Terms of Use

Updated February 29, 2024

This Terms of Use Agreement (“Agreement”) is made by and between Backcountry Foodie, LLC, a Washington state limited liability company (“we,” “us,” or “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of backcountryfoodie.com (the “Website”).

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE (COLLECTIVELY, THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT AT OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” LINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE WEBSITE.

ACCESS TO THE WEBSITE

To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we reserve the right to refuse you access to the Website and to terminate or suspend your access at any time.

RESTRICTIONS ON USE

You may use the Website for personal use only, for the purposes expressly permitted by the Website. As a condition of your use of the Website, you warrant to us that you will not use the Website for any unlawful or prohibited purpose by these terms, conditions, and notices. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.

DISCLAIMERS

We specifically disclaim any warranties or liability regarding the following:

  • Any meal plan suggestions offered are for informational purposes only and are not intended to constitute nutrition advice, coaching, counseling, assessment, or medical nutrition therapy. Meal plan suggestions are not intended to be a substitute for advice from your personal healthcare provider or physician, and you are responsible for obtaining any such advice on your own behalf.
  • We cannot guarantee that any meal plan suggestions are nutritionally complete, appropriate, or safe for any pre-existing medical conditions. You agree to consult with your personal healthcare provider or physician for advice regarding whether the nutrition content of any meal plan is appropriate for you and/or whether any additional vitamins or supplements may be required. Although we may provide rough estimates regarding the nutrition content of meal plans (e.g., sodium, fat, sugar, and/or cholesterol content), we make no guarantee as to the truth or accuracy of any such estimates.
  • Our services may only be used by individuals 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is responsible for all activities and transactions involving the applicable minor through the Website.
  • We are not responsible for any health problems, injuries, allergies, reactions, negative results, misinformation, damages, liabilities, harm, or otherwise that may result from your reliance on the information available on the Website. Any selection of meal plans will be made using your own knowledge and judgment, and you agree that you do so at your own risk.
  • We shall not be responsible for any nutritional deficiencies in your diet or for any weight gain or loss caused by any suggested meal plan. You are responsible for obtaining any applicable nutrition advice from your personal health care provider or physician.
  • Although we may provide estimates regarding the shelf stability, final weight, or quality of suggested meal plans, we cannot guarantee the truth or accuracy of any of the foregoing.
  • We may provide links through the Website to third-party providers, but we make no warranty on the quality of any third-party good or service provider. You are responsible for performing your own independent research and to use your own knowledge and judgment in deciding whether to do business with any third-party good or service provider.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION ON LIABILITY

BOTH WE AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SHOPIFY

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement.

AFFILIATE DISCLOSURE

This website, blog, and membership site are written and edited by me, Aaron Owens Mayhew, the owner and founder of backcountryfoodie.com. This website accepts forms of cash advertising, sponsorship, paid insertions, or other forms of compensation.

This website abides by word-of-mouth marketing standards. We believe in the honesty of relationships, opinions, and identity. The compensation received may influence the advertising content, topics, or posts added to this website. That content, advertising space, or post will be clearly identified as paid or sponsored content.

The owner of this website is compensated for providing opinions on products, services, websites, and various other topics. Even though the owner of this website receives compensation for posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the owner’s own. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

This website does not contain any content which might present a conflict of interest.

INDEMNITY

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any, and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising from your use of the information accessed from the Website.

PROPRIETARY INFORMATION

By providing any recipes, photos, videos, comments, ideas, suggestions, testimonials, or other material to us through the Website (the “Content”), you hereby grant a perpetual, royalty-free, worldwide, irrevocable, and nonexclusive license for us to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Content for purposes of promoting and providing the Services hereunder, in any form, media, or technology now known or hereafter developed. We will not be required to treat any Content as confidential, and we may use the Content to promote our business (including, without limitation, in connection with our products, services, or advertising) without incurring any liability for royalties or any other consideration of any kind to you. Notwithstanding the foregoing, you shall retain all rights, titles, and interests in any intellectual property rights (including, but not limited to, copyright and trademark) embodied in the Content you provide to us.

We will treat any personal information that you submit to us through the Website in accordance with our Privacy Policy.

We shall retain all proprietary rights in our Website and Services, including all intellectual property rights related thereto. You agree not to use any proprietary materials contained in the Website or the Services without our prior written consent.

We reserve the right to monitor the use of the Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. We may disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing on the Website are the property of us or the party that provided the trademarks, services marks, logos, and copyrighted works to us. We or the party that provided trademarks, service marks, logos, and copyrighted works shall retain all rights concerning any of their respective trademarks, service marks, logos, and copyrighted works appearing on this Website.

If you believe that any material appearing on the Website constitutes copyright infringement, please provide our copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

· A description of the copyrighted work that you claim has been infringed upon;

· A description of where the material that you claim is infringing is located on the Website,

· Your full name, address, telephone number, and e-mail address;

· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement on the Website can be reached as follows: [email protected]

SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password. We will be entitled to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone who is believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the state of Washington in connection with any dispute between you and us arising out of these Terms of Use or pertaining to the subject matter hereof. The exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Seattle, Washington.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Website.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

We reserve the right to revise these Terms of Use at any time, by updating this posting.

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