Last Updated and Effective as of March 2021
Please read these Terms & Conditions carefully before you start to use www.foodempowerment.com (the “Site). This Site is owned and operated by AliJen LLC DBA Food Empowerment (“Food Empowerment,” “we,” “our” or “us”). The terms “you” or “yours” refer to the user of our Site.
By visiting, using, viewing, or accessing the Site, and/or any content contained on, accessible through or downloadable through this Site, including without limitation, blogs, articles, videos and other material on or available through the Site, whether available for free or by purchase, accessing the Site and Food Empowerment’s social media, or otherwise signing up to receive any of Food Empowerment’s emails, newsletter, social media posts or content, you are voluntarily agreeing to these Terms & Conditions and accept and agree to be bound and abide by them, and you are legally agreeing that you have read, understand, and fully consent to the terms below.
Changes to Terms & Conditions
We reserve our right to change, modify or update these Terms & Conditions at any time in our sole discretion, in which case we’ll update the Effective Date of the Terms & Conditions located at the top of this Terms & Conditions page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Site and its contents, products and services thereafter. By continuing to use the Site after we post any such changes, you accept and agree to be bound by the Terms & Conditions as modified, so please check these Terms & Conditions from time to time to be aware of any modifications.
Intellectual Property Rights
This Site includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. When you access the Site or access or purchase any of its contents, products or services, including any free downloads, Food Empowerment is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and its content, for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money, unless you get written permission from the owner of Food Empowerment that you may do so.
This means that when you access the Site or any content on or available through the Site, you agree that you will only use it for your individual, personal and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Site for any commercial purposes or any other purpose without express written permission from Food Empowerment.
By accepting these Terms & Conditions, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Food Empowerment and/or its owners, managers, officers, or affiliates. You are permitted to use the content only as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Food Empowerment® is a registered trademark of AliJen LLC. All custom graphics, icons, logos and service names are registered trademarks, common law and/or statutory trademarks or service marks of Food Empowerment or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms & Conditions grants you any right to use any trademark, service mark, logo, and/or the name of Food Empowerment or its Affiliates.
Accounts, Passwords and Billing and Registration Information
Certain products or services, including access to our Food Empowerment membership program may be offered for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by us or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by us or another party due to someone else using your account or password.
Some services offered by us are subscription-based services. If you open a subscription-based account with any of our Site, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
You agree to notify us immediately in writing or via email at firstname.lastname@example.org if you discover that the card number you provided to us when you signed up for membership is no longer accurate or valid.
Materials Provide by You to the Site and Your Use of Communication Services
Please choose carefully the materials that you upload to, submit to, or embed on this Site. Any material you post on this Site becomes public. Always use caution when giving out any personally identifying information about yourself in any Communication Service. You are responsible for your material and for any liability that may result from the material you post on this Site. You participate, comment, and post material on this Site or any social media sites of Food Empowerment at your own risk.
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and you agree to post comments or other material only one time. Any communication by you on this Site and its Communication Services, 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.
Food Empowerment has no obligation to monitor the posts, comments, or materials submitted on Communication Services or to enforce any intellectual property rights you may have in the material you post. However, Food Empowerment, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to this Site. Food Empowerment neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this Site Food Empowerment shall not be responsible or liable for any loss or damage caused by your use of any Communication Services or third-party posts, comments, or materials on this Site.
We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. And we reserve the right at all times to 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.
No Unlawful or Prohibited Use or Conduct
You agree that you will not use the Site in any way that causes or is likely to cause the Site or its contents, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Site.
