Terms of Service
Last updated: December 1st, 2022
Please READ carefully. By purchasing accessing this website, the following Terms and Conditions are entered into by Jess Can Eat (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein.
Jess Can Eat (Herein referred to as “Jess Can Eat, Company, we, us, and our”) agrees to provide its Programs (herein referred to as “Programs”) identified on this website. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
You may not order or obtain products or services from this Site if you (i) do not agree to these Terms, (ii) are not the age of majority in your province, state or territory of residence; or (iii) are prohibited from accessing or using this Site or any of our Site’s contents, products or services by applicable law.
These Terms apply to your use of our Site and/or the purchase and sale of products through our Site. These terms are subject to change by us at any time, and without notice to you. Any changes to these Terms will be in effect as of the “Last Updated Date” above, and your continued use of our Site will constitute your acceptance of and agreement to such changes.
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site as a result of any such behaviour that we deem inappropriate.
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
ASSUMPTION OF RISK, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk.
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
If at any time you are required to create a username and password to access our Site, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by us, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
We take copyright infringement seriously. Our company name, trademark(s) (whether registered or not), our logo and all related names, product and service names, designs, images, and slogans are our trademarks. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject you to legal action.
You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:
· your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
· a reasonable number of copies for personal use only may be printed as long as our proprietary and copyright notices are kept intact, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
· in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of our Site or any services or materials available through the Site
If you print off, copy, or download any part of our Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on our Site, and all rights not expressly granted are reserved by us. Any use of our Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that was unforeseeable or unavoidable (which events may include natural disasters, epidemics, pandemics, embargoes, explosions, riots, wars, or acts of terrorism) (each, a "Force Majeure Event"). The party relying on this clause will give the other party written notice as soon as possible of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Force Majeure Event. The party relying on this clause (the “Affected Party”) will use all diligent efforts to mitigate and end the Force Majeure Event, ensure that the effects of any Force Majeure Event are minimized and resume full performance under this Agreement. During the Force Majeure Event, the non-affected Party may similarly suspend its performance obligations until such time as the Affected Party resumes performance. The non-affected Party may terminate this Agreement if such failure or delay continues for a period of 60 consecutive days or more and, if the non-affected Party is Company, receive a refund of any amounts paid to the Influencer in advance for the affected services.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site at any time without notice, and if necessary, block your IP address from further visits to our Site.
Governing Law and Jurisdiction
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
You may not assign any of your rights or obligations under these Terms without our prior written consent.
We may provide any notice to you under these Terms by (i) sending you a message to the email you provide to us and consent to us using; or (ii) by posting to our Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will become effective upon posting. It is your responsibility to keep your email address up-to-date.
If you need to provide us notice under these Terms, you can do so by sending it to email@example.com. Notices provided to us by will be effective when it is sent. Notices sent by registered mail will be effective three business days after they are sent.
All Rights Reserved
If you have any questions about these Terms, please send an email to firstname.lastname@example.org
Last Updated on Dec 1 2022
Jess Can Eat (Jessica Williams) (“Company”, “we”, “our” or “us”) respects your privacy and is committed to protecting it.
· On this Site;
· In email, text and other electronic messages between you and this Site;
· Us offline or through any other means, including on any other website operated by us, or any third party including our affiliates and subsidiaries; or
· Any third party including through any content or advertising that may link to or be accessible from or on the Site.
Use of Site
You must be at least 16 years old to use our Site or the age of majority in your jurisdiction. No one under the age of 16 may provide any information to or on our Site. We do not knowingly collect, use or disclose personal information about visitors under 16 years of age. If you are under 16 years of age you must immediately stop using our Site and not provide any information to us through any function on our Site. If you become aware that we have collected information from anyone under the age of 16 please contact us at Jess@jesscaneat.ca so we may delete that information.
INFORMATION WE COLLECT
Here are some examples of the data we collect. However this may not be a complete list:
Personal Information: Personal identifying information such as your name, billing and/or shipping address, telephone numbers, email addresses, and other demographic information, such as your age and gender.
Financial Information: Financial information (such as credit card or bank account numbers) includes information provided in connection with any transaction you make on our Site.
