog.FitPiglet.com; and other places where we may collect personal information. This Privacy Policy also sets out how you can access certain information that Fit Piglet may collect about you. In this Privacy Policy, "personal information" means information or opinions about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws.

Please note that the Sites may contain links to other third party websites that are not controlled or operated by Fit Piglet. This Privacy Policy does not apply to such third party websites, and Fit Piglet is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore, Fit Piglet encourages you to request and review the privacy policies of any third parties upon disclosing your personal information to such parties or when visiting such third party websites.

Consent
BY SUBMITTING PERSONAL INFORMATION TO FIT PIGLET OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT FIT PIGLET MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Fit Piglet at the address provided below. If you refuse or withdraw your consent, you acknowledge that Fit Piglet may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

Revisions to This Privacy Policy
Fit Piglet reserves the right, in Fit Piglet’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Fit Piglet will treat your continued use of the Sites following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Fit Piglet will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

This Privacy Policy was last updated December 10, 2012.

Collection of Your Information
Fit Piglet may collect personal information in connection with your use or purchase of Fit Piglet’s products and services, including at the Stores or through your use of the Sites, which may include information provided in connection with the following activities:
Registering or filling in forms on the Sites or the Store This includes information you may provide when you request additional information about Fit Piglet’s products and services or sign up to receive Fit Piglet’s e-mail newsletters or coupons.

Completing a profile to the Sites.
Purchasing any product or service from Fit Piglet, whether at a Store or through the Sites. Providing design or product feedback or making other submissions to Fit Piglet. Requesting information or assistance from Fit Piglet. Fit Piglet may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications. Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Fit Piglet’s products and services. Participating in consumer contests, sweepstakes and other promotions. Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use). The personal information that Fit Piglet may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile or in other communications to Fit Piglet. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Fit Piglet.
Fit Piglet may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites, the routes by which users access the Sites and use of any hyperlinks available on the Sites. Fit Piglet or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and the Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

Cookies
Like many websites, Fit Piglet utilizes “cookies” to maintain a record of your visit to the Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Fit Piglet with personal information.

Cookies help Fit Piglet to improve the Sites and to deliver more personalized service by enabling Fit Piglet to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Fit Piglet’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.

IP Addresses
An IP address is a computer's numeric address, by which it can be located within a network. Fit Piglet may record your IP address when you visit or use services or features on the Sites. Fit Piglet may use your IP address for the purposes noted above, and also to help diagnose problems with Fit Piglet’s server, or to administer the Sites. Fit Piglet may also use your IP address to identify you when Fit Piglet feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, systems, information, employees, service providers, business partners, users, customers and others.

Protection of Your Information
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Fit Piglet uses physical, technological and administrative procedures to protect the personal information that Fit Piglet collects from loss, unauthorized access, modification, disclosure or other misuse.

Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Sites may be read or intercepted by others. If you have any questions about the security of personal information collected by Fit Piglet, please contact: info@FitPiglet.com.

You should also be aware that certain aspects of the Sites are not confidential and are available for public viewing. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites are not confidential and may be viewed by other users of the Sites. By making personal information publicly available where the Sites allow you to do so, you consent to such publication by Fit Piglet or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

Use of Your Personal information
Upon Fit Piglet’s collection of your personal information, Fit Piglet may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:
To develop, enhance, market, sell or otherwise provide information, products or services; To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Fit Piglet including the Store and on or through the Sites; To conduct or administer contests, sweepstakes or other promotions in which you have participated; To contact you and to respond to any communications that you may have had with us; To troubleshoot problems with the Sites; To customize your experience or homepage on the Sites; To develop and manage Fit Piglet's business and operations; To enforce Fit Piglet’s Terms of Use or comply with this Privacy Policy; To detect and protect Fit Piglet and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Fit Piglet’s policies and contractual obligations; To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Fit Piglet; As permitted by, and to comply with, any legal or regulatory requirements or provisions; or To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if Fit Piglet is required to do so by law or legal process or if Fit Piglet determines, in its sole discretion, that such action is necessary to protect the rights of Fit Piglet, third parties, and other users of the Sites or for purposes of responding to your request for customer service. For any other purpose to which you consent.
Personal information collected by Fit Piglet may be transferred to, stored and processed in the United States, Canada, Hong Kong or Australia. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

