Privacy policy.
DISCLAIMER
This website is owned and operated by Real Food First (SP) (“Company,” “we,” or “us”).
This Disclaimer, together with the Terms & Conditions of Use and Privacy Policy, governs your
access to and use of www.melisskirbyhc.com including any content, functionality, products, and services
offered on or through www.melisskirbyhc.com (the “Website”), whether as a guest or a registered user.
Please read the Disclaimer carefully before you start to use the Website. By using the Website
or by clicking to accept or agree to the Terms & Conditions of Use when this option is made
available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not
want to agree to the Disclaimer, you must not access or use the Website.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and the resources, information, webinars, videos,
blog posts, courses, downloads, and/or products available through this Website, whether free
or paid, (the “Resources”) are for educational and informational purposes only. The Company
assumes no responsibility for errors or omissions in the contents of the Website.
EXTERNAL LINKS
The Website may contain links to external websites that are not provided or maintained by or in
any way affiliated with the Company. Please note that the Company does not guarantee the
accuracy, relevance, timeliness, or completeness of any information on these external websites.
NOT LEGAL ADVICE
The information contained on this Website and the Resources are not intended as, and shall not
be understood or construed as, legal advice. While we may provide some supplemental and
occasional trainings or articles on legal topics taught or written by attorneys or legal
professionals, the information contained on this Website is not a substitute for legal advice
from a licensed attorney who is aware of the facts and circumstances of your individual
situation.
We have done our best to ensure that the information provided on this Website and the
Resources are accurate and provide valuable information. Regardless of anything to the
contrary, nothing available on or through this Website should be understood as a
recommendation that you should not consult with an attorney to address your particular
information. The Company expressly recommends that you seek advice from an attorney prior
to taking any actions.
Neither the Company nor any of its employees, owners, or contributors shall be held liable or
responsible for any errors or omissions on this Website or the Resources or for any damage you
may suffer as a result of failing to seek competent legal advice from a licensed attorney who isfamiliar with your situation.
NOT TAX ADVICE
The information contained on this Website and the Resources are not intended as, and shall not
be understood or construed as, tax advice. The information contained on this Website is not a
substitute for tax advice from a professional who is aware of the facts and circumstances of
your individual situation.
We have done our best to ensure that the information provided on this Website and in the
Resources are accurate and provide valuable information. Regardless of anything to the
contrary, nothing available on or through this Website should be understood as a
recommendation that you should not consult with a tax professional to address your particular
situation. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees, owners, or contributors shall be held liable or
responsible for any errors or omissions on this Website or for any damage you may suffer as a
result of failing to seek competent tax advice from a professional who is familiar with your
situation.
HEALTH & FITNESS
The information contained on this Website and in the Resources is not intended to take the
place of medical advice from a health care professional. Exercise, diet and health related
matters vary from person to person. Nothing on this website shall be considered, construed as,
or used as a substitute for, medical advice, diagnosis or treatment. Any action taken based on
the contents of this Website or the Resources is solely at your own discretion, risk and liability.
You should always consult the appropriate health professionals on any matter that is related to
your health and well-being before proceeding with any action pertaining to health-related
issues. The Company assumes no liability for the use or misuse of information on this Website
or in the Resources.
We have done our best to ensure that the information provided on this Website and in the
Resources are accurate and provide valuable information. Regardless of anything to the
contrary, nothing available on or through this Website should be understood as a
recommendation that you should not consult with a professional to address your particular
situation. The Company expressly recommends that you seek advice from a health care
professional.
Neither the Company nor any of its employees, owners, or contributors shall be held liable or
responsible for any errors or omissions on this Website or for any damage you may suffer as a
result of failing to seek competent advice from a health care professional who is familiar with
your situation.
NOT PROFESSIONAL ADVICE
The information contained on this Website and in the Resources is not intended as, and shall
not be understood or construed as, professional advice. While the contributors, employees
and/or owners of the Company are professionals and the information provided on this Website
relates to issues within the Company’s area of professionalism, the information contained on
this Website is not a substitute for advice from a professional who is aware of the facts and
circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the
resources available for download are accurate and provide valuable information. Regardless of
anything to the contrary, nothing available on or through this Website should be understood as
a recommendation that you should not consult with a professional to address your particular
situation. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for
any errors or omissions on this Website or for any damage you may suffer as a result of failing
to seek competent advice from a professional who is familiar with your situation.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website, including implementation of any suggestions set out in this Website
and/or use of any of the Resources, does not create a professional-client relationship between
you and the Company or any of its professionals.