As a condition of your use of the Site and its contents, you agree to use the Site and its contents only for lawful, legitimate, non-commercial purposes and that you will NOT use the Site its contents for any purpose that is illegal, false, fraudulent or prohibited by these Terms & Conditions. You agree that you will NOT use and understand that you are strictly forbidden from using the Site or its contents in any of the following ways:
- In any manner that could damage, disable, overburden, or impair the Site or its contents or interfere with any other party’s use and enjoyment of the Site, its contents;
- To conduct or carry out any unlawful, illegal, fraudulent or harmful activity or conduct activity with any such purpose;
- To send any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
- To send, negatively impact, or infect our Site or its contents with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To send or infect our Site or its 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 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 Site or its contents to you.
- To transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
- To systematically or automatically collect data from this Site.
Food Empowerment may, without notice, refuse access to its Site, in whole or part, to any person that fails to comply with these Terms & Conditions.
Email And Other Electronic Communications
Links to Third-Party Sites, Services or Social Media
This Site may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties (“Third-Party Sites”). The Third-Party Sites are not under the control of Food Empowerment and Food Empowerment is not responsible or liable for any content of any Third-Party Site, including without limitation any link contained in a Third-Party Site or actions taken by the owners and operators of the Third-Party Sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) or social media sites that you may find of interest. While Food Empowerment only provides Third-Party Sites that it believes will provide you with value, the inclusion of any link does not imply endorsement by Food Empowerment of the views, opinions, facts, advice or statements in such Third-Party Sites or any association with its operators. Although Food Empowerment may provide these links, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. Food Empowerment has no control over the contents, actions or functionality of the Third-Party Sites and is not responsible for any loss, damage, or otherwise that may arise from your use of any Third-Party Site. It is your responsibility to review the terms and conditions and privacy policies of the Third-Party Sites to confirm that you understand and agree with those policies. Likewise, if our Site is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever.
As set forth more fully in the Disclaimer, you agree that Food Empowerment has not made any guarantees about the results of taking any action, whether recommended on or in this Site or not. This Site provides educational and informational resources that are intended to help users of this Site succeed in health or 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 Food Empowerment and any individuals associated with Food Empowerment.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether patients of Food Empowerment or otherwise – applying the principles set out in this Site, its contents, products and/or services are no guarantee that you or any other person or entity will be able to obtain similar results.
Any testimonials or examples shown through the Site are truthful reports stated by real people (not actors), but they do not guarantee or promise in any way that you might achieve the same outcome as each situation varies.
User’s Personal Responsibility and Assumption of Risk
As set forth more fully in the Site Disclaimer, we have done our best to ensure that the Site and its contents are accurate and provide valuable information, but we cannot guarantee the accuracy of such information. Neither Food Empowerment nor any of its owners, officers, employees, or contractors are responsible for any errors or omissions on or in this Site 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 this Site 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 Site. Notwithstanding any limitations by law, your use, misuse or non-use of any information on this Site 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 this Site 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 on this Site, 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.
Termination and Access Restriction
Food Empowerment reserves the right, in its sole discretion, to refuse or terminate your access to the Site, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you in these Terms & Conditions with respect to the Site will still apply even after such termination.
Information on Site for Educational And Informational Purposes Only and Not Medical, Health or Professional Advice
This Site has been created to provide information about food sensitivities, recipes and health; however, all information found on this Site is for educational and informational purposes only and is NOT intended as, and must not be understood or construed as, medical care or advice for any person. Nothing on this Site is intended to substitute for professional medical advice, diagnosis, or treatment. The information on the Site is for general information and education only and is not intended as, and must not be understood as, the practice of medicine, the practice of dietetics, or the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or providing any form of medical diagnosis, treatment, cure or prevention of any disease.
No medical services are provided via this Site or its contents, and visiting this Site does not create a doctor-patient relationship between you and any other doctor or health care provider associated with Food Empowerment.
While Dr. Alisun Bonville, ND, one of the owners of Food Empowerment, is a licensed naturopathic medical doctor in the States of Montana, California and Oregon, any information you read on the Site is not a substitute for medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation. If you have any concerns or questions about your health, you should always consult one-on-one with a licensed medical or health care professional. If you are located in Montana, California or Oregon you can reach out to Food Empowerment to learn more about becoming a patient of Dr. Bonville. However, your use of the Site or purchase of any products or services offered on the Site, including the Membership Program, DOES NOT create a doctor-patient relationship between you and Dr. Bonville.
