1. Information and Education Only; Not Medical or Professional Advice
The Membership Program is for informational and educational purposes only and is not to be perceived as or relied upon in any way as medical or nutritional advice for any individual. The Membership Program is NOT intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine, the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, the practice of dietetics or nutrition, or as providing any form of medical diagnosis or treatment. Furthermore, the Membership Program is not intended to and does not diagnose, treat, cure or prevent any disease or medical condition. Dr. Alisun Bonville, ND and Jennifer Erickson, MS, MCLC, do not provide health care, medical care or nutrition therapy services to any participant in the Membership Program. Information presented in the Membership Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
NO medical services are provided on or through any Membership Program. Your enrollment in the Membership Program, including your access to information provided in the Membership Program or implementation of any suggestions set out in the Membership Program or Membership Program Content, DOES NOT create a doctor-patient relationship between you and Dr. Alisun Bonville, ND, or any doctor or professional that may be associated with the Membership Program.
You should not rely on the Membership Program or Membership Program Content as a substitute for the professional medical advice, diagnosis, or treatment from a qualified healthcare provider who is familiar with your individual situation. Always seek the advice of your qualified health care provider with any questions you have regarding a medical condition or your health and prior to changing any medications, taking any supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen.
Do not disregard, avoid or delay obtaining medical advice from a licensed medical or health professional because of something you have read, viewed or heard on or in the Membership Program or Membership Program Content. Do not stop taking any medications without speaking to your licensed medical or health care professional.
Because we expressly recommend that you seek advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in the Membership Program is solely at your own risk. Neither Food Empowerment nor any of its owners, officers, directors, employees, contractors, agents, affiliates, successors-in-interest, transferees or assignees shall be held liable or responsible for any errors or omissions in the Membership Program or for any damage you may suffer as a result of failing to seek competent medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements in the Membership Program regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any such dietary supplements or products sold on or through any website operated by Food Empowerment or its affiliates or any products which may be mentioned in the Membership Program are not intended to diagnose, treat, cure or prevent any disease. Always consult your physician or other licensed medical or health care professional before taking any nutritional, herbal or dietary supplement.
3. Membership Program Benefits
As part of the Membership Program you will receive:
- 15-minute one-on-one coaching session with Certified Master Coach, Jennifer Erickson, [during your first month in the Membership Program]/each month.
- Access to the private Food Empowerment® Members-Only Facebook Group to get support, share recipes, and meet other Food Empowerment® members
- Facebook Live group meetup calls with Dr. Alisun Bonville, ND one time per month on the private members-only Facebook Group page; all Facebook Lives will be recorded, so members can watch the replay if they can’t join live.
- Facebook Live group meetup calls with Certified Master Coach, Jennifer Erickson one time per month on the private members-only Facebook Group page; This group coaching session will encompass nutrition, challenges and self-help tools. All Facebook Lives will be recorded, so members can watch the replay if they can’t join live.
- Access to new recipes added to the Members-only recipe content each month
4. Payments, Cancellations and Refunds
The Membership Program is offered on an ongoing basis with a monthly subscription of $15.99 per month or an annual twelve-month subscription for a total of $120.00 for all twelve months (38% discount).
If paying monthly, you give Food Empowerment permission to automatically charge your credit card or debit card on file on a monthly basis for all fees and charges due as payment for the Membership Program for as long as you remain a member without any additional authorization or notification from you, and you will receive an electronic receipt following the charge. You also agree that Food Empowerment is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). Food Empowerment cannot control and has no responsibility or liability for the policies or actions of the payment processing companies.
If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you will have a one (1) day grace period to make the payment, otherwise your access to the Membership Program will not continue and we reserve the right to terminate your access to the Membership Program and all Content immediately and permanently.
You agree to only purchase access to the Membership Program for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. And you agree to be financially responsible for any purchases made by you or someone acting on your behalf.
Cancellations and Limited Refund
Users may cancel subscriptions at any time by emailing email@example.com.
Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
Your satisfaction with our Membership Program is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and providing our Membership Program, we only offer a limited refund.
- If you have a monthly subscription, you may cancel at any time, but we only offer refunds if you cancel within 14 days of your first monthly subscription payment. Thereafter you may cancel at any time, but we do not offer refunds anytime after the first 14 days. To avoid future charges to your credit card, please alert us in advance of your monthly subscription charge if you would like to cancel for the following month.
- If you choose to pay upfront for an annual membership, we only offer refunds if you cancel within the first fourteen (14) days of your date of purchase.
You may request your money back by emailing firstname.lastname@example.org. That email must contain information about the date of the purchase, and the email and name associated with any such purchase.