You recognize and agree that we have not created any professional-client relationship by the
use of this Website.
USER’S PERSONAL RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your actions. You
agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-
use, of the information available on this Website and in the Resources. You agree to use
judgment and conduct due diligence before taking any action or implementing any plan or
policy suggested or recommended on this Website or in the Resources.
NO GUARANTEES
You agree that the Company has not made any guarantees about the results of taking any
action, whether recommended on this Website or not. The Company provides educational and
informational resources that are intended to help users of this website succeed in life,
business, and otherwise. You nevertheless recognize that your ultimate success or failure will
be the result of your own efforts, your particular situation, and innumerable other
circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results
obtained by others, whether clients or customers of the Company or otherwise, applying the
principles set out in this Website are no guarantee that you or any other person or entity will beable to obtain similar results.
ERRORS AND OMISSIONS
This Website is a public resource of general information that is intended, but not promised or
guaranteed, to be correct, complete, and up to date. We have taken reasonable steps to
ensure that the information contained in this Website is accurate, but we cannot represent that
this Website is free of errors. You accept that the information contained on this Website may
be erroneous and agree to conduct due diligence to verify any information obtained from this
Website and/or the Resources prior to taking any action. You expressly agree not to rely upon
any information contained in this Website or in the Resources.
TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the
products and services offered on this Website or by the Company. The testimonials are actual
statements made by clients and/or customers and have been truthfully conveyed on this
Website.
Although these testimonials are truthful statements about results obtained by these clients
and/or customers, the results obtained by these clients and/or customers are not necessarily
typical. You specifically recognize and agree that the testimonials are not a guarantee of results
that you or anyone else will obtain by using any products or services offered on this Website or
by the Company.
REVIEWS
At various times, we may provide reviews of products, services, or other resources. This may
include reviews of books, services, and/or software applications. Any such reviews will
represent the good-faith opinions of the author of such review. The products and services
reviewed may be provided to the Company for free or at a reduced price as an incentive to
provide a review.
Regardless of any such discounts, we will provide honest reviews of these products and/or
services. You recognize that you should conduct your own due diligence and should not rely
solely upon any reviews provided on this website.
We will disclose the existence of any discounts or incentives received in exchange for providing
a review of a product. If you would like more information about any such discounts and
incentives, send an email to shannonspearswellness@gmail.com that includes the title of the
reviewed product as the subject line. We will respond via email and disclose any incentives or
discounts we received in association with any such review.
AFFILIATE LINKS
From time to time, the Company may participate in affiliate marketing and may allow affiliate
links to be included on some of our pages. This means that we may earn a commission if/when
you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and
other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate
offers are right for you or your business and will benefit you. You will not rely on any
recommendation, reference, or information provided by the Company but will instead conduct
your own investigation and will rely upon your investigation to decide whether to purchase the
affiliate product or service.
NO ENDORSEMENTS
From time to time, the Company will refer to other products, services, coaches, consultants,
and/or experts. Any such reference is not intended as an endorsement or statement that the
information provided by the other party is accurate. The Company provides this information as
a reference for users. It is your responsibility to conduct your own investigation and make your
own determination about any such product, service, coach, consultant, and/or expert.
EARNINGS DISCLAIMER
From time to time, the Company may report on the success of one of its existing or prior
clients/customers. The information about this success is accurately portrayed by the Company.
You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity,
business experience, expertise, and level of desire. There are no guarantees concerning the
level of success you may experience. There is no guarantee that you will make any income at all
and you accept the risk that the earnings and income statements differ by individual. Each
individual’s success depends on his or her background, dedication, desire and motivation.
The use of our information, products and services should be based on your own due diligence
and you agree that the Company is not liable for any success or failure of your business that is
directly or indirectly related to the purchase and use of our information, products, and services
reviewed or advertised on this Website.
CONTACT US
We welcome your questions or comments regarding the Disclaimer:
Mailing Address: PO Box 341 Breslau, Ontario Canada L0M1B0
Email address: realfoodfirst@melissakirbyhc.com
Real Food First Privacy Policy
Last updated: March 20, 2022
This Privacy Policy describes how Real Food First (“we” or “us”) collects, uses, and shares your personal information
when you use our website www.melissakirbyhc.com (the “Site”).
