PLANT-BASED LIFE FOUNDATION (“PBL”) IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON “I ACCEPT”, YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN PBL IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES (DEFINED BELOW).
TERMS AND CONDITIONS
Effective Date: March 30, 2021
CANCELLATION OF YOUR MEMBERSHIP IN BITE-SIZED: YOUR MEMBERSHIP AUTOMATICALLY RENEWS UNTIL YOU CANCEL. YOU MAY CANCEL YOUR AUTO-RENEWAL MEMBERSHIP AND FEES AT ANY TIME BY VISITING YOUR ACCOUNT SETTINGS PLANT-BASED.LIFE. CANCELLATION WILL BECOME EFFECTIVE UPON YOUR NEXT RENEWAL DATE (MONTHLY OR ANNUALLY IF YOU SELECTED THE ANNUAL TERM AT REGISTRATION). EXCEPT FOR OUR INITIAL 30-DAY REFUND POLICY, THERE WILL BE NO REFUNDS FOR PRE-PAID FEES. OUR INITIAL 30-DAY REFUND POLICY FOR BITE-SIZED IS THAT WE WILL UNCONDITIONALLY REFUND YOUR INITIAL PAYMENT IF YOU CANCEL YOUR MEMBERSHIP WITHIN 30 DAYS FROM YOUR DATE OF PURCHASE.
- Parties. The parties to this legal Agreement are you, and Plant-Based Life Foundation. If you are not acting on behalf of yourself as an individual, then “you”, “your”, and “yourself” means your company or organization or the person you are representing. All references to “we”, “us”, and “our” shall be construed to mean PBL.
- Eligibility. We do not provide Services (defined below) to minors under the age of 18 years of age and any user that has been suspended or removed from the system.
- Services. Our services include access to the specific services and content you signed up for at one or more of the following of our websites: pblife.org and plant-based.life (“Services”). We reserve the right to update and modify the Services from time to time.
5.1 You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.
5.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Services or content; (ii) modify or make derivative works based upon the Services or content; (iii) “frame” or “mirror” the Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or its enabling software for any purpose.
5.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
- Ownership. The material provided on with our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
- Confidentiality. You acknowledge our claim that the Services and content that embody non-public logic, design, and coding methodology, constitute valuable confidential information that is proprietary to us and our licensors (“Confidential Information and Trade Secrets”). You agree (i) to not use or disclose the Confidential Information and Trade Secrets except as expressly provided herein, and (ii) to safeguard the right to access the Services, using the same standard of care which you use for its similar confidential materials, but in no event less than reasonable care.
- Your Account-Related Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.
- Fees; Authority for Credit Card Charges.
9.1 Auto-Renewal (Membership Fees) for plant-based.life. You agree to pay auto-renewal fees for Services as specified in the registration process. Payment of fees may be by credit card online, or by any other method approved by us. If you pay by credit card, you hereby authorize us to charge your credit card as specified in the registration process. YOU MAY CANCEL YOUR MEMBERSHIP AND RELATED FEES IN ACCORDANCE WITH THE INITIAL PARAGRAPH OF THIS AGREEMENT (CANCELLATION OF YOUR MEMBERSHIP IN BITE-SIZED.COM. Fees are non-refundable, unless expressly provided otherwise on the site that you access for paid Services.
9.2 Single-Pay and Installment-Pay Fees. You agree to pay fees charged on the basis of a single payment or on an installment basis as specified in the registration process. If you pay on an installment basis by credit card, you agree to pay the total amount for all installments; however, we will charge your credit card only in accordance with the payment schedule you agreed to in the registration process. Fees are non-refundable, unless expressly provided otherwise on the site that you access for paid Services.
9.3 Authority for Credit Card Charges. You hereby authorize Plant-Based Life Foundation to charge the credit card used for payment of the Services in accordance with this Section 9. By using this credit card, you certify that you are the owner of the credit card and/or are authorized to use it for the purchase of the Services.
- Termination by Us. You agree that we may terminate your membership and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.
- License Grant for Content. Subject to the terms of this Agreement, you are granted non-exclusive rights to download and use the content that is available for download through the Services (“Content”) only for your personal, non-commercial use.
- Use Restrictions for Content. You may not copy, modify, and transfer the Content to others. You are not authorized to resell, sublicense, or use the Content for any commercial use or purpose.
- Technical Support. We shall answer questions by email and telephone during our normal business hours regarding the use of the Services.
- Warranty Disclaimers.
14.1 THE SERVICES ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICES. THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THESERVICES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
14.2 THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SERVICES: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PBL IS NOT ACTING AS YOUR PHYSICIAN, DIETICIAN, NUTRITIONIST, OR OTHER HEALTH CARE PROFESSIONAL THROUGH THE SERVICES. THE MISSION OF THE UNIVERSITY IS TO HELP PREVENT CHRONIC DISEASE BY EDUCATING PEOPLE ABOUT HOW TO MAKE POSITIVE CHANGES IN THEIR LIFESTYLE HABITS. THE INFORMATION PROVIDED WITH THE SERVICES IS EDUCATIONAL IN NATURE AND IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED AS A SUBSTITUTE FOR SPECIFIC ADVICE FROM YOUR PHYSICIAN, DIETICIAN, NUTRITIONIST, OR OTHER HEALTH CARE PROFESSIONAL. INFORMATION ON THIS STTE HAS NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. ALWAYS CONSULT WITH YOUR PHYSICIAN, DIETICIAN, NUTRITIONIST, AND/OR OTHER HEALTH CARE PROFESSIONAL BEFORE CHANGING YOUR DIET AND/OR BEGINNING AN EXERCISE PROGRAM.
14.3 THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Consequential Damages Waiver. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Liability Cap. Our aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, shall not exceed the fees you paid for the three (3) months immediately preceding the claim.
- Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
- Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Plant-Based Life Foundation
PO Box 4573
Davis, CA 95616
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
- Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Sacramento, California, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
- Controlling Law. This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- Jurisdiction and Venue. The courts of Sacramento County in the State of California, USA and the U.S. District Court, Eastern District of California shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
- Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
- Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
- Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
- Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the parties. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.
End of Terms and Conditions.