Effective Date: September 13, 2017 | Last Modification: September 13, 2017
This website located at https://cleanfooddirtygirl.com (“Website”) is owned and operated by Clean Food Dirty Girl
Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.
We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.
The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
All information provided regarding nutrition on the Website is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available on the Website, you should seek advice from a licensed professional.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.
The Food and Drug Administration has not evaluated the statements contained in any information on the Website. Individual results may vary.
From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
From time to time, the Website may discuss topics related to events (“Event"). All Event content is for informational purposes only. Unless specifically disclosed in the content, the Website is not a partner or sponsor of these Events.
If you choose to attend an Event that was listed on the Website, you assume all risk of any potential injuries that you may incur at such an Event. Please consider all inherent risks of a particular Event before participating.
From time to time, the Events listed on the Website may contain an element of physical fitness. (e.g., 5k, bowling, etc.) If you are unsure of your physical abilities, you should seek medical advice prior to participating.
You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue the Website and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses, or expenses (including court costs and reasonable attorneys’ fees) which may arise out of, result from, or relate in any way to your attendance at any Event, except for any gross negligence or willful misconduct on our part.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.
The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein.
We make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which we suffer as a result of third-party claims based on:
(i) your negligence or intentional misconduct,
(ii) your breach of any provision of the Disclaimer (including representation or warranty);
(iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Disclaimer will be governed and construed in accordance with the laws of the State of HAWAII. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Hilo County, HAWAII. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Disclaimer not be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.
All notices with respect to the Disclaimer must be in writing and made via email to [email protected] for the Website and to your email address.
Effective Date: September 13, 2017 | Last Modification: September 13, 2017
At Clean Food Dirty Girl (“CleanFoodDirtyGirl.com”) we are committed to respecting your privacy choices and being transparent about what information we collect from you and how we use that information.
- Why we collect personally identifiable information;
- What personally identifiable information we collect;
- How we use that information, including how the information is stored and whether we share the information with third parties; and
- Your choices regarding our collection, use, and distribution of that information.
WHAT INFORMATION DOES CLEAN FOOD DIRTY GIRL COLLECT?
Clean Food Dirty Girl collects two types of information from you: personally identifiable information (e.g., information that can be used to identify you specifically, such as your name, e-mail address, billing address, telephone number, credit card information, etc.) and non-personally identifiable information (e.g., information that reasonably could not be linked to or associated with you or aggregated anonymous data, etc.).
When you subscribe to our newsletter, we collect the name and e-mail address that you submit to our newsletter subscription form.
Challenge / Workshops / Contest / Download / Signup
When you sign up to participate in our free or paid Clean Food Dirty Girl programs, we collect the name and e-mail address that you submit to our signup form/s.
Digital Product Download
When you purchase one of our Digital Products, we collect your name, e-mail address, credit card information, and billing address through PayPal or Woo Commerce. When you download a free Digital Product, we only collect your name and e-mail address.
If you participate in a Clean Food Dirty Girl promotion like a giveaway, contest, or sweepstakes, we collect and store the name and e-mail address you submit to enter the promotion.
If you participate in a Clean Food Dirty Girl survey, we may collect your name and e-mail address in connection with that survey, as well as the information you agree to submit in the survey.
THIRD PARTY ANALYTICS
WHAT DOES CLEAN FOOD DIRTY GIRL DO WITH MY INFORMATION?
- Non-Personally Identifiable Information
We use non-personally identifiable information, like aggregate data about the most visited Site pages or the duration of a certain Site page’s visits from Google Analytics that is not tied to any specific Site user, to maintain, improve, and protect our Site and our product and service offerings.
- Personally Identifiable Information
When you sign up for our newsletter or sign up to participate in a promotion or contest, we may use the name and e-mail address that you provide to subscribe you to our newsletter or in order to send you the newsletter or e-mails. We store the name and e-mail address you provide in an SSL encrypted database that resides with Convert Kit, (our newsletter email service provider), Help Scout (our customer service email provider), Woo Commerce (our secure shopping cart provider) Paypal and/or Stripe (our payment platform providers). We pay monthly and/or annual service fees to these providers to keep your information safe and secure.
When you enter a promotion on our Site, we use the information you submit to us to administer the promotion (e.g., enter you into the promotion, notify you if you are a winner, and send you your prize). We store the name and e-mail address you provide in an SSL encrypted databases residing with our respective email providers.
If the prize for the promotion is administered by a third party, we may provide your name and e-mail address to that third party if you are one of the winners of a promotion. Please read the rules of any promotion prior to entering any giveaway, contest, or sweepstakes.
When you purchase a Digital Product, we use the personal information you provide to process the transaction, deliver the purchased Digital Product(s), and to provide customer service as necessary. We store this information in an SSL encrypted database.
DOES CLEAN FOOD DIRTY GIRL SHARE MY PERSONAL INFORMATION WITH THIRD PARTIES?
There are some instances in which Clean Food Dirty Girl may share your personal information.
We may disclose your personal information without your consent when we have a good faith belief that we are required to release the information pursuant to any applicable law, regulation, court order, or legal process.
DO YOU COLLECT CHILDREN’S INFORMATION?
Our Site and our Digital Products and Services are not directed to, marketed towards or intended for children under thirteen (13) years of age and we request that children under 13 do not submit any personally identifiable information or any other information to our Site.
