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    Terms and Conditions – Paleo Crave

     

    PLEASE REVIEW THIS END USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“PARTICIPANT” OR “YOU”) AND PALEO CRAVE(“PALEO”, “OUR” OR “WE”) WITH RESPECT TO THE USE OF PALEO’S SERVICES (“SERVICES”). BY USING OUR SERVICES AND WEBSITE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN OR AS AMENDED FROM TIME TO TIME BY PALEO. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.

     

    1. Services. Paleo Crave is a paleo-based meal program that offers Participants three meals and a snack (“Meals”), prepared and delivered fresh for your enjoyment. Participants may purchase weekly meal plans through our website. The plan supplies wholesome, delicious food every weekday to keep you on track with your healthy lifestyle goals. The paleo diet is one based on eating from the food groups our ancestors flourished on during the paleolithic era. These food groups include fresh meats, seafood, fruits, vegetables, seeds, nuts and healthy oils. To put it simply; no dairy, cereal grains, legumes, refined sugars or processed foods. Our chefs strive to keep the menu tasty and exciting, making it easier for you to indulge your taste buds while maintaining a healthy diet.

     

    2. Purchases. Participants place orders on our website. Once payment is confirmed, we will deliver the Meals according to the delivery instructions provided at the time of your order. Once a Meal has been ordered, the transaction cannot be canceled after the services begin. If for you are unable to accept delivery of you Meals, contact us immediately so that alternative arrangements can be made. We are not responsible for any food spoilage after delivery has been made. If you have any questions concerning the proper storage of your Meals, you may contact us with any questions. Payment for you Meals is expected at the time of your order. We process payments on our website through PayPal & Authorize.Net. Participants are responsible for any fees related to payment processing.

     

    3. Fees. Paleo does not charge a membership or participation fee for our Services. Participants are only charged for the Meals that they purchase. We reserve the right to add or change our fee structure at any time. You will be advised of any fees before you are charged the fee. Additionally, you should check our current Terms and Conditions and our fee structure and to verify the current fees involved in a transaction before purchasing any Meals from our website. Participants may be charged additional fees by payment processing companies, including but not limited to credit card processing fees. Participants are advised to check with the third party payment processing companies to verify their fee structure prior to making payments.

     

    4. Food Allergies. If you or anyone that you are purchasing Meals for suffers from any food allergies, we require that you to contact us via email or phone with the details of the food allergy before purchasing any Meals. We make every effort to use the finest ingredients, to identify the ingredients that may cause allergic reactions and to fully describe the Meals that you are purchasing. However, as with food preparation in any kitchen, some Meals may contain trace amounts of food allergens. Therefore, we cannot guarantee that all our Meals will be free of food allergens. You are consuming our Meals at your own risk. We cannot and do not assume any liability for any adverse reactions related to food consumed.

     

    5. Customer Care. If you have any concerns or problems with our Services or any aspect of the Meals or the delivery of Meals, contact us immediately. If you are contacting us concerning an order, please have the name that the order was placed under and the order transaction number.

     

    6. Proprietary Rights. All material and content on our site is the sole property of Paleo, including but not limited to, software, texts, graphics, images, logos, patents, trademarks, service marks, copyrights, photographs, audios and. Unless otherwise provided in these Terms and Conditions, these Terms and Conditions shall not be deemed to create a license in or under such intellectual property, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivates materials or content from this Service.

     

    7. Privacy. We care about the privacy of our Participants. We will not sell or rent your personal information. We will not send you spam. Paleo does use cookies to store information about your account when you interact with the site. If your web browser permits, you can refuse to accept cookies from Paleo, but with cookies enabled, Paleo will be able to remember your account preferences and login information, thus providing a smoother user experience.

     

    8. Security. Paleo is a secure site. We use industry standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required. We protect your personal information with physical, electronic, and managerial procedures.

