Privacy Policy And Terms Of Use
This privacy policy constitutes an agreement between Kelly Powers, LLC / Kelly E. Powers, MA, RD, and you that governs your use of this Website and all of its associated services, content, and functionalities. This policy applies to the Website administered by Kelly Powers, LLC / Kelly E. Powers, MA, RD, located at www.kellyepowers.com.
Privacy is very important to me and therefore, I’m here to protect your privacy, too. Any information that you give while using my site, www.kellyepowers.com, will be used in accordance with this privacy statement. Your information will never be sold or traded to outside parties. I reserve the right to collect information regarding the ways and frequencies our visitors interact with my site. I may change this policy from time to time by updating this page. Use of my site after modification, implies that you consent to the policy as amended. This policy was last updated on March 12th, 2019 and is effective immediately. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
The information collected by the Website may be used in, but not limited to, the following ways: to operate and maintain the Website; to send you promotional mailings, such as newsletters (each e-mail promotion will provide information on how to opt out of future mailings); to send you administrative communications, such as administrative e-mails, confirmation e-mails, technical notices, updates on policies or security alerts; to respond to your comments or inquiries; to provide you with user support; to track and measure advertising on the Website; or to protect, investigate and deter against unauthorized or illegal activity.
Kelly Powers, LLC / Kelly E. Powers, MA, RD, is the sole owner of the information collected on this site. Kelly Powers, LLC / Kelly E. Powers, MA, RD, will not sell or rent this information to anyone without your consent. Kelly Powers, LLC / Kelly E. Powers, MA, RD, may share aggregated demographic information with its partners and advertisers. This is not linked to any personal information that can identify any individual person. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by its respective privacy policies.
The Website currently uses the following third-party service providers: Google Analytics (to track Website usage and provide information including referring websites and user actions on the Websites). Squarespace is used to send newsletters. The Website may use other software to aid in processing and creation of contact forms.
These Websites contain links to other sites. Please be aware that Kelly Powers, LLC / Kelly E. Powers, MA, RD is not responsible for the content or privacy practices of such other sites. Kelly Powers, LLC / Kelly E. Powers, MA, RD encourages its users to be aware when they leave the Website and to read the privacy statements of any other site that collects personally identifiable information.
From time to time, the Website requests information via surveys or contests. Participation in these surveys or contests is completely voluntary, and you may choose whether or not to participate and therefore disclose this information. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site, and by participating in the survey or contest you agree that you will be added to the newsletter list for the Website.
COOKIESFrom time to time, the Website may engage in marketing efforts with third-party companies, such as Google, Facebook or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.
TRACKING PIXELSThis Website may engage in sponsored campaigns with various influencer networks, brands and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. These pixels may capture your IP address on behalf of the content sponsor. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.
Kelly Powers, LLC / Kelly E. Powers, MA, RD is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.
SENSITIVE INFORMATIONAt no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
USE OF THE WEBSITEUnless otherwise stated Kelly Powers, LLC / Kelly E. Powers, MA, RD owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted: Republication of content from the Website, unless content is specifically and expressly made available for republication; sale, rental or sub-license of any content from the Website; reproduction or duplication of any content on the Website for commercial purposes; modification of any content on the Website, unless content is specifically and expressly made available for modification; redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, e-mail, or other methods. Use of these plugins or widgets does not constitute any waiver of Kelly Powers, LLC / Kelly E. Powers, MA, RD, intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Kelly Powers, LLC / Kelly E. Powers, MA, RD.
You must not use the Website in a way that causes or may cause damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Kelly Powers, LLC / Kelly E. Powers, MA, RD, express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Kelly Powers, LLC / Kelly E. Powers, MA, RD, express written permission.
COPYRIGHTUnless otherwise noted, the design, content and all components of the Website are copyrights owned by Kelly Powers, LLC / Kelly E. Powers, MA, RD, or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
GRANT OF RIGHTSYou grant Kelly Powers, LLC / Kelly E. Powers, MA, RD, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Kelly Powers, LLC / Kelly E. Powers, MA, RD, the right to sub-license these rights and the right to bring an action for infringement of these rights.
LICENSE FOR USE OF DIGITAL PRODUCTSAll products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
CONTENT CONTRIBUTED TO THE WEBSITEAny content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Kelly E. Powers, or a third party.
Kelly E. Powers, reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Kelly E. Powers, servers; or, (iii) hosted or published on the Website. Kelly Powers, LLC / Kelly E. Powers, MA, RD takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Kelly Powers, LLC / Kelly E. Powers, MA, RD, rights under the Terms of Use, Kelly Powers, LLC / Kelly E. Powers, MA, RD, does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMMUNICATIONIf you send Kelly Powers, LLC / Kelly E. Powers, MA, RD, an email, register to use the Website or provide your email to Kelly Powers, LLC / Kelly E. Powers, MA, RD, in any other way, you consent to receive communications from Kelly Powers, LLC / Kelly E. Powers, MA, RD, electronically. You agree that all legal notices provided via electronic means from Kelly Powers, LLC / Kelly E. Powers, MA, RD, satisfy any requirement for written notice. By signing up for the Kelly Powers, LLC / Kelly E. Powers, MA, RD / Weeknight Dinners email or newsletter list, you’re agreeing to receive communication from Kelly Powers, LLC via Squarespace and Substack. You can opt out of either or both lists at any time.
NO WARRANTIESThe Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed, or implied. Kelly E. Powers, makes no representations or warranties in relation to the Website or the information and materials provided therein.
Kelly Powers, LLC / Kelly E. Powers, MA, RD makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy and reliability of the Website. Kelly Powers, LLC / Kelly E. Powers, MA, RD is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Website are written in English and makes no warranty regarding translation or interpretation of content in any language.
EUROPEAN RESIDENCESIf 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. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order 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. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
LIMITATION OF LIABILITYKelly Powers, LLC / Kelly E. Powers, MA, RD will not be liable for any consequential, incidental, indirect, exemplary, punitive or special damages of any kind, however caused, including loss of profits, revenue, data or use, incurred by you, whether under theory of contract, tort (including negligence), warranty, or otherwise, even if the other part has been advised of the possibility of such damages.
We may 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.
INDEMNITYYou agree to defend, indemnify and hold Kelly Powers, LLC / Kelly E. Powers, MA, RD its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Kelly Powers, LLC / Kelly E. Powers, MA, RD, suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATIONThe Terms of Use will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near San Francisco, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONSThe Terms of Use may not be assigned by you without Kelly Powers, LLC / Kelly E. Powers, MA, RD, prior written consent, however, the Terms of Use may be assigned by Kelly Powers, LLC / Kelly E. Powers, MA, RD, in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Kelly Powers, LLC / Kelly E. Powers, MA, RD.
All notices with respect to the Terms of Use / Privacy Policy must be in writing and may be via e-mail to kelly@kellyepowers.com for Kelly Powers, LLC / Kelly E. Powers, MA, RD, and to your e-mail address.