User Account Information: In order to purchase or access certain Services, we may require you to create a user account and provide your name and/or email address and create a unique password. For your security, we do not have access or knowledge of your password and it is your sole responsibility to keep the password confidential and not share your account details with any other people, including us.
Computer, Browser and Mobile Information: Computer and connection information such as statistics on your page views, traffic to and from the Site, your unique resource locator (“URL”), advertisement data, your internet protocol (“IP”) address, your browsing history, and your Site log information. If you access our Site via your mobile phone, we may collect information about your device, including but not limited to, the model, manufacturer, device identification and your location information.
Social Media Information: We may access personal information from social networking sites and apps, including Information but not limited to, Instagram, Facebook, LinkedIn, YouTube, and Twitter which may include your name, username on any of these platforms, location, email, age, gender, profile picture and any other public information you have included on any of your social media profiles. If you want to limit this data, you should review their privacy and security settings of each social media site and change your privacy settings.
We will not request sensitive information from you at any time. Please do not submit any sensitive data to us, including your social insurance or security number, health data, genetic data, or information related to your ethnic origin, religious beliefs, or criminal history. If you do send us this information, then by doing so you are consenting to our use, storage, and processing of this information in accordance with this Policy.
HOW WE COLLECT YOUR INFORMATION
Information You Voluntarily Provide
We collect information you voluntarily and manually provide when you use our Site, certain content on our Site, sign up for our email list or newsletter, submit a form, send us questions, or interact with us through this Site such as when you provide comments or feedback. Some of the information you manually provide may be personal information, such as your name or email address.
Information from Your Website Browser or Mobile Device
We collect information that is sent to us automatically from your website browser or mobile device, such as your IP address, the name of your operating system, the name and version of your browser, date and time of your visit, page(s) you visit and length of time you spent on each page. The information we receive may depend on your browser or device settings. Information received from your website browser and mobile device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you, or we may combine it with information that does identify you.
We collect information when you visit our Site and through our email communications, by using cookies, pixels, website beacons, tags, and other tracking technologies to collect information about your engagement, as well as your browsing and purchasing behaviour. These tracking technologies include:
● Clickstream Data: Through Site access logs we collect your URL, clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying Site usage data, such as the number of hits and visits to the Site. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to our users. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third-parties for data processing and analyzing.
● Cookies: Cookies collect data sent to us by your computer about (i) the way you interact with our Site, such as when you use certain features or download attachments; (ii) collect data to assess and improve our marketing and advertising; (iii) allow partners and third-parties to use these tracking technologies to track your use of our Site, including on multiple devices; (iv) collect statistical data such as how long you stay on a certain webpage on our Site and the location from where you access our Site. All of this information helps us to improve the Services, provide content based on the interests of our users and improve the functionality of our Site. Most browsers are set to accept cookies by default. In addition, when you first encounter our Site, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our Site. More detailed information about cookie management with specific website browsers can be found at the browsers’ respective websites.
● Website Beacons or Pixels. These are small graphics that help us understand browsing activity and provide a better user experience. Unlike cookies, website beacons and pixels are non-identifiable when you visit a website page.
● Social Widgets. These buttons are provided by third-party social media providers that allow you to interact and access certain social media services when you view a page on our Site. These widgets may collect browsing data, which may be sent to the respective third-party social media provider.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Ability to OPT-OUT of Tracking
We also may use the above-mentioned technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We respect your decision if you want to opt-out of tracking for this website. If you choose to opt-out some features of this Site, or future features of this Site may not work properly. For example, you may not be able to share content from our Site to social media sites etc.
To learn how to turn tracking on or off on your device, you can visit the following websites:
Turn “Do Not Track” on or off/Android
Turn “Do Not Track” on or off/Mac
HOW WE USE AND DISCLOSE YOUR INFORMATION
Use of Information
We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our own legitimate business interest. Generally, the purpose of collecting your information through our Site is to:
● Provide our Site and its contents to you;
● To provide you with information, products or services that you request from us;
● To carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection;
● Collect statistical data and analyze trends for our use, and for use by third-parties to better understand your needs and interests;
● Improve our Services, marketing and promotional efforts or troubleshoot issues on our Site;
● Contact you with special offers, newsletters, information advertisements of third parties and content we believe will be of interest to you which in some instances may be in exchange for a commission to be paid to us by such third parties (if you opt to take part in such promotions, the third parties will receive your information);
● To allow you to participate in interactive and social features on our Site;
● Improve the content, functionality and usability of this Site and provide a tailored and personalized experience for you when you visit our Site;
● Prevent fraudulent activities and security breaches;
● Resolve disputes and assist law enforcement when necessary or respond to any legal claims or otherwise comply with our legal obligations; and
● For any other purpose with your consent.