     

    9. DCMA Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

     

    10. Return Polices. All Sales are final after receiving your first meal of the week.

    A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    B. Identification of the copyrighted work that you claim has been infringed;
    C. Identification of the material that is claimed to be infringing and where it is located on the Service;
    D. Information reasonably sufficient to permit Paleo to contact you, such as your address, telephone number, and e-mail address;
    E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

    The above information must be submitted to Paleo at:

    Paleo
    Attn: DMCA Notice
    __(Street)__________________
    ___City, State, Zip___________
    Telephone & Fax: _____________
    Email: richard@thepaleocrave.com

     

    UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

     

    Please note that this procedure is only for notifying Paleo that your copyrighted material has been infringed. The preceding requirements are intended to comply with Paleo’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but does not constitute legal advice. It may be advisable for you contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

    10. User Representations. You represent that you are eighteen (18) years of age or older. If you are under 18, you must be at least thirteen (13) years of age and have the permission of your parent or guardian to use our Service.

     

    11. Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AND IS TO BE USED ON A “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ARE USING THIS SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PALEO DOES NOT WARRANT THE CONTENT IS CORRECT OR RELIABLE; THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS; THAT THE SERVICE MEET YOUR REQUIREMENTS; THAT THE SERVICE IS SECURE OR THAT THE SERVICE IS FREE OF DEFECTS, ERRORS, HARMFUL COMPONENTS OR VIRUSES. ANY CONTENT ACCESSED OR DOWNLOADED FROM THIS SITE IS DONE AT YOUR OWN RISK. PALEO WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA AS A RESULT OF USE OR DOWNLOADING FROM THIS SERVICE.

     

    14. Indemnification. You agree to indemnify, defend and hold harmless Paleo, and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising from: (i) your act(s) or omission(s); (ii) your violation of any applicable law, including, without limitation, the United States CAN SPAM Act and Canada’s Fighting Internet and Wireless Spam Act; (iii) your breach of any term or condition set forth in this Agreement and/or (iv) your breach of any of representation(s) or warranties set forth herein.

     

    15. Limitation of Liability. In no event will Paleo or any of its representatives be liable to a Participant or any other party for any special, direct, indirect, incidental, exemplary, consequential or punitive damages arising from or related to the service or to this Agreement. No claim may be asserted by you against Paleo more than twelve (12) months after the date of the cause of action underlying such claim. In the event of any failure, or Paloe’s non-provision, of the Services, a Participant’s sole and exclusive remedy shall be for Paleo to use commercially reasonable efforts to replace or provide the Services.

     

    16. Miscellaneous
    A. Governing Law. This Agreement will be governed by the laws of the State of Florida as applied to agreements entered into and performed entirely within the State of Florida, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction.

    B. Relationship. These Terms and Conditions do not create a partnership, joint venture or agency relationship between Paleo and Participant. Participant does not have any right, power, or authority to act as a legal representative of Paleo.

    C. Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.

    D. Survival. The provisions of these Terms and Conditions by their nature and context are intended to survive the performance and termination of the Services and will survive the completion of performance and termination of the Services.

    E. Entire Agreement. These Terms and Conditions, as amended from time to time by Paleo, constitutes the entire agreement and understanding between you and Paleo and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the Paleo and Member.

    F. No Waivers. Paleo’s failure to exercise any of its rights under these Terms and Conditions will not constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default.

    G. Notice. Paleo may provide Participants with general notice by electronic mail to Participant’s e-mail address of record, or by written communication sent by first class mail or pre-paid post to Participant’s address of record, or to such other address designated by Participant and communicated to Paleo in accordance with the notice delivery provisions stated above. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing if sent by first class mail or pre-paid post, or twelve (12) hours after sending if sent by electronic mail. Except as otherwise provided herein, Participant must give notice to Paleo(such notice shall be deemed given when received by Paleo) by using one of the following means: (i) letter delivered by a nationally recognized overnight delivery service; or (ii) by first class postage, return receipt requested, prepaid mail to Paleo; in either event, to the following address: