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.
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.
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.
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 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.
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: email@example.com
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.
RECIPE MEMBERSHIP SERVICE
Our recipe membership service is a fee-based subscription service billed monthly or annually based on the service you selected when you initially sign up. Users of the Website may be unregistered users, registered users and paying subscribers (“Subscribers”).
Subscriber Requirements. You must be 18 years or older to subscribe to any of our Services and provide us with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration you will create an account using your email address and password that will be used to authenticate your ongoing access to the Service. You will not:
- Use the name of another person with the intent to impersonate them
- Use the rights of another person
You are responsible for the use of your account and you must make your best effort to keep your password secure. You should not share your password with others. If you believe your account has been compromised, you must immediately notify us of the suspected breach by emailing firstname.lastname@example.org.
For Your Personal Use. The membership service recipes, videos, and worksheets (“Member Content”) provided through your membership are intended for your personal use only. Member Content cannot be shared with others directly or indirectly. Member Content is copyrighted and cannot be re-sold.
Access to Recipes and Member Content. You must have an active membership account in order to receive our weekly recipe emails and have access to your Member Content. Upon cancellation of your membership, you will retain access to the recipe links you were provided via email for the life of the recipe file links. Recipe file links are subject to change and may be deactivated at any time as Member Content evolves. It is your responsibility to save recipe files to your personal computer for future use. Upon cancellation of your membership, you will no longer have access to your Member Content via the membership Website.
Termination of your Account. If we, at our sole discretion, believe that you are acting in a spirit inconsistent with this Agreement or have breached the Agreement, we may terminate your account. In such a case, you are not eligible for a refund. We also reserve the right to terminate your subscription for any reason even if the reason does not cause a breach of this Agreement. In such a case, we will refund any remaining unused portion of your subscription. The refund will be your sole and exclusive remedy to such a termination.
Prices Subject to Change. We may revise subscription prices at anytime. Should your subscription price change, we will notify you by email and give you a time period of at least four weeks to opt out if you do not want to continue your membership subscription at the new price.
Retrying Transactions that Fail. In the event that your subscription charge is unsuccessful, we may retry charges to your credit card for up to 30 days. We may also contact you in order to notify you of the failed transaction. If after 30 days, your monthly payment hasn’t been processed, we reserve the right to terminate your account.
Annual Recipe Membership. During your 30 day trial, you may cancel your membership at any time by contacting us at email@example.com. Upon cancellation, you will no longer have access to the trial and service. At the end of your 30 day trial, your credit card will be automatically charged for 1 year of the service. After the 30 day trial, we are unable to provide prorated refunds.
Monthly Recipe Membership. During your 14 day trial, you may cancel your membership at any time by contacting us at firstname.lastname@example.org. Upon cancellation, you will no longer have access to the service. At the end of your 14 day trial, your credit card will be automatically charged for your first billing cycle. Automatic billing will subsequently occur for a total of 12 months or until termination by us or a cancellation request is received per the “cancellation of monthly recipe membership” terms below.
Cancellation of Monthly Recipe Membership. You may cancel your membership subscription at any time after your first billing cycle by contacting us at email@example.com. To avoid payment processing of your next monthly payment, you must opt out by emailing us at least three business days prior to your monthly payment date. Upon cancelling, you may continue to use the service until the end of the current subscription period. We do not provide prorated refunds.
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.
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.
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.