Topics:
•Personal information we collect
•How we use your personal information
•How we share your personal information
•How we store your data
•Email marketing
•Behavioral advertising
•Your data protection rights
•Third party websites
•Changes
•Contact Us
Personal information we collect
When you visit the Site, we automatically collect certain information about your device,
including information about your web browser, IP address, time zone, and some of the cookies
that are installed on your device. Additionally, as you browse the Site, we collect information
about the individual web pages or products that you view, what websites or search terms
referred you to the Site, and information about how you interact with the Site. We refer to this
automatically collected information as “Device Information”.
We collect Device Information using the following technologies:
•“Cookies” are data files that are placed on your device or computer and often include an
anonymous unique identifier. For more information about cookies, and how to disable
cookies, visit http://www.allaboutcookies.org.
•“Log files” track actions occurring on the Site, and collect data including your IP address,
browser type, Internet service provider, referring/exit pages, and date/time stamps.
•“Web beacons”, “tags”, and “pixels” are electronic files used to record information about
how you browse the Site.
We use Device Information for:
•Functionality: To recognize you on our website and recognize your previously selected
preferences, including your preferred language and your location.
•Advertising: To collect information about your visit, the content you viewed, the links you
followed, and information about your web browser, device, and IP address. We
sometimes share limited aspects of this data with third parties for advertising purposes.
You can set your browser not to accept cookies, and the website above tells you how to remove
cookies from your browser. Some of our website features may not function if you disable cookies.
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not
Track signal from your browser.
We also collect data you provide to us directly. We refer to the data you provide as “Provided
Information.” We collect and process data you provide when you:
•Register online or place an order for any of our products or services
•Voluntarily complete a customer survey or provide feedback on any of our message
boards or via email
The Provided Information we collect may include:
•Personal identification information (name, email address, phone number, etc.)
•Billing information (billing address, shipping address, payment information, including
credit card numbers, etc.)
When we talk about “Personal Information” in this Privacy Policy, we are talking both about
Device Information and Provided Information.
How we use your Personal Information
We use the Provided Information that we collect generally to fulfill any orders placed through
the Site (including processing your payment information, delivering products, and providing you
with invoices and/or order confirmations). Additionally, we use Provided Information to:
•Communicate with you;
•Screen our orders for potential risk or fraud; and
•When in line with the preferences you have shared with us, provide you with
information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in
particular, your IP address), and more generally to improve and optimize our Site (for example,
by generating analytics about how our customers browse and interact with the Site, and to
assess the success of our marketing and advertising campaigns).
How we share your Personal Information
We share your Personal Information with third parties to help us use your Personal
Information, as described above. [If applicable: For example, we use Google Analytics to help us
understand how our visitors use the Site - you can read more about how Google uses your
Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt
-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.]
The types of third parties with whom we might share elements of your Personal Information
include:
•Payment processors engaged by us to securely store and handle payments information,
such as credit or debit card information
•Providers of email management and distribution tools
•Providers of security and fraud prevention tools and services,
•Providers of data aggregation and analytics software services that allow us to effectively
monitor and optimize our site
We may also share your Personal Information to comply with applicable laws and regulations,
to respond to a subpoena, search warrant or other lawful request for information we receive,
or to otherwise protect our rights.
How we store your data
We securely store your data at Google Drive.
We use commercially reasonable security measures to protect against unauthorized access to
or unauthorized alteration, disclosure or destruction of information stored on our servers. Of
course, no computer network or data transmission on the internet can be guaranteed to be
100% secure and so you submit your information at your own risk.
We will maintain your Personal Information for our records unless and until you ask us to delete
this information.
Email Marketing
If you make a purchase on this Site and/or opt in to receive emails, you agree to receive email
communications from this site, including but not limited to newsletters, site updates,
promotions, and other announcements and correspondence. We are not responsible for the
receipt of any such emails. You are responsible for ensuring that our email address(es) are not
blocked or forwarded to your spam folder.
You have the right at any time to stop us from contacting you for marketing purposes. If you
opt to unsubscribe from receiving emails, you understand that you may no longer receive
information or updates from this Site, including promotions.