You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Food Empowerment disclaims any liability for your reliance on any articles, opinions, or information contained in this Site. Neither Food Empowerment nor any of its owners, officers, employees, contractors, affiliates or suppliers shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek 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 on or in this Site and its contents regarding dietary supplements have not been evaluated by the Food and Drug Administration. Products sold on or through this Site are not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other licensed medical or health care professional before taking any medication or nutritional, herbal or homeopathic supplement, using any treatment for any health problem, undertaking any diet, exercise or other health program, or making any medical or lifestyle changes.
Errors And Omissions
This World Wide Web Site 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 Site is accurate, but we cannot represent that this Site is free of errors. You accept that the information contained on this Site may be erroneous and agree to conduct due diligence to verify any information obtained from this Site and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL INFORMATION ON AND IN THE SITE, AND ITS CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FOOD EMPOWERMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR SITE AND ITS CONTENTS FOR ANY PURPOSE.
FOOD EMPOWERMENT MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS SITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES. FURTHERMORE, FOOD EMPOWERMENT MAKES NO WARRANTIES THAT THE SITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE, ITS CONTENTS AND ITS SERVICES ARE CONTINUALLY UNDER DEVELOPMENT. FOOD EMPOWERMENT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE, ITS CONTENTS, PRODUCTS AND ITS SERVICES AT ANY TIME.
FOOD EMPOWERMENT FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR ANY OF ITS CONTENT, PRODUCTS OR SERVICES OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL FOOD EMPOWERMENT, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ITS CONTENTS OR ANY SITE OR CONTENT LINKED FROM THIS SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF FOOD EMPOWERMENT HAS 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 FOOD EMPOWERMENT, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
BY USING OR VIEWING THIS SITE AND ITS CONTENTS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE FOOD EMPOWERMENT, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS FROM ANY AND ALL CLAIMS.
This Site (excluding any linked sites) is controlled by Food Empowerment from its offices within the State of Montana, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Washington, by accessing this Site, Food Empowerment and you both agree that the statutes and laws of the State of Montana, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Site.
In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Food Empowerment, or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
The Site is controlled, operated and administered by Food Empowerment from our offices in the United States. Food Empowerment does not represent that materials on this Site are appropriate or available for use in other locations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site and its contents in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to defend, indemnify and hold harmless Food Empowerment and its owners, officers, employees, contractors, affiliates and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Site in violation of these Terms & Conditions, (ii) any breach by you of these Terms & Conditions or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Site, (iv) your use of materials or features available on this Site (except to the extent a claim is based upon infringement of a third-party right by materials created by Food Empowerment or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. 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.
If any portion of these Terms & Conditions is construed to be invalid, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms & Conditions and it shall not affect the validity or enforceability of the remainder of the Terms & Conditions which shall be given full force and effect.
Any failure by Food Empowerment to enforce or exercise any provision of these Terms & Conditions shall not constitute a waiver of that right or provision and shall not be construed as a waiver of any subsequent breach by you.
Affiliate Links Disclosure Policy
We believe in full disclosure. Food Empowerment may earn commissions from products or services recommended on this Site or reviewed or mentioned in articles/blog posts as well as posted on other Site pages. This means that we may earn a commission if/when you click on or make purchases via our affiliate links to other sites that pay a referral commission.
As a policy, Food Empowerment will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Site, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Site but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to Food Empowerment by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
Food Empowerment has relationships with the following companies, organizations or individuals, which may impact the content of this Site:
- Amazon – Grocery Shopping through Whole Foods
- Everlywell for Testing
- Thrive Market for grocery shopping
If you have any questions about these Terms & Conditions, please contact us at email@example.com.