Upon determining that you are entitled to a refund pursuant to this policy, we will issue an instruction to our payment processor to issue the refund. Food Empowerment does not control its payment processor and will not be able to expedite any refunds. No refunds will be offered after 14 days of purchase.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses and access granted you to use the material provided in the Membership Program.
Any customer may redeem a money-back guarantee from Food Empowerment only once regardless of how many products and/or services the customer purchases. In other words, after a customer has received a refund for any one Membership Program subscription under this money-back guarantee, that customer shall not be entitled to a refund as to any other product or service purchased from Food Empowerment.
5. Intellectual Property Rights
a) Ownership of Membership Program Content and Food Empowerment’s Limited License to You
Our Membership Program, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Membership Program and any website or e-mails we may use to distribute or host the Membership Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Membership Program Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by Food Empowerment or its affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.
When you purchase access to the Membership Program or view or access any Membership Program Content, Food Empowerment is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Membership Program and Membership Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use.
You are NOT permitted to share any Membership Program Content with your friends, family, colleagues, or any other person. If they would like access to the Membership Program, they must purchase their own license to the Membership Program separately.
This means that when you purchase access to the Membership Program, you may watch, listen to, download and/or print Membership Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Membership Program or Membership Program Content with or to friends, family members, colleagues, or any other third party, or use any Membership Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Membership Program in any way as if it is yours or created by you, and you may not reprint or republish any part of the Membership Program and Membership Program Content for publication or compilation into your own products or services for business/commercial use or in any way that earns you or a third-party money.
Furthermore, you may not hypertext, frame or inline link to any part of the Membership Program or Membership Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Membership Program or Membership Program Content without Food Empowerment’s express written permission.
You understand that purchasing, downloading, printing, or otherwise using the Membership Program and Membership Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Membership Program or Membership Program Content. It is still Food Empowerment’s and/or it’s respective owner’s property.
Any trademarks and logos displayed in the Membership Program and Membership Program Content are trademarks belonging to Food Empowerment or its affiliates unless otherwise indicated. Any use, including framing, metatags or otherwise utilizing these trademarks, is strictly prohibited without Food Empowerment’s express written permission.
b) Request for Permission to Use the Membership Program Content
c) Unauthorized Use and Infringement of Membership Program Content
In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of five (5) times the total fees paid for the Membership Program, or a minimum of $5,000.00, whichever is greater, in addition to any legal or equitable remedies Food Empowerment may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.
6. Materials Provided By You – Your License to Food Empowerment; Use in Testimonials and Marketing.
When you voluntarily share any information in a live group session, and when you voluntarily submit, post or upload any material such as any comments, posts, photos, designs, graphics, images, videos or other uploads or materials or other contributions (each “your Submission” or collectively “your Submissions”), on or through a Membership Program, including on or in any Facebook Group and/or other public or private forums, communities, bulletin board services, chat areas, comment sections, interactive service and/or other message or communication facilities designed to enable you to communicate with other users of the Membership Program or the public at large (collectively, “Communication Services”), you are representing that you are the owner of all such materials and you are at least 18 years old. By submitting, posting or uploading your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submission.
When you voluntarily share any information in a live online class or session, and when you voluntarily submit, post or upload your Submission you are granting Food Empowerment and anyone authorized by Food Empowerment, permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the information you share and/or your Submission, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including, without limitation, for Food Empowerment’s marketing, advertising or promotional efforts, and you are granting Food Empowerment the right to make it part of current or future courses or programs offered and created by Food Empowerment or any of its affiliates. This right includes granting Food Empowerment use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by Food Empowerment to you.
You also grant Food Empowerment, and anyone authorized by Food Empowerment, the right to use your likeness and with respect to any Submissions, to also identify you as the author and/or individual depicted in any of your Submissions by name, email address, or screen name, for any purposes, including commercial purposes, marketing, and advertising. You acknowledge that Food Empowerment has the right but not the obligation to use and display any of your Submissions of any kind, and that Food Empowerment may elect to cease the use of any of your Submissions in the Membership Program and Membership Program Content at any time for any reason whatsoever.
Media Release. By participating in a Membership Program, including any Communication Services (such as Facebook community, Slack channel etc.), you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your image, your voice and/or your likeness. In Food Empowerment’s sole discretion, Food Empowerment reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials created by Food Empowerment in connection with your participation in the Membership Program, without compensation to you at any time, now or at any time in the future including, without limitation, for Food Empowerment’s marketing, advertising or promotional efforts.
