The following terms (“Terms of Use”) constitute an agreement between Food Blogger Pro, LLC (“we” or “us”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website and membership administered by us (“Website”), located at https://www.foodbloggerpro.com.
Throughout these terms, the collective content from the Website, Membership and the Food Blogger Pro Podcast (“Podcast”), and any other content, such as our social media channels, will be referred to as “FBP Content.”
Your use of the FBP Content constitutes your acceptance of, and agreement to, the following Terms of Use. We reserve the right to modify, alter, amend or update the Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
PURCHASE POLICY
On the Website, you may enroll in an ongoing membership to access members-only content on Food Blogger Pro (“Membership”), which is delivered electronically and billed periodically, as agreed to at the time your purchase was processed (e.g., monthly, annually, etc.). From time to time, we may modify the pricing for the Membership. In the event that we modify the fees you will be charged, we will email you to notify you of this change.
At the time of purchase, you will create a Membership profile in order to access the Membership materials.
We offer a 60-day money-back guarantee for the Membership fees. At any time during the first 60 days of your membership, you may contact us at [email protected] to request a refund. Membership may be cancelled at any time; however, no refunds will be authorized after the Membership fee has been charged, unless you are in the 60-day money-back guarantee period. To avoid incurring additional fees, you must cancel your Membership prior to the next billing date. To cancel or change your Membership, you may either: a) cancel through your Membership profile or b) email [email protected]. Your access to the Membership will be disabled at the expiration of the period for which you have already paid. Refunds are not available for Membership fees that have already been charged. You may avoid incurring additional fees by cancelling your Membership prior to the billing date.
If you encounter any issues when using the Membership, please contact customer service at [email protected].
LICENSE FOR USE OF MEMBERSHIP MATERIALS
As an active member of the Membership, you will receive access to exclusive Membership content (“Membership Materials”). All Membership Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from us, except as stated herein.
MEMBERSHIP POLICIES
The Website offers a Membership platform, which includes forums, where content may be contributed or uploaded by other Food Blogger Pro Members (“FBP Members”). Because there are many FBP Members, we have adopted the following Membership Policies. Our sole discretion will be used to determine if a member is in violation of these policies. Any violations of these Membership Policies may result in an immediate dismissal from the Membership. In the event that we terminate your Membership for a violation of these Membership Policies, no refund will be due to you.
If you have concerns about content posted by another FBP Member, please email [email protected].
Code of Conduct regarding Contributions
The following types of contributions will not be tolerated and will be deleted:
- harassment directed toward any content creator or us;
- spam;
- hate speech;
- defamatory statements regarding us or any third party;
- references to illegal acts; or,
- contributions that may violate the legal rights of a third party.
Intellectual Property of Other Members
From time to time, a FBP Member may share their original materials with you or other members. The following rules apply to this content:
- Any original materials shared in the Membership belong to the creator of the materials and are provided for individual use only.
- You will not copy another FBP Member’s ideas and pass them off as your own.
- You are not authorized to use or transfer intellectual property received as a result of Membership. No license to sell or distribute is granted or implied solely because you have access to the material in the Membership.
This paragraph does not apply to ideas that are not yet protected by copyright or trademark laws and does not protect Food Blogger Pro members from expressions of similar ideas. FBP Members should exercise caution when sharing confidential business plans or concepts.
Expert Opinions
Food Blogger Pro works with various experts to provide guidance to its members in the forums. From time to time, these experts may hold professional degrees or licenses, such as lawyers or accountants. As part of the Membership, these Experts may offer information, such as responding to questions. Participation in the Membership does not create a client relationship with any Food Blogger Pro Expert. Any information provided in the Membership should not replace the advice that you receive from professionals with whom you have established a client relationship.
DISCLAIMER
When possible, we have made every effort to ensure that all information in the FBP Content has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided in the FBP Content. Your results may vary from the experiences and results of other FBP Members.
We disclaim liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the FBP Content. We assume or undertake no liability for any loss or damage suffered as a result of the use of any information found in the FBP Content.
Business Information Disclaimer
When possible, we have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided in the FBP Content has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided in the FBP Content. We assume no responsibility for your decisions or for policies or practices that you implement based on information in the FBP Content. Everything provided in the FBP Content is for informational purposes only.
Any statements related to income or earnings potential in the FBP Content are examples of what may be possible in the future. We make no guarantees regarding results, present or future. Our use of testimonials from past FBP Members is not a guarantee and your results may vary. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided in the FBP Content.
Financial and Legal Information Disclaimer
From time to time, the FBP Content may discuss financial or legal topics. This information is not advice and should not be treated as professional advice. The financial information provided in the FBP Content is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to the financial information in the FBP Content.
You must not rely on the information in the FBP Content as an alternative to advice from a licensed professional. There is no client relationship created from the publication of legal or financial information in the FBP Content. You should never delay seeking financial or legal advice, disregard financial or legal advice, or discontinue professional financial or legal services as a result of any information provided in the FBP Content.
YOUR RESPONSIBILITY IN USING THE WEBSITE
All FBP Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the FBP Content. 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 in the FBP Content;
- incorrect information provided by FBP Members or the FBP Team; or,
- information provided by the Food Blogger Pro experts.
USE OF THE WEBSITE
Unless otherwise stated, we own the intellectual property and rights to all content and material in the FBP Content. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. In some cases, we may grant you with express permission to use content in a different way. For example, we may grant additional rights, such as a license to download content within the Membership, etc.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from the FBP Content;
- Reproduction or duplication of any content in the FBP Content for commercial purposes; or,
- Modification of any of the FBP Content.
From time to time, we will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of our intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to us.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without our express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.
You must not use the Website for any third-party marketing without our express written permission.
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the FBP Content are copyrights owned by us or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits us or our owners.
From time to time, the FBP Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and we make no claim of ownership.
CONTENT CONTRIBUTED TO THE WEBSITE
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, us, or a third party.
We reserve the right to edit or remove: (i) any material submitted to the Website; (ii) stored on our servers; or, (iii) hosted or published on the Website. We take no responsibility and assume no liability for any content posted by you or any third party.
Notwithstanding our rights under the Terms of Use, we do not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
GRANT OF RIGHTS
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.
COMMUNICATION
If you send us an email, register to use the Website, join the Membership, or provide your email to us in any other way, you consent to receive communications from us electronically. You agree that all legal notices provided via electronic means from us satisfy any requirement for written notice.
THIRD PARTIES
The Website may contain links to third-party websites that are not governed or controlled by us. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. We assume no control or liability over the content of any third-party sites. You expressly hold us harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold us harmless from any and all liability in any dispute.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. We make no representations or warranties in relation to the Website or the FBP Content.
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 FBP Content 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.
MAXIMUM LIABILITY
Except as specified in these Terms, our maximum liability to you is the amount you paid to us for your Membership.
INDEMNITY
You agree to defend, indemnify and hold us, our 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 suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or relating to the Terms of Use, 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 thereof. The place of any such arbitration shall be in or near Ramsey County, Minnesota. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use 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 Terms of Use may not be assigned by you without our prior written consent; however, we may assign the Terms of Use in our sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by us.
All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for us and to your email address.