Last Updated July 6, 2020
- Agreement to Terms
The Site provides the following services: Online marketplace for healthy and natural alternatives to sugar and sweeteners (the “Services”). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms.
If you do not agree with all these Terms, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms at any time. The updated version of these Terms will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
- Our Privacy Notice https://indulgeright.com/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- Acceptable Use and Prohibited Activities
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree NOT to:
- Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
- Use a buying agent or purchasing agent to make purchases on the Site
- Use the Site to advertise or sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
- Attempt to impersonate another user or person, or use the username of another user
- Sell or otherwise transfer your profile
- Use any information obtained from the Site in order to harass, abuse, or harm another person
- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
- Attempt to access any portions of the Site that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
- Use the Site in a manner inconsistent with any applicable laws or regulations
- Threaten users with negative feedback or offering services solely to give positive feedback to users
- Misrepresent experience, skills, or information about a user
- Advertise products or services not intended by us
- Falsely imply a relationship with us or another company with whom you do not have a relationship
- Engage in or encourage conduct that may give rise to civil liability or violate any law and agree to follow all of these Terms, as well as all applicable laws, rules and regulations
- Attempt to probe, scan or test the vulnerability of our systems or network or breach the security or authentication measures without proper authorization
- E-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; or is defamatory, libelous, or invades another person’s privacy or proprietary rights
- Our Content
3.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, trademarks, audio, video, text, photographs, and graphics on the Site (“Our Content”) are owned or licensed to us, and are protected by copyright, trademark, patent, and related intellectual property laws.
3.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
3.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
3.5 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
3.6 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
3.7 If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. mail to:
Indulge Right Foods
Attention: Compliance Director – DMCA Copyright Agent
46 Peninsula Center, Suite E517
Rolling Hills Estate, CA 90274
or by email to: [email protected]
Please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
- Link to Third Party Content
4.1 We may provide links from or to other websites maintained by third parties (“Linked Sites”) that are not under our control. We have not reviewed or endorsed these Linked Sites, and you hereby acknowledge and agree that we shall not be responsible for the content, reliability, nature, products, services, availability, advertising, information or use of user information or other materials offered on any of the Linked Sites. The appearance of Linked Sites on this Site does not imply our support or endorsement. When you visit the Linked Sites, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any of the Linked Sites. You should direct any concerns to the administrator or Webmaster of any such Linked Site. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this Site and/or introduce different features or links to different users.
- Site Management
5.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content in our sole and absolute discretion; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
5.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
5.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
- Modifications to and Availability of the Site
6.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
6.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice or liability.
- Disclaimer/Limitation of Liability
7.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, any warranty of merchantability, fitness for a particular purpose or use, title and non-infringement are excluded and disclaimed by us to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
7.2 Limitation of Liability.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF WE ARE NEGLIGENT OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. OUR TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
WITHOUT LIMITING ANY OF THE FOREGOING, IF WE ARE FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT, IN ANY CALENDAR YEAR, EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR USE OF THE SITE OR $100.
These disclaimers and limitations do not limit liability that cannot be excluded under the law.
- Term and Termination
8.1 These Terms shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable.
8.2 Without limiting any other provision of these Terms, we reserve the right to, in our sole and absolute discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.
If we determine, in our sole and absolute discretion, that your use of the Site/Services is in breach of these Terms or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole and absolute discretion.
8.3 If we terminate or suspend your account for any reason set out in this Section 8, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, we will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of the Site’s content will remain in full force.
You agree to indemnify, defend and hold harmless us, and our officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Site.
10.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
10.2 These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
10.3 Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No modification or waiver by us of any provision shall be deemed to have been made unless made in writing.
10.4 We may assign any or all of our rights and obligations to others at any time.
10.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
10.6 If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
10.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site or Services.
10.8 Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within one (1) year after the claim or cause of action arose.
10.9 Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
10.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected] or by mail to:
Indulge Right Foods
46 Peninsula Center, Suite E517
Rolling Hills Estate, CA 90274
10.11 Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by email at [email protected] (with “California Resident Request” as the Subject Line) or send a letter to us at the address listed above in Section 10.10. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at (800) 952-5210.