We may also use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclosure your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of your Information
● Administering our Site and various tasks such as payment processing, hosting services, email delivery, communications and customer service;
● Delivery of our Services;
● Administering your account;
● Entering into agreements and communication with you;
● Analyzing data and trends, including partnering with third-party analytic companies;
● Run and manage our ads to produce ads that appear when you visit our Site;
● Protecting the security of our business and Site; including to investigate and remedy any breach of any of our rights or policies, or as needed to obtain and maintain insurance coverage, manage risks, obtain financial or legal advice;
● Promoting and marketing the Site and Services;
● In the event of sale or transfer of our business;
● To comply with any requirements to disclose by law, such as to initiate or respond to any legal action or to protect the rights, property and safety of others. This includes sharing information with other parties to prevent security breaches, fraud or credit risks;
● Any other reason necessary to comply with any legal obligation, to protect your interests, the interests of others or our business;
● With your consent.
Retention of Information
We generally retain your information only as long as is reasonably necessary to provide you with the Services, comply with our legal obligations or until you request that we delete your information. Any information we no longer need will be permanently deleted.
Processing Your Information
Generally, we do not process or hold your Information but instead we use third-party processors to process your data. In order to carry out our business, it is necessary for us to transmit certain information to third-parties. For instance, when you purchase a Service from our Site, your payment information is transmitted to and collected by a third party payment processor. For a full list of third party applications we use, please contact us at SARA@UNSTOPPABLEMAMA.CA
Protection of Your Information
We employ commercially reasonable methods to ensure the security of the information you voluntarily provide to us, as well as that information that is collected automatically. We implement a variety of security measures to maintain the safety of your personal information including using standard security protocols and transmitting information securely via Secure Sockets Layer (SSL) and only use recognized online secure payment systems and reputable third party payment processors and applications. Since email is not considered secure, please do not send us private information via email. Doing so is completely at your own risk. In order to protect our Site, we use software programs to monitor network traffic to identify unauthorized attempts to upload or change information or hack or otherwise damage our Site. While we take these steps to protect your personal information as much as we can, no system or transmission of data over the internet or any other public network or any storage of data can be guaranteed to be 100% secure. If you are concerned about your personal information, please contact us at SARA@UNSTOPPABLEMAMA.CA
Event of a Breach
In the unlikely event customer data has been lost, stolen, or potentially compromised, our policy is to alert our customers via email no later than 72 hours of our becoming aware of the event. We will also report such incident to any required data protection authority. We will work closely with any customers affected to determine next steps such as any end-user notifications, needed patches, and how to avoid any similar event in the future.
We respect your rights to your personal information and data. You have the right to access, correct, request restriction or deletion of your information, or request how we use your personal information and data collected, as required by applicable law. Note that we may charge a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to first request you provide us with evidence verifying your identity before we take any action.
After we verify your identity, you have the right to:
· Update or change any information you have provided to us. To update or delete Your information, please contact us at SARA@UNSTOPPABLEMAMA.CA;
· Request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others;
· Change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our Site;
· Request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
· Request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden;
· Request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website;
· Opt-out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at SARA@UNSTOPPABLEMAMA.CA;
· Opt-out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at SARA@UNSTOPPABLEMAMA.CA;
· In certain situations, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights, our rights, or those of others. In addition, you may opt-out of any processing of your data altogether. However, doing so may result in the termination of your account and loss of access to our Site; and
If you wish to have any third-parties, including those to whom we’ve transmitted your information, delete your information, you will need to contact those third-parties directly to do so. Upon request, we will provide a list of all third parties to whom we have transmitted your information.