This means you give Food Empowerment permission to use anything you submit or post in the Membership Program, including any Communication Services, or any third-party forum or website hosting the Membership Program, or anything captured by Food Empowerment during your participation in the Membership Program, including images of you and images of you in which your face is visible and recognizable, in any manner or medium and for any purpose.
Use of Recordings. Please note that coaching calls, webinars, or other audio or visual services may be recorded by us and can be used in the future by Food Empowerment for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to email@example.com.
7. Your Conduct in the Membership Program and Communication Services
a) Confidentiality of other Membership Program Participants.
You agree to keep all information you learn about other Membership Program participants strictly confidential except in very rare circumstances where disclosure is required by law.
b) Your Submissions and Use and Participation in Communication Services
You are responsible for your Submissions, which includes anything you submit, comment, post or upload, and for any liability that may result from any such Submissions. You participate, submit, comment, post and upload your Submissions at your own risk. Any communication or Submission by you on any Communication Services or on any website operated by Food Empowerment or any third-party forums hosting Membership Program Content, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other Submissions only one time and to use any and all Communication Services only to post, send and receive messages and material that are proper and related to the Membership Program and particular purpose of the Communication Service. Bullying or other comments that makes other users of the Membership Program feel poorly will not be tolerated. The Membership Program is designed to be a safe space for all participants.
Food Empowerment reserves the right, in its sole discretion, to edit, modify, delete, refuse to post or otherwise remove, in whole or part, any of your Submissions on any Communication Services or on any website operated by Food Empowerment and any third-party forums hosting the Membership Program Content as well as to terminate your access to the Membership Program and/or any or all of the Communication Services at any time without notice in its sole discretion. Please note however that Food Empowerment does not monitor and does not have any obligation to monitor the Communication Services or any posts, comments, or material submitted by third parties.
The views of any users or participants of the Membership Program and Communication Services do not necessarily reflect those of Food Empowerment or its owners. Food Empowerment neither endorses nor make any representations as to the truthfulness or validity of any third-party posts, comments, information or material found on any Communication Services. Therefore, neither Food Empowerment nor its owners shall be responsible for and specifically disclaim any and all liability arising from or relating to any loss or damage caused by third-party posts, comments, or materials on any Communication Services and any actions resulting from your participation in any Communication Service.
Food Empowerment reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
c) No Unlawful Or Prohibited Use
You understand that you are solely responsible for all electronic communications and content sent from your computer to any Membership Program and any website hosting the Membership Program. You agree that you will not do any of the following and you will not use any Membership Program, Membership Program Content or Communication Services in any of the following ways
- In any manner that causes or is likely to cause any of the Membership Program, Membership Program Content, Communication Services or access to the Membership Program or Membership Program Content or Communications Services to be damaged, disabled, interrupted, overburden, or impaired in any way.
- To upload, copy, store, host, transmit, send, publish, distribute, negatively impact, or infect the Membership Program, the Communications Services or any website or third-party forum operated by Food Empowerment with, any spyware, software viruses, software worms, corrupted files, Trojan horse, keystroke logger or any other malicious, harmful or similar computer code or software designed to adversely affect or damage the operation of any computer software or hardware.
- To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- To send, publish, post, upload, distribute or disseminate any material that is illegal, offensive, abusive, indecent, harmful, profane, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, infringing intellectual property rights, or that may otherwise injure others.
- In any manner that interferes with any other party’s use and enjoyment of the Membership Program, Membership Program Content, or the Communication Services.
- To upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- To advertise or offer to sell or buy any goods or services for any business purpose, or to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
- To conduct or forward surveys, contests, pyramid schemes or chain letters to copy, store, host, transmit, send, publish, distribute, negatively impact, or infect the Membership Program, the Communications Services or any website or third-party forum operated by Food Empowerment with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not.
- To harvest attempt to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- In any manner that violates any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- To cause annoyance, inconvenience, anxiety, or fear.
- To impersonate any third party or otherwise mislead as to the origin of your contributions.
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Membership Program.
Please choose carefully the information you voluntarily share for viewing by others in the Membership Program, including any online live classes and sessions, any Communication Services, any website or social media sites, or in any third-party forums operated by Food Empowerment, as anything you share also can be seen, collected and used others, and become public. Any personal information you voluntarily share as part of your participation in the Membership Program, whether on any Communication Services or in any live webinars or conference calls, or any other method of communications related to the Membership Program and Membership Program Content, is done at your own risk. Food Empowerment cannot guarantee your privacy for what you voluntarily share, and Food Empowerment is not responsible for any unauthorized use by others of such information that you voluntarily share.
