TERMS OF USE

This Terms of Use Agreement (“Agreement”) is made by and between Backcountry Foodie, LLC, a Washington state limited liability company (“we,” “us,” or “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of backcountryfoodie.com (the “Website”).

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE (COLLECTIVELY, THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AT OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” LINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE WEBSITE.

ACCESS TO THE WEBSITE

To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we reserve the right to refuse you access to the Website and to terminate or suspend your access at any time.

RESTRICTIONS ON USE

You may use the Website for personal use only, for the purposes expressly permitted by the Website. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. In addition, you may not use the Website in any manner which could disable, overburden, damage, 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, content, or information through any means not intentionally made available or provided for through the Website.

DISCLAIMERS

We specifically disclaim any warranties or liability regarding the following:

  • Any meal plan suggestions offered are for informational purposes only and are not intended to constitute nutrition advice, coaching, counseling, assessment, or medical nutrition therapy. Meal plan suggestions are not intended to be a substitute for advice from your personal healthcare provider or physician, and you are responsible for obtaining any such advice on your own behalf.
  • We cannot guarantee that any meal plan suggestions are nutritionally complete, appropriate, or safe for any pre-existing medical conditions. You agree to consult with your personal healthcare provider or physician for advice regarding whether the nutrition content of any meal plan is appropriate for you and/or whether any additional vitamins or supplements may be required. Although we may provide rough estimates regarding the nutrition content of meal plans (e.g., sodium, fat, sugar, and/or cholesterol content), we make no guarantee as to the truth or accuracy of any such estimates.
  • Our services may only be used by individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is responsible for any and all activities and transactions that involve the applicable minor through the Website.
  • We are not responsible for any health problems, injuries, allergies, reactions, negative results, misinformation, damages, liabilities, harm, or otherwise that may result from your reliance on information available on the Website. Any selection of meal plans will be made using your own knowledge and judgment, and you agree that you do so at your own risk.
  • We shall not be responsible for any nutritional deficiencies in your diet, or for any weight gain or loss caused by any suggested meal plan. You are responsible for obtaining any applicable nutrition advice from your personal health care provider or physician.
  • Although we may provide estimates regarding the shelf stability, final weight, or quality of suggested meal plans, we cannot guarantee the truth or accuracy of any of the foregoing.
  • We may provide links through the Website to third party providers, but we make no warranty as to the quality of any third party good or service provider. You are responsible for performing your own independent research and to use your own knowledge and judgment in deciding whether to do business with any third party good or service provider.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION ON LIABILITY

BOTH WE AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AFFILIATE DISCLOSURE

This website, blog, and membership site are written and edited by me, Aaron Owens Mayhew, the owner and founder of backcountryfoodie.com. This website accepts forms of cash advertising, sponsorship, paid insertions, or other forms of compensation.

This website abides by word-of-mouth marketing standards. We believe in the honesty of relationships, opinions, and identity. The compensation received may influence the advertising content, topics, or posts added to this website. That content, advertising space, or post will be clearly identified as paid or sponsored content.

The owner of this website is compensated for providing opinions on products, services, websites, and various other topics. Even though the owner of this website receives compensation for posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the owner’s own. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

This website does not contain any content which might present a conflict of interest.

INDEMNITY

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.

PROPRIETARY INFORMATION

By providing any recipes, photos, videos, comments, ideas, suggestions, testimonials, or other material to us through the Website (the “Content”), you hereby grant a perpetual, royalty-free, worldwide, irrevocable, and nonexclusive license for us to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Content for purposes of promoting and providing the Services hereunder, in any form, media, or technology now known or hereafter developed. We will not be required to treat any Content as confidential, and we may use the Content to promote our business (including without limitation, in connection with our products, services, or advertising) without incurring any liability for royalties or any other consideration of any kind to you. Notwithstanding the foregoing, you shall retain all right, title, and interest in any intellectual property rights (including, but not limited to, copyright and trademark) embodied in the Content you provide to us.

We will treat any personal information that you submit to us through the Website in accordance with our Privacy Policy.

We shall retain all proprietary rights in our Website and Services, including all intellectual property rights related thereto. You agree not to use any proprietary materials contained in the Website or the Services without our prior written consent.

We reserve the right to monitor use of the Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. We may disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in the Website are the property of us or the party that provided the trademarks, services marks, logos, and copyrighted works to us. Either us or the party that provided trademarks, service marks, logos, and copyrighted works shall retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

If you believe that any material appearing on the Website constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

· A description of the copyrighted work that you claim has been infringed upon;

· A description of where the material that you claim is infringing is located on the Website,

· Your full name, address, telephone number, and e-mail address;

· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement on the Website can be reached as follows: copyrightagent@backcountryfoodie.com

SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password. We will be entitled to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone who is believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

OUR REFERRAL PROGRAM

Who Can Participate. In order to participate in the Program, you must be a paying member of our Recipe Membership Service.  The referred purchaser must not be a current member of our service and cannot have previously had an account or you won’t receive the referral rewards.

How to Participate. In order to be eligible for the referral reward, you must direct your referees to the webpage: https://backcountryfoodie.com/friend and direct them to add your full name to the order form section, “Tell Us Who Referred You”. This field within the order form is required by the system and must be filled out in order for the referee to submit their order and start their membership trial.

How to Earn Rewards. As the referrer, you will be credited for the referral after the referee completes their 30 day trial and they convert to a paid member. If the referee cancels their membership during the trial, your reward will also be cancelled. As the referrer, you will earn a $10 Amazon eGift card for every new paid member you refer. Only one referrer reward will be granted for each new referral account. If multiple referrers claim the same referral, we will have sole discretion to identify the referrer for such referral.

Getting Your Rewards. Rewards will be distributed once a month to referrers. You’ll receive your rewards after a new signup has been with us for 6 weeks to account for any potential cancellations. We will email your Amazon eGift card to the email account you have on file with us.

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the state of Washington in connection with any dispute between you and us arising out of these Terms of Use or pertaining to the subject matter hereof. The exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Seattle, Washington.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Website.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

We reserve the right to revise these Terms of Use at any time, by updating this posting.

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