Disclosure of Your Information
Fit Piglet may disclose your personal information to its subsidiaries or affiliates and to third parties whom Fit Piglet hires to provide services on Fit Piglet’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Fit Piglet’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Fit Piglet will only provide those third parties with the personal information that they need to deliver the services to Fit Piglet and/or on Fit Piglet’s behalf. In the event that Fit Piglet is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Fit Piglet, you consent to your personal information and any other information Fit Piglet may have collected being transferred to another party in connection with such transaction. You also consent to Fit Piglet disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Fit Piglet’s business or operations; as consented to, by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

Retention of Your Personal information
The personal information that you provide will be retained by Fit Piglet in accordance with applicable laws. However, Fit Piglet will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Fit Piglet business purposes.

Children's Privacy
Fit Piglet recognizes the privacy interests of children and Fit Piglet encourages parents and guardians to take an active role in their children's online activities and interests. Fit Piglet does not target its services or the Sites to children under 18. Fit Piglet does not knowingly collect personal information from children under the age of 18.

By using our Website, you agree to these Terms and Conditions of Use ("Terms & Conditions").

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them.

Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites, www.FitPiglet.com, www.FitPigletsFreshitarianKitchen.com, blog.FitPiglet.com, and our store, store.FitPiglet.com, (collectively known as the Sites and Store) which are owned or operated by Fit Piglet LLC and Fit Piglet's Freshitarian™ Kitchen Inc., and our affiliates (collectively, "we," "us," or "our"), including, without limitation, these Sites and Stores, and website that we may own or operate in the future. For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Fit Piglet LLC, Fit Piglet's Freshitarian Kitchen Inc., and its subsidiaries.

General Terms & Conditions
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate access to our Sites and Store (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Sites and Store, including, but not limited to, (i) restricting the time the Sites and/or Store are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Sites and/or Store. You agree that any termination or cancellation of your access to, or use of, the Sites and/or Store may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Sites and/or Store. Furthermore, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Sites and/or Store. From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Sites and/or Store to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Sites and/or Store and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that these Sites and Stores contain information, software, photos, video, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Sites and Store are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

Privacy
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy.

Submissions
If, at our request or on your own, you send, email, post or otherwise transmit to us or Sites and/or Store, any Content, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on these Sites and/or Store retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Health Disclaimer
The Fit Piglet and Fit Piglet's Freshitarian Kitchen Sites and Stores provide wellness information, including but not limited to fitness, weight loss management, nutritional information, recipes, encouragement and inspiration. Any Content published over the Internet is intended only to assist users in their personal wellness efforts. Fit Piglet LLC or Fit Piglets Freshitarian Kitchen Inc., is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in these Sites and/or Store should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any wellness effort or weight loss regimen. These Sites and Stores are intended for use only by healthy adult individuals. The Sites and Store are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of wellness/fitness effort or weight loss regimen.

Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THESE SITES AND/OR STORES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER FIT PIGLET LLC OR FIT PIGLET'S FRESHITARIAN KITCHEN INC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THESE SITES AND/OR STORE OR ANY FUNCTION CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES AND/OR STORE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THESE SITES AND/OR STORE ARE DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER FIT PIGLET LLC OR FIT PIGLET'S FRESHITARIAN KITCHEN INC,, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THESE SITES AND/OR STORE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THESE SITES AND/OR STORE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THESE SITES AND/OR STORE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THESE SITES AND/OR STORE OR ANY WEBSITE OR WEBSITES LINKED TO OUR SITES AND STORE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THESE SITES AND /OR STORE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES AND/OR STORE; OR (F) ANY OTHER MATTER RELATING TO OUR SITES AND/OR STORE, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SITES AND/OR STORE. IF YOU AR E DISSATISFIED WITH ANY PORTION OF OUR SITES OR STORE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THESE SITES AND STORE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, hold harmless and, at our option, defend Fit Piglet LLC and/or Fit Piglet's Freshitarian Kitchen Inc., and our affiliates, our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/ or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of these Sites or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of these Sites and/or Store or these Terms & Conditions shall be filed only in the state or federal courts located in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Miscellaneous Terms
In any action against us arising from the use of these Sites and/or Stores, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with the Subscription Agreement (if applicable), are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms & Conditions and the Subscription Agreement, the Subscription Agreement shall control. These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on these Sites and/or Store, or by written agreement of both parties. Each time you access these Sites and/or Store, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.