Behavioral advertising
As described above, we use your Personal Information to provide you with targeted
advertisements or marketing communications we believe may be of interest to you. For more
information about how targeted advertising works, you can visit the Network Advertising
Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-
online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
•Facebook: https://www.facebook.com/settings/?tab=ads
•Google: https://www.google.com/settings/ads/anonymous
•Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-
ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising
Alliance’s opt-out portal at http://optout.aboutads.info/.
Your data protection rights
If you are a European resident, you have the right to access personal information we hold about
you and to ask that your personal information be corrected, updated, or deleted. Under certain
conditions, you may also have the right to restrict or object to our processing of your data, and
to request that we transfer your Personal Information to another organization. If you would like
to exercise any of these rights, please contact us through the contact information below.
Additionally, if you are a European resident, we note that we are processing your information
to fulfill contracts we might have with you (for example if you make an order through the Site),
or otherwise to pursue our legitimate business interests listed above. Please note that your
information will be transferred outside of Europe, including to Canada and the United States.
Third Party Websites
Our privacy policy applies only to our website. We are not responsible for the data collection,
privacy practices or policies of any third-party site to which we may provide a link or that may
link to our site. We encourage you to read the privacy statement and terms of use of other
sites.
Changes
We may update this privacy policy from time to time to reflect, for example, changes to our
practices or for other operational, legal or regulatory reasons.
Complaints
Please contact us if you have any complaints about how we use your Personal Information so
we can resolve the issue whenever possible. Residents of the European Union also have the
right to lodge a complaint with your local data protection regulator, such as the Information
Commissioner’s Office in the UK.
Contact us
For more information about our privacy practices, if you have questions, or if you would like to
exercise your data protection rights, please do not hesitate to contact us.
Email us: realfoodfirst@melissakirbyhc.com
Write to us: PO Box 341 Breslau, ON L0M1B0
TERMS AND CONDITIONS OF USE
Last Updated: March 20, 2022
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and
Real Food First (“Company,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly
incorporated by reference, govern your use of the website www.melissakirbyhc.com (“Website”), including
all materials, resources, information, and services on the Website, whether as a guest or
registered user.
Your access to and use of the Website is conditioned on your acceptance of and compliance
with these Terms. These Terms apply to all visitors, users, customers, and others who access or
use the Website.
By accessing or using the Website you agree to be bound by these Terms, without
modification, and acknowledge reading them. If you disagree with any part of the Terms, you
may not access the Website.
PRIVACY POLICY
Your use of the Website is also subject to the Company’s Privacy Policy (above). Please
review our Privacy Policy, which also governs the Website and informs users of our data
collection practices. Your agreement to the Privacy Policy is hereby incorporated into these
Terms.
DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer (above). Please
review our Disclaimer, which also governs the Website and informs users of various limitations
regarding the information provided on the Website. Your agreement to the Disclaimer is hereby
incorporated into these Terms.
USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite
power and authority to enter into these Terms. Children under the age of 18 are prohibited
from using the Website. Information provided on the Website and any resources provided on or
available for download from the Website are subject to change. The Company makes no
representation or warranty that the information provided, regardless of its source, is accurate,
complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy,
error, or incompleteness in the information provided.
The Company reserves the right to withdraw or amend this Website and any service or material
provided on the Website in its sole discretion without notice. The Company will not be liable if,
for any reason, all or any part of the Website is unavailable at any time or for any period. From
time to time, the Company may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for
all purchases made by you or someone acting on your behalf through the Website. You agree to
use the Website and to purchase services or products through the Website for legitimate, non-
commercial purposes only. You shall not post or transmit through the Website any material
that violates or infringes the rights of others, or that is threatening, abusive, defamatory,
libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise
objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on this Website accessible to users in exchange for
providing an e-mail address (“Gated Content”). The Company grants you a limited, personal,
non-exclusive, non-transferable license to use the Gated Content for your own personal or
internal business use. Except as otherwise provided, you acknowledge and agree that you have
no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content you may
only be used by you for your personal or internal business use and may not be sold or
redistributed without the express written consent of the Company.
