Terms and Conditions
This website, www.FemalesInFood.community, (the “website”) is owned by Females In Food Community LLC a Minnesota LLC (hereinafter “we”, “us” or “our”). Your use of this website and/or participation in our membership community demonstrates your agreement to these terms. We may modify these terms at any time. Continued use of this website, or remaining a community member, after changes to these terms demonstrates your agreement to the new terms.
A.Use of the Website. We provide educational and general information about business, marketing, mindset, and careers for women in the food industry. The information on the site is for education and informational purposes only, and is not intended as personalized advice. Should you elect to act on the information you read, or purchase a product, membership, or service from us, you acknowledge and understand you are making an independent decision that the information is right for you. This website is intended for persons who are over the age of 18. By accessing this website you represent to us that you are at least 18 years of age or have the consent of your parent or guardian to use the resources on this site.
B. Our Membership Community.
a. Membership in our community is open to those interested promoting the success of in women in the food industry. You become a member by indicating the term of membership that you want, completing payment for the membership and filling out your profile. While the profile is not required, it is helpful to others that are looking to connect with you.
b. There maybe an opportunity for makings posts, or commenting on materials provided. We may monitor these posts or comments. You hereby give us permission to remove any post or comment that we believe violates the law; is harmful, inaccurate or untruthful; or otherwise has the potential to harm our community or its members. We are the sole decision makers in the enforcement of this paragraph.
c. You hereby grant other us and other members the right to use the information provided in your membership profile, in comments or posts in connection with us and community related activities.
d. You agree to only provide authentic, accurate information to us and our community members. If any information provided proves inaccurate, you agree that you are liable for any subsequent damages arising from your inaccurate or incomplete information.
e. We will issue membership login credentials to you (e.g. initial password) when you sent up your membership account. You agree that you will protect this information from misuse by third parties. You agree to regularly change your password as one means of helping to protect your account. You are responsible for all activity that occurs using your login credentials. You hereby give us permission to rely upon directions or actions made using your login credentials unless you provided us written notification that you are the victim of identity theft or fraud prior to the disputed action.
f. You agree to comply with all rules established for the proper use of the community resources, including but not limited to respectful communication with community members. We may terminate your membership at any time for failure to comply with the community rules and standards.
g. You agree that you will not systematically retrieve data or other content from our website or community to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; including but not limited to collecting names and email addresses of members.
3. General Terms For the Website and the Membership Community
a. Purchases. You hereby authorize us to charge your credit card on file for the membership term, or any product or service that you have selected. Your membership term will automatically renew unless you cancel the membership prior to the end of the then current term. We may terminate your membership or an order for products or services if we are unable to charge the credit card on file, and you do not update your credit card within 5 days of notification that the credit card needs to be updated. We reserve the right to refuse any order placed through the website, for any reason. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company we use, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as our payment processing company from any damages you incur as a result of your use of the processor, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a service or product through our Website.
b. Ownership. All right, title and interest in and to the website and the digital assets of the membership community, including but not limited to the copyrights and trademarks therein, belong to us, our suppliers or partners. These materials include but are not limited to website design, layout, photographs, videos, articles, graphics, content, information, documents, data, our logo, artwork, and color scheme. You will likely be in violation of this Agreement and various laws should you copy, repost, alter, publish, sell, assist others in selling, manipulating, distributing, or in any way attempting to exploit any of the content or intellectual property on the website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our website, the membership community, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any infringement or misuse to the full extent of the law. You agree you will not remove the copyright or other proprietary rights notice from any content received by you.
c. Use of Website and Community Membership Materials. We grant you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. We may give you additional rights as part of the purchase of specific materials, classes or workshops from us.
d. Permissions to Use Information. Any requests for written permission to use any content posted on our Websites shall be made before you wish to use any such content, and may be made by sending an email with your written request to email@example.com.
e. Posting or Adding Information or Materials to the Website or Membership Community. If you post or provide comments, feedback, photographs or other content, you represent that you are the owner of such content or otherwise have the right to provide such content to the website and/or the membership community. You understand that should any of your comments or posts be used, in whole or in part, by us, our suppliers, partners or community members you are not entitled to any payment and will not request any form of payment or favorable treatment in return.
f. Testimonials. Our website may feature testimonials from clients or others, in order to provide readers with comments, feedback, and information from others’ experiences with our services, website and membership community. While all information, photos, and quotes used are from actual persons, these testimonials are not to be considered as a guarantee that you will experience the same results or experience. You understand that the individuals featured may have different work histories, educational levels, and other factors and what worked for them may not work for you.
