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Terms of Use

 

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FEMALES IN FOOD MEMBERSHIP SITE TERMS OF USE

By clicking the “Purchase” button, you, the purchaser of a subscription to the Membership Site entitled Females in Food, (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase entry into Females in Food to be provided with services rendered by The Everyday Real Females in Food  (hereinafter “The Everyday Real”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with The Everyday Real, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of thirty-five U.S. dollars ($35) Client has agreed to purchase a tri-monthly subscription to Females in Food. . In exchange, The Everyday Real agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.

Membership Site Outline:
Client agrees and understands that he/she is purchasing a tri-monthly subscription to Females in Food, offering educational resources, group mentoring calls, and a community of like-minded females.

Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Females in Food as well as what is not included.

Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on The Everyday Real’s website.

Females in Food is not to be considered a substitute for personalized business, medical, or legal advice. Females in Food is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside Females in Food.

Confidentiality

Client understands he or she is purchasing a tri-monthly subscription to Females in Food with The Everyday Real.
Following Client’s purchase and access to Females in Food, Client will have gained access to various trade secrets and personal intellectual property of The Everyday Real, including but not limited to materials such as verbal, written, and video advice, mindset guidance, and/or other information that may become available for use through Client’s participation in Females in Food.
Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a membership to Females in Food.
Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Females in Food, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without express written permission of The Everyday Real.

Should Client breach this provision and disclose confidential or proprietary information belonging to The Everyday Real or another participating in Females in Food, Client understands additional action may be taken by The Everyday Real up to and including legal action.

Testimonials

The Everyday Real may request Client provide a testimonial to be published on The Everyday Real’s website, or on various sales materials for Females in Food or another Program created by The Everyday Real. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between The Everyday Real and Client if Client refuses testimonial.

If Client accepts and provides The Everyday Real with a testimonial, Client understands the material, along with a photo of Client, will likely be published on The Everyday Real’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming The Everyday Real’s rights to use Client’s testimonial.
No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting The Everyday Real an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to The Everyday Real as part of a Testimonial.
Client gives The Everyday Real an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, including but not limited to Females in Food Facebook group, The Everyday Real Facebook Page, Instagram comments, Instagram DMs to The Everyday Real, Angela Dodd, and Twitter comments.
Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by The Everyday Real in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for Females in Food.
If Client applies for a Member Showcase via “The Spotlight Award”, she understands there is no guarantee of winning, and Client is freely giving The Everyday Real permission to use any content contained in the application as a testimonial for The Everyday Real Females in Food, or otherwise, without any additional compensation owed.

4. Payment and Payment Plans

Client understands the cost of Females in Food is payable tri-monthly, in the amount of thirty-five U.S. dollars ($35), or annually, in the amount of one hundred U.S. dollars ($100) and charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5).

Client understands he/she is responsible for the full payment every three months or year, and agrees to pay the sum requested electronically, via The Everyday Real’s website or a designated third-party payment processor of The Everyday Real’s choosing, in full. If Client has joined Females in Food during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, the monthly amount due and payable will be $35 per every 3 months, or $100 per year.

Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client’s access to Females in Food may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due, The Everyday Real will continue to attempt to charge Client via the membership site software; if and when payment goes through, Client will again receive full access to the membership site.
If payment is not collected, Client’s access will remain restricted, and Client will carry a balance on her account, showing the month(s) owed. Client must bring her account completely current in order to be granted access. If payment continues to be unsuccessful after sixty (60) days, Client membership shall be revoked and permanently cancelled. Should Client wish to rejoin Females in Food , after this period, she must do so at the current price membership is being offered.

The Everyday Real reserves the right to cancel Client’s access to Females in Food should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to The Everyday Real for access to Females in Food.

PAUSING MEMBERSHIP: Client may elect to “pause” membership one (1) time throughout membership, by following these procedures:

Email contact@theeverydayreal.com with your one-time request to “pause” membership more than two (2) business days prior to Client’s scheduled billing date. If approved, Client will not be charged for the following two (2) consecutive months only. Client may request one (1) additional pause of two (2) months by emailing the above email address again, for a total of four (4) months, before membership will automatically begin again.

If Client cannot make payments following this four (4) month pause, Client must cancel membership to avoid being charged.
If Client fails to request an additional two (2) month pause with two (2) business days’ notice and is charged after the initial 2 month pause, this amount may not be refunded or canceled. Client must request the pause prior to the billing date in order to receive consideration for a membership pause.

5. Auto-Renewal Agreement

Client understands and agrees that continued access to Females in Food requires recurring tri-monthly payments of $35, or recurring annual payments of $100, that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins Females in Food on the 5th of the month via monthly membership, they will continue to be charged on the 5th of every month thereafter.)

If Client elects to be charged tri-monthly: by purchasing access to Females in Food, and agreeing to these Terms of Use, Client understands he/she will be automatically charged every three months, in the amount of $35 via the same card or manner in which the initial payment was made, for the following month of membership to Females in Food. This process will repeat every three months unless and until Client properly cancels his or her membership.
If Client elects to be charged annually: by purchasing access to Females in Food, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each year, in the amount of $100 via the same card or manner in which the initial payment was made, for the following year of membership to Females in Food. This process will repeat each year unless and until Client properly cancels his or her membership.

CANCELATION POLICY:

If Client wishes to cancel his or her membership, Client must do so more than 48 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 48 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.

HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to contact@theeverydayreal.com with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership.

Client will be notified upon The Everyday Real’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.

As outlined above, if Client cancels his or her membership less than 48 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this.

d. If Client purchased access to Females in Food during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full tri – monthly amount of $35 following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By selecting the purchase button on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.

6. Refund Policy

The Everyday Real is not able to offer refunds once Client has purchased access to Females in Food for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership or otherwise unable to view it in its entirety, he or she may reach out to customer service at contact@theeverydayreal.com or may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.