By accessing downloading the Gated Content, you further agree that you shall not create any
derivative work based upon the Gated Content and you shall not offer any competing products
or services based upon any information contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any
artwork, photos, written works, or other media, including feedback and suggestions
(collectively, “Submissions”), you are granting the Company, our affiliated companies, and any
necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission
for promotional, business development, and marketing purposes including, without limitation,
the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate, and reformat your Submission; and to publish your name in connection with your
Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You
retain copyrights and any other rights you may rightfully hold in any Submissions that you
submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any
Submissions protected by copyright, trademark, or other proprietary right without the express
written permission of the owner of the copyright, trademark, or other proprietary right, and the
burden of determining that any Submissions are not so protected rests entirely with you. You
shall be liable for any damage resulting from any infringement of copyrights, trademarks, or
other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant
that you own or otherwise control all the rights to your Submission described herein including
the authority to use and distribute the Submission, and that the use or display of the
Submission as contemplated in this section will not violate any laws, rules, regulations, or rights
of third parties. You agree to hold the Company harmless from and against all claims, liabilities,
and expenses arising out of any potential or actual copyright or trademark misappropriation or
infringement claimed against you arising from Submissions you submit through the Website.
You further you grant us the right to use your Submission for the purpose of improving our
Website, products or services (and for any other purpose we deem necessary or desirable)
without being obliged to pay you any compensation for our use of your Submission. The
Company is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in the Company’s sole discretion. If you do send us
unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to
provide any acknowledgement of their source.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by the Company, including trademarks,
copyrights, proprietary information, and other intellectual property. We reserve all rights in and
to our common law and registered trademarks, service marks, copyrights, and other intellectual
property rights, including but not limited to text, graphics, photographs, video, design, and
packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish,
transmit, participate in the transfer or sale of, create derivative works from, distribute, display,
reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or
in part, without our prior written consent. We reserve the right to immediately block your
access to the Website and remove you from any service, without refund, if you are caught
violating this intellectual property policy.
You are granted a non-exclusive, non-transferable, revocable license to access and use the
Website and the resources available for download from the Website (the “Content”) strictly in
accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the Company that you will not use
the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the
Content in any manner that could damage, disable, overburden, or impair the Website or
interfere with any other party’s use and enjoyment of the Website. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made
available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Website, is the property of the Company or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any
changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any Content. You will use protected content solely
for your individual use and will make no other use of the Content without the express written
permission of the Company and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of the Company or our licensors except as expressly
authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos,
product and service names, designs, and slogans are trademarks of the Company or its affiliates
or licensors. You must not use such marks without the prior written permission of the
Company. All other names, logos, product and service names, designs and slogans on this
Website are the trademarks of their respective owners.
CHANGED TERMS
We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date
of the last revision will be indicated by the “Last updated” date at the top of this page. Such
amendments are effective immediately upon notice to you by us posting the new Terms on this
Website. We reserve the right to update any portion of our Website, including these Terms, at
any time. If you continue to use our Website after we have made revisions, your continued use
constitutes consent to the revised Terms, Privacy Policy and Disclaimers.
WARRANTIES
While we make every effort to ensure that the content on this Website is free from errors, we
do not give any warranty or other assurance as to the accuracy, completeness, timeliness orfitness for any particular purpose of the content and materials on this site beyond reasonable
efforts to maintain the site. To the maximum extent permitted by law, we provide our website
and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON
-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES
ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES
AVAILABE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR
SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS,
GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF
OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER
SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL
LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE
FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE
DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO
EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE
OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
AVAILABILITY
Your use of the Website and any associated services may sometimes be subject to interruption
or delay. Due to the nature of the Internet and electronic communications, we and our service
providers do not make any warranty that our Website or any associated resources or services
will be error-free, without interruption or delay, or free from defects in design. We will not be
liable to you should our Website or the resources or services supplied through our Website
become unavailable, interrupted or delayed for any reason.
MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code
(“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any
data available on the Website, does not contain malicious code. We will not be liable for any
damages or harm attributable to malicious code. You are responsible for ensuring that theprocess you employ for accessing our Website does not expose your computer system to the
risk of interference or damage from malicious code.
SECURITY
The security of your contact information is of utmost importance to us. However, you
acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept
responsibility or liability of any nature for any losses you may sustain as a result of such
unauthorized access or alteration. All information transmitted to or from you is transmitted at
your own risk, and you assume all responsibility and risks arising in relation to your use of this
Website and the internet. We do not accept responsibility for any interference or damage to
your computer system that may arise in connection with your access of this Website or any
outbound hyperlinks.