g. No Warranties. We make no warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose regarding your use of the website, any products or services you buy, or membership in our community. Although we have spent considerable time and effort in creating the content featured on www.FemalesInFoodCommunity.com, you understand that we are not responsible nor liable for any errors or omissions in the information provided. There may be inadvertent typographical errors or inaccuracies. We are not responsible for the accuracy of information on our website or the information provided by our members. By choosing to read or implement ideas on this website and/or participate in our membership community, you are solely responsible for any outcomes or results (positive or negative.) We care not responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any injuries or negative ramifications. Individual success depends on your own mental and emotional state, as well as your dedication. While we may provide information from our own member’s experiences, and industry leaders, we do not make any guarantees or assurances regarding a particular financial outcome, nor are we responsible for your earnings, or any increase or decrease in your finances based upon information you interpreted from Website.
h. Limitation of Liability. We are not liable for any direct, indirect, special or consequential damages arising from your use of the website, or any of the information contained in the website or the membership community. We have no responsibility or liability for policies of third party payment processing companies we use to facilitate purchases through our Website. We are not liable for any unauthorized access to or use of your personal information regardless of the cause of action claimed, including but not limited to negligence or other tort claims, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
i. Indemnity. You agree at all times to defend, fully indemnify and hold harmless us, our affiliates, agents, team members, guest bloggers or other parties associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our website, the information contained therein, purchase of any products or services offered by us; or your participation in the membership community. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
j. Affiliates and Endorsements. References to other coaches, information, events, services, products, opinions, or companies on our website, blog, or emails is meant purely as a way to share information, not as an endorsement or suggestion that you purchase or use whatever is being mentioned. From time to time, we may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company whom we feel aligns with our products or services. You understand that should an affiliate or joint venture program be featured on our website, we may receive financial compensation or other payment as a result. Regardless of where or not an individual or company is an affiliate or endorsed, you agree that we are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our website or in the membership community.
k. Dispute Resolution. These Terms and Conditions shall be governed by the laws of the State of Minnesota without regard to any choice of law provisions. The prevailing party in any dispute shall be entitled to receive their attorney’s fees, and costs related to enforcement of the terms of this Agreement. The following procedure shall be followed with respect to any dispute arising out of, or relating to, this website or the Females In Food Community, or any goods or services obtained through this website or the Females In Food Community: If the parties are unable to resolve a dispute, the parties agree to seek mediation as the next step in the dispute resolution process. A party wishing to engage a mediator to settle the dispute will send a notice of mediation to the other party. The mediator must have experience in resolving consumer disputes arising though the use of websites to obtain information, goods or services. If the parties have not agreed on a mediator within 20 business days of the receipt of the request for a mediator, or if the matter in dispute has not been resolved within 60 days after delivery of the notice to engage a mediator, either party seek Arbitration. If the parties can’t reach agreement through negotiation and mediation, the parties will engage in binding arbitration to resolve the issue. A party wishing to refer a dispute to binding arbitration must provide notice to the other party stating: (i) a description of the dispute, and (ii) that the dispute is being referred to binding arbitration. The parties shall endeavor to agree promptly on a panel of three arbitrators, each designating one arbitrator. The two arbitrators so designated shall endeavor to agree promptly on a third arbitrator, which third arbitrator shall be the chair of the arbitral panel. Any party may request the American Arbitration Association (AAA) to designate its arbitrator. If any arbitrator resigns, becomes incapacitated or otherwise refuses or fails to serve or to continue to serve as an arbitrator, the party entitled to designate that arbitrator shall designate a successor arbitrator. If either party fails to appoint an arbitrator within 45 days after the written notice that the dispute is being referred to arbitration, the arbitrator chosen by the party that has chosen an arbitrator shall act as the sole arbitrator. In the event that the two arbitrators appointed by the parties cannot agree on a third arbitrator within 10 business days following appointment of the second arbitrator, then the third arbitrator shall be appointed by the AAA in accordance with its then-applicable rules. The binding arbitration shall be conducted in Minneapolis, Minnesota. The arbitration shall be conducted under the then-applicable provisions of the AAA to the extent not inconsistent with the provisions of this section. Discovery will be limited in scope to books, records, documents and information related to the issue(s) in dispute. The arbitrator(s) shall have the power to further limit the scope of discover or the number of witnesses. Any judgement or ruling issued by the arbitrator(s) shall be enforceable in a court of law.
l. General. This Agreement constitutes the entire agreement between the Parties with respect to use of the website and/or participation in the membership community and supersedes any and all prior agreements, discussions, negotiations, arrangements, or understandings, whether written, oral or implied, with respect to the subject matter of the Agreement. Terms which by their natural interpretation extend beyond the term of this Agreement will be deemed to survive the termination of this Agreement (e.g. perpetual license grants). This Agreement may not be modified or amended without the prior written consent of each Party. Should any one or more parts of this Agreement be declared invalid through arbitration or by any court of competent jurisdiction for any reason, such decisions shall not affect the validity of any remaining portions, which shall remain in full force and effect as if this Agreement had been executed with the invalid parts thereof eliminated. This Agreement shall be binding upon and inure to the benefit of each Party and their respective successors and permitted assigns. Failure to insist upon strict compliance of any of the terms of the Agreement shall not be deemed a waiver of such term.