Client further agrees and understands that changing his/her mind about Females in Food, failing to follow through or understand the details of Females in Food, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.

7. Technology

The Everyday Real is not responsible for any specific technology you may need in order to adequately view and utilize Females in Food. Client’s inability to access Females in Food due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).

8. Voluntary Participation

Client understands and agrees that he/she is voluntarily choosing to enroll in Females in Food and is solely responsible for any outcomes or results. While The Everyday Real believes in the services and that Females in Food is able to help many people, Client acknowledges and agrees that The Everyday Real is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Females in Food and any results therein.
Client also understands she will have the opportunity to provide The Everyday Real with additional personal information, viewable to all Females in Food members, including but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in Females in Food for choosing to complete or not complete the additional information. Client understands this information will only be viewable to others inside Females in Food, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that Females in Food and The Everyday Real are not responsible for any negative results from such information dissemination.

9. Disclaimer /No Guarantees

While many of The Everyday Real past and current clients have experienced wonderful benefits from the content contained in Females in Food, The Everyday Real cannot guarantee results from any of the content on Females in Food, and cannot make any representations or guarantees regarding individual results. Client will hold The Everyday Real harmless if he or she does not experience the desired results.
Client understands that all services provided by Females in Food and The Everyday Real in connection with Females in Food  being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Females in Food and work with The Everyday Real on a purely voluntary basis and does not hold The Everyday Real or Females in Food responsible should Client become dissatisfied with any portion of Females in Food.

Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of Females in Food, as long as The Everyday Real delivers Females in Food as described in the Addendum below.

Client also agrees to hold The Everyday Real harmless should any physical, emotional, or financial injury occur as a direct or indirect result of Females in Food. The content provided by The Everyday Real on its website and within Females in Food is comprised of information that has worked for The Everyday Real and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands The Everyday Real cannot guarantee results from this Females in Food, and has no expectation of a specific result that he or she holds The Everyday Real responsible for.

Client also understands he or she is purchasing the Females in Food and participating freely and voluntarily. The information contained within Females in Food may not be suitable for all persons and all business levels, and Client understands he or she may need to modify, edit, or change some of the educational lessons within Females in Food in order to make it applicable to Client’s business.

Not Medical or Professional Advice: The purpose and goal of Females in Food is to provide Client with education and assistance. Females in Food and content contained within Females in Food is not to be considered personalized business, medical, legal, or financial advice, and nothing within Females in Food is intended to provide or act as a substitute for mental health treatment. The Everyday Real encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase access to Females in Food will have done any additional research necessary and has concluded that Females in Food offered is right for them.

10. Société “Benefits” Section

Inside Females in Food, Clients have access to a “Benefits” page that includes offerings, deals, and coupon codes for some of The Everyday Real’s favorite brands. Client understands that The Everyday Real is not responsible nor liable should Client elect to utilize any products or services within the “Benefits” section of Females in Food, and any such decision to do so is wholly voluntary and outside the scope of The Everyday Real. The Benefits section is no more than a recommendations list of products and services The Everyday Real likes and/or uses, which may or may not be useful to members of Females in Food.

If The Everyday Real has any material relationship with any products, services, or companies (including but not limited to affiliate relationships allowing The Everyday Real to collect a commission for any products or services purchased through these links), such material relationship will be disclosed on or near the link to each Company, identifying it as an “affiliate” link. Those marked with “affiliate link” notations means The Everyday Real is an affiliate of this company, and will receive financial compensation should Client elect to purchase the product or services offered.

11. Intellectual Property
Client agrees and understands that The Everyday Real has created numerous original, creative works in connection with Females in Food, and agrees that The Everyday Real maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Females in Food, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by The Everyday Real. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with The Everyday Real. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from The Everyday Real to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of Females in Food.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by The Everyday Real or obtained through working with The Everyday Real, without The Everyday Real’s express written consent. If such behavior is discovered or suspected, The Everyday Real reserves the right to immediately end Client’s participation in Females in Food without refund, as well as access to any Females in Food materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: The Everyday Real’s Limited License to Client: Client understands that in purchasing Females in Food, she/he is gaining access to view all content and information available as part of Females in Food. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by The Everyday Real. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through Females in Food without written permission by The Everyday Real;
Post, distribute, copy, steal or otherwise use any portion of Females in Food or its content, or information obtained via other members in the group Females in Food without written permission by The Everyday Real, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by The Everyday Real as part of Females in Food or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by The Everyday Real was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.

Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

12. Indemnification
Client agrees at all times to defend, fully indemnify and hold The Everyday Real and any affiliates, agents, team members or other party associated with The Everyday Real harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Females in Food, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Females in Food. Should The Everyday Real be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit The Everyday Real defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by The Everyday Real, free of charge.

13. Dispute Resolution

Should a dispute arise between The Everyday Real and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold The Everyday Real responsible for any specific results, or those results which have been achieved by other clients of The Everyday Real.)

If unable to reach a resolution informally, Client and The Everyday Real agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Minneapolis, MN within a reasonable amount of time. Client and The Everyday Real agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

14. Applicable Law

This Agreement shall be governed by and under control of the laws of Minnesota regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Minnesota are to be applicable here.

15. Amendments

This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and The Everyday Real or a party authorized to sign on behalf of either party.

FEMALES IN FOOD MEMBERSHIP OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a tri -monthly or annual subscription to Females in Food. While the below is subject to change, at the time of purchase, Females in Food includes access to the following:
The Everyday Real – Females in Food membership, including all content and resources that have been created since inception of the Membership.

Group Mentoring Sessions.
Access to an exclusive Facebook community only for Female in Food members.
Additional resources, guides, and services as created by The Everyday Real.

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