THIRD PARTY RESOURCES
The Website contains links to third party websites and resources. You acknowledge and agree
that we are not responsible or liable for the availability, accuracy, content, or policies of third-
party websites or resources. Links to such websites or resources do not imply any endorsement
by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk
arising from your use of any such websites or resources.
The Company may, from time to time, provide information from a third party in the form of a
guest post or interview, in written, audio, video, or other medium. The Company does not
control the information provided by such third-party guests, is not responsible for investigating
the truth of any information provided and cannot guarantee the veracity of any statements
made by such guests.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims
and causes of action, including, without limitation, attorney’s fees, arising out of your breach of
any of these Terms, your use of the Website, its content, and any product or service purchased
from the Website, or your failure to maintain the confidentiality and/or security of your
password or access rights to this Website and its resources. You shall provide us with such
assistance, without charge, as we may request in connection with any such defense, including,
without limitation, providing us with such information, documents, records, and reasonable
access to you, as we deem necessary. You shall not settle any third-party claim or waive any
defense without our prior written consent.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for
convenience only and shall not affect the construction or interpretation of any of its provisions.If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall
be construed in accordance with applicable law so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law, and the remainder of the provisions shall
remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement
between you and the Company pertaining to the Website and supersedes all prior and
contemporaneous agreements, representations, and understandings between us. Any waiver
by us of a breach of or right under these Terms will not constitute a waiver of any other or
subsequent breach or right. No waiver shall be binding unless executed in writing by the
Company.
GOVERNING LAW; JURISDICTION; MEDIATION
These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance
with, and governed by, the laws of the State of Illinois and the courts of Illinois shall have
jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree
that any proceeding relating to use of this site must be filed exclusively in the appropriate
courts located in Illinois and you submit to the jurisdiction of those courts and waive any
objection based on an inconvenient forum or other reasons.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or
relating to these Terms by mediation. The parties further agree that their respective good faith
participation in mediation is a condition precedent to pursuing any other available legal or
equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage
scenario here that applies to your intended usage contact us at
realfoodfirst@melissakirbyhc.com
CONTACT INFORMATION
The owner of this website is Real Food First. You may contact us by email at realfoodfirst@melissakirbyhc.com, or by mail at PO Box 341 Breslau, ON L0M1B0
Medical Disclaimer
You understand that any information and content such as text, graphics, and images found within our
website is for general educational, entertainment, and informational purposes only. You understand
that such information is not intended nor otherwise implied to be medical advice or a substitute for
medical advice, diagnosis, or treatment.
This Website does not guarantee accuracy nor completeness of the information and content on it, and
as a result such information does not encompass all conditions, disorders, health-related issues, or
respective treatments. You understand that you should always consult your physician or other qualified
healthcare provider to determine the appropriateness of this information for your own situation or if
you have any questions regarding a medical condition, disorder, treatment plan, or other health-related
issues.
This Website and its owners, contributors, and assignees expressly disclaim any and all responsibility for
any liability, loss, or risk personal or otherwise, which may be or is incurred as a direct or indirect
consequence of the use or application of any of the advice, comments, or in-formation contained on this
Website. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other
damages related to your use of the information on our Website.
If you think that you may have a medical emergency, call your doctor or 911 immediately. No action or
inaction should be taken based solely on the contents of this information. Nor should you ever delay
seeking medical advice or treatment due to the information contained on this Website.
This Website does not recommend or endorse any specific tests, physicians, products, procedures,
opinions, or other information that may be mentioned on this site. Reliance upon the information
provided by this Website is solely at your own risk. In this regard you agree not to use any information
on our website, including but not limited to product descriptions, custom-er testimonials, etc. for the
diagnosis and treatment of any health issue or for the prescription of any medication or treatment.
This information has not been evaluated or approved by the FDA or Health Canada and is not necessarily based on
scientific evidence from any source. These statements have not been evaluated by the Food and Drug
Administration (FDA) or Health Canada. These products intend to support general wellbeing and do not intend to treat,
diagnose, mitigate, prevent, or cure any condition or disease.
You further acknowledge that all customer testimonials as found on our website are strictly the opinions
of their writers and any results achieved are solely individual in nature; your results may vary.