IS MY PERSONALLY IDENTIFIABLE INFORMATION SECURE?
The security of your personally identifiable information is important to Clean Food Dirty Girl. We use PayPal or Stripe and Woo Commerce to process your purchases of our Digital Products. The information is stored in SSL encrypted databases managed by the companies respectively.
If you have reason to believe that the security of your information has been compromised, e-mail us immediately at [email protected]
WHAT ARE MY OPT OUT CHOICES?
Electronic Newsletter and E-mail Communications
You may unsubscribe from our electronic newsletters or e-mail communications (including promotional e-mails) at any time by following the unsubscribe instructions in the e-mail or newsletter you received from us. You can also contact us via e-mail at [email protected]
CORRECTION OR DELETION OF PERSONALLY IDENTIFIABLE INFORMATION
You may request that we update, change, correct, or delete your personally identifiable information at any time. If you request that we delete your personally identifiable information, we will remove your personally identifiable information that is stored in databases we actively use and in readily searchable formats.
Please be aware, however, that it may not be technologically possible for us to erase or otherwise remove every record of the information you have provided to us, such as information stored on backup tapes or backup servers. We are not responsible for and cannot control the personally identifiable information that you have provided to third parties such as but not limited to; Clean Food Dirty Girls’ social media outlets and public comments on our Site.
If you are a resident of California, you have the right to request a list of all third parties to which Clean Food Dirty Girl has disclosed certain personally identifiable information during the preceding year for third party direct marketing purposes. If you choose to make such a request, please be advised that you are limited to one request per calendar year. Please provide a current California address for our response to you and please also attest to the fact that you are a California resident. At this time, we only collect personally identifiable information about your online activities on our Site. We do not collect personally identifiable information about your online activities over time and across third-party Web sites or online services.
DOES CLEAN FOOD DIRTY GIRL USE AFFILIATE LINKS?
- Clean Food Dirty Girl is a participant in its own affiliate advertising program hosted within CleanFoodDirtyGirl.com. An affiliate advertising program is designed to provide a means for Clean Food Dirty Girl to pay out commissions for sales referrals from third parties. The third parties associated with Clean Food Dirty Girl DO NOT have access to your personally identifiable information at any given time.
- Clean Food Dirty Girl is a participant in Amazon's affiliate advertising program. When a sale is made on Amazon.com, through our website, Clean Food Dirty Girl receives a commission based on that sale. Because the transaction happened on Amazon.com's e-Commerce platform, Amazon.com has access to your personally identifiable information.
LINKS TO THIRD PARTY WEBSITES
We sometimes provide links to third party websites on our Site. If you choose to click on a third party website link on our Site, you acknowledge and agree that Clean Food Dirty Girl has no control over or responsibility for the information, content, products, services, advertising or information collection practices of the third party site(s). We do not make any representations or warranties regarding the accuracy, security or legal or regulatory compliance of third party websites and you agree to assume the risks, responsibilities, and consequences resulting from your use or access of third party websites.
TERMS AND CONDITIONS OF SALE
A. Products. Our products, including digital publications, are delivered to you in an e-mail containing a link to a downloadable portable document format (PDF) file. The download link is active for five clicks. After five clicks, the link will no longer work. We recommend saving the PDF after downloading it so that you may access the PDF anytime after your purchase without relying on the download link. We do not re-issue download links after link expiration (unless otherwise specified). If your download link expires, you will need to re-purchase the product for a new download link.
You may need the Adobe Reader® software or Adobe Reader® mobile app in order to access the PDF. The file is also readable in iBooks. For more information on accessing our digital products, please visit our FAQ.
B. Pricing. All products listed on the Site and their descriptions, including pricing, are subject to change. Clean Food Dirty Girl reserves the right to modify, suspend or discontinue the sale of any product at any time with or without notice. If a product is listed with an incorrect price or with incorrect information, we shall have the right to decline or cancel your order prior to acceptance of your order. If you have already submitted payment for your order, we will issue a refund to your credit card or PayPal account.
C. Payment Terms. You agree to pay the price applicable for each product as of the date and time you submitted your order on the Site. We accept Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal.
D. Product Return Policy. Clean Food Dirty Girl does NOT accept returns or provide exchanges or refunds for purchased digital products or publications – no exceptions. We do NOT re-issue download links after link expiration (unless otherwise specified) If your download link expires, you will need to re-purchase the product for a new download link.
E. Shipping Policy. We deliver our products as a digital download sent to your e-mail address. By submitting your e-mail address to us, you authorize us to deliver the digital download(s) and/or a link to the digital download(s) you have purchased to that e-mail address. We do not ship physical products at this time.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:
If you have a question or complaint about Clean Food Dirty Girl our products, or our Site, please contact us via phone at , e-mail at [email protected] You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF CLEAN FOOD DIRTY GIRL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS AND AFFILIATES EXCEED THE GREATER OF THE TOTAL PAYMENTS MADE BY YOU TO CLEAN FOOD DIRTY GIRL IN THE PRECEDING SIX (6) MONTH PERIOD OR FIFTY DOLLARS ($50). THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE SITE.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM CLEAN FOOD DIRTY GIRL OR THE SITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE SITE, ITS CONTENT, OR CLEAN FOOD DIRTY GIRLS’ PRODUCTS WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.
CHOICE OF LAW, JURISDICTION, VENUE
If at at time you are unclear or have questions related to the information stated above, please contact [email protected]