However, due to the nature of the Internet, no data transmission over the Internet can be guaranteed to be completely secure. As a result, Food Empowerment cannot ensure or warrant the security of your Confidential Information or of any other data or information you transmit via the Internet. By transmitting any Confidential Information, data or other information to Food Empowerment, you accept that and acknowledge that you do so at your own risk. Food Empowerment has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but Food Empowerment makes no assurances about the ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
9. Accessing the Membership Program; Username and Password
During the registration process for a Membership Program, you agree to provide true, accurate, current and complete information about yourself. To access the Membership Program and/or certain features of the Membership Program, including any private membership areas, you may need a username and password. You agree to keep your username and password to access the Membership Program confidential. You are responsible for maintaining the confidentiality of your username, password and Membership Program account and are responsible for all activities (whether by you or by others) that occur under your username, password or Membership Program account. You are not permitted to share your username and/or password or access to your Membership Program account with anyone at any time.
If Food Empowerment has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Membership Program to any other person, Food Empowerment reserves the right to immediately suspend or terminate your account and your access to the Membership Program including without limitation, any Communication Services such as for example, private forums, Facebook groups or any other related communications, and to refuse any and all current or future use of the Membership Program or any Membership Program Content, in whole or in part, without refund.
It is your responsibility to protect your own username and password from disclosure to others. Food Empowerment cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. You are responsible for activities that take place using your username, password and within your account. If you share your username and password with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify Food Empowerment immediately of any unauthorized use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password or other personal information.
Food Empowerment reserves the right to withdraw or amend the Membership Program in its sole discretion without notice. Food Empowerment will not be liable if for any reason all or any part of the Membership Program or Membership Program Content is unavailable at any time or for any period. From time to time, Food Empowerment may restrict access to some or all of the Membership Program to users, including registered users if deemed necessary to update the Membership Program or Membership Program Content.
10. Errors and Omissions Disclaimer
Food Empowerment has done its best to ensure that the Membership Program and Membership Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, Food Empowerment cannot guarantee the accuracy of such information. You acknowledge that the Membership Program and Membership Program Content may contain inaccuracies or errors and neither Food Empowerment nor any of its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, successors-in-interest, transferees or assigns shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Membership Program or Membership Program Content 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. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in the Membership Program and Membership Program Content for any person.
11. Personal Responsibility and Assumption of Risk
By accessing the Membership Program or any Membership Program Content in any way you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in the Membership Program and/or Membership Program Content. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything suggested or recommended on or in the Membership Program or Membership Program Content and you agree that you do so at your own risk.
NEITHER FOOD EMPOWERMENT NOR ANY OF ITS OWNERS, OFFICERS, EMPLOYEES, OR CONTRACTORS ARE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON OR IN THE MEMBERSHIP PROGRAM 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.
BY ACCESSING THE MEMBERSHIP PROGRAM AND ITS CONTENTS IN ANY WAY, YOU ACCEPT PERSONAL RESPONSIBILITY FOR THE RESULTS OF YOUR ACTIONS. FOOD EMPOWERMENT IS NOT RESPONSIBLE FOR YOUR PERSONAL ACTIONS OR CHOICES BEFORE, DURING OR AFTER USE OF OUR MEMBERSHIP PROGRAM. NOTWITHSTANDING ANY LIMITATIONS BY LAW, YOUR USE, MISUSE OR NON-USE OF ANY INFORMATION IN THE MEMBERSHIP PROGRAM IS AT YOUR OWN RISK, AND YOU AGREE TO TAKE FULL RESPONSIBILITY FOR ANY HARM OR DAMAGE YOU SUFFER AS A RESULT OF YOUR USE, MISUSE OR NON-USE, OF THE INFORMATION AVAILABLE ON OR IN THE MEMBERSHIP PROGRAM AND TO ABSOLVE FOOD EMPOWERMENT OF ANY LIABILITY OR LOSS THAT YOU, YOUR BUSINESS, OR YOUR FAMILY, CHILDREN OR HEIRS (IF APPLICABLE) OR ANY OTHER PERSON, MAY INCUR.
ADDITIONALLY, YOU ACKNOWLEDGE THAT WHEN MAKING YOUR OWN DECISIONS AND TAKING ANY ACTIONS OR IMPLEMENTING ANYTHING SUGGESTED IN THE MEMBERSHIP PROGRAM, WHICH IS ALL INFORMATION AND EDUCATION, YOU ARE USING YOUR OWN JUDGMENT AND CONDUCTING YOUR OWN DUE DILIGENCE AND ASSESSMENT OF RISK, AND YOU ARE VOLUNTARILY MAKING THOSE DECISIONS WITH THE FULL AWARENESS THAT THERE MAY BE RISK INVOLVED
12. No Guarantees of Results
You agree that no results of use or participation in the Membership Program are guaranteed and that Food Empowerment has not made any guarantees about the results of participating in or taking any action, whether recommended on or in the Membership Program and Membership Program Content or not. Your participation in the Membership Program does not guarantee any success with respect to health outcomes, including, without limitation, food sensitivities or otherwise. The Membership Program and Membership Program Content are for educational and informational purposes and are intended to solely to provide users of a Membership Program with education and tools about their health and how to develop a course of action to work with their doctor(s). You recognize that any health or other outcome is the result of your own efforts, your particular situation and health history, and innumerable other circumstances beyond the control and/or knowledge of Food Empowerment
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of Food Empowerment, users or participants of a Membership Program or otherwise, are no guarantee that you or any other person or entity will obtain similar results.
13. No Warranties
FOOD EMPOWERMENT MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT. FURTHERMORE, FOOD EMPOWERMENT MAKES NO WARRANTIES THAT THE MEMBERSHIP PROGRAM, MEMBERSHIP PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE MEMBERSHIP PROGRAM, MEMBERSHIP PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS, INCLUDING COMMUNITY FORUMS, BULLETIN BOARDS, MEMBERSHIP PAGES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FOOD EMPOWERMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT. ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FOOD EMPOWERMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT.
FOOD EMPOWERMENT FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT.
14. Technology Disclaimer
While the hope is that the availability and delivery of the Membership Program, Membership Program Content and Communication Services is uninterrupted, Food Empowerment cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. To the fullest extent permitted by law, Food Empowerment is not liable to you for damages or refunds, or any other recourse, should any of the Membership Program, Membership Program Content or Communication Services become unavailable or access to them becomes slow or incomplete due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Membership Program, Membership Program Content or Communication Services inaccessible to you.
15. Links and References to Third-Party Websites, Services and Products
The Membership Program and Membership Program Content may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Membership Program (collectively, “Third-Party Sites”). Food Empowerment may receive a commission if you make a purchase from or through a link provided in the Membership Program or Membership Program Content to a Third-Party Site; however, the Third-Party Sites are not under the control of Food Empowerment, and Food Empowerment is not responsible or liable for any content on or actions of any Third-Party Sites. The inclusion of any links or references to Third Party Sites in the Membership Program Content are provided for your convenience only and does not imply Food Empowerment’s or its owners’ endorsement, sponsorship, or approval of the actions, views, opinions, facts, advice or statements in such Third-Party Sites or of their owners or any association with their operators. Because Food Empowerment has no control over the contents or functionality of Third-Party Sites, Food Empowerment is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Sites, their accuracy or reliability, or for errors or omissions caused by Third Party Sites or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying goods or services from any Third Party Sites and to review the terms and conditions and privacy policies of Third Party Sites to confirm that you understand and agree with those policies.
16. Limitation of Liability and Release of Claims
YOU AGREE TO ABSOLVE FOOD EMPOWERMENT, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS-IN-INTEREST, TRANSFEREES AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT. YOU AGREE THAT THE RELEASEES SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT IN ANY WAY, OR WITH THE PERFORMANCE OF THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOOD EMPOWERMENT OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
BY PURCHASING OR USING OR THE MEMBERSHIP PROGRAM AND MEMBERSHIP PROGRAM CONTENT, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.
Food Empowerment reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Food Empowerment in asserting any available defenses.
Food Empowerment reserves the right in his sole discretion to refuse or terminate your access to the Membership Program and Membership Program Content, in full or in part, at any time without notice, including but not limited to, any Communications Services, any private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to the Membership Program and Membership Program Content. In such case, you will be sent an e-mail to the e-mail address you provided upon purchase of the Membership Program alerting you of this. In the event of cancellation or termination, you are no longer authorized to access the part of the Membership Program or Membership Program Content affected by such cancellation or termination.
19. Governing Law and Dispute Resolution
It is hoped that you will have no dispute with Food Empowerment However, should a dispute arise between you and Food Empowerment, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Food Empowerment via e-mail at firstname.lastname@example.org in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Membership Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Gallatin County in the State of Montana, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
20. Users Outside United States
Food Empowerment controls and operates the Membership Program from its offices in the United States. Food Empowerment does not represent that materials on any Membership Program are appropriate or available for use in other locations. People who choose to access a Membership Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
While the hope is that there is never a dispute and that any misunderstandings or situations can be amicably resolved, in the event of a dispute between you and Food Empowerment, you agree to not engage in any conduct or communications, public or private, including on social media, intentionally designed to disparage Food Empowerment, its owner or the Membership Program. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.