In using our subscription Meal Plans, App, Social Media, Site or any other product or information from the Produce Section Challenge, you agree to the following terms laid out in this document just as if you yourself had signed these terms.
PERSONAL INFORMATION WE COLLECT
When you visit the Site or Social Media, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site or Social Media, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site and Social Media. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. Also, by entering your email on our website or through a form online you opt-in to receive email marketing.
Phone marketing (if applicable): By entering your phone number in check out and initialising a purchase, you agree that we may call you with promotions and marketing offers. We will not call more than 3 times per month. You can unsubscribe and opt out from receiving marketing via phone by emailing firstname.lastname@example.org. Also, by entering your phone number on our website or through a form online you opt-in to receive phone and text marketing.
Text Marketing and notifications (if applicable): By entering your phone number in the checkout and initialising a purchase, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 40 per month. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply. Also, by entering your phone number on our website or through a form online you opt-in to receive text marketing.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 18.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
By using this site, downloading the app, using your meal plans, interacting with our social media pages, or following the Produce Section Challenge in any capacity you agree to be bound by our health notice as follows:
The Produce Section Challenge is not a medical organization and can't give you medical advice. We strongly advise you to consult with your physician before starting any diet or meal plan. We also advise you to get regular medical checkups.
Changing your diet can cause changes to your body that should be medically monitored. Medical monitoring is of the utmost importance for people with a known medical condition. These people are advised to not make any dietary changes. They should be under the supervision of their physician. The Produce Section Challenge is not and never was intended to treat any illness or disease.
The following are prohibited from participating in the Produce Section Challenge:
Children under the age of 18.
Individuals with an active medical diagnosis.
Individuals with a known eating disorder.
Individuals with known allergies.
Individuals undergoing pregnancy.
The Produce Section Challenge also prohibits subscription products and offerings to individuals age 18 years and younger.
If you are being treated for an illness, taking prescription medication, or following another diet to treat a disease, you should not follow the Produce Section Challenge and any modifications made to the plan by your physician should be followed.
If you notice any sudden changes from changing your eating habits or by following the Produce Section Challenge meal plan or recipe books please consult your physician.
You understand that you waive your right to hold the Produce Section Challenge or any of its affiliates responsible for any illness, injuries, diagnoses, or medical problems that may occur as a result of using any of our products or services or by following any of our content.
In using our website, app, social media pages, or purchasing our products you hereby consent to our Health Notice and agree to its terms just as if you signed it.
PLEASE READ THE FOLLOWING RELATING TO YOUR USE OF OUR SUBSCRIPTION MEAL PLANS, APP OR ANY OTHER PRODUCE SECTION CHALLENGE PRODUCT CAREFULLY.
In using our subscription Meal Plans, app or any other product from the Produce Section Challenge, you agree to the following terms laid out in this document just as if you yourself had signed these terms. We reserve the right, in our sole discretion, to change, modify, add or remove parts of these terms at any time. You should check the terms frequently for any changes or modifications. If you continue to use our Meal Plans, app, social media or follow the Produce Section Challenge in any capacity you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these, you should not use our meal plans, app or any Produce Section Challenge products and you should arrange to cancel your subscription with us.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display these meal plans, app and other Produce Section Challenge products for your personal, non commercial use. You agree not to assign, transfer or sublicense your meal plans, app or other Produce Section Challenge products. You agree to be financially responsible for all unauthorized usage of your subscription meal plans, app or Produce Section Challenge products. You also represent that you are over the age of 18 years.
You are solely responsible for preserving the confidentiality of your subscription information. Notify us immediately if any unauthorized use of your subscription occurs or there is any disclosure of your credit card information. In the event of a security breach, you will remain liable. You are responsible for paying any amounts billed to your credit card which were not authorized by you.
You may terminate or cancel your subscription to our meal plans at any time. The cancellation or termination of your subscription is your only right and remedy with respect to any and all disputes with us. Upon cancellation or termination of your subscription to our meal plans, we may immediately deactivate your account.
Our meal plans, app and any other Produce Section Challenge products, websites, social media pages or anything relating to the Produce Section Challenge are only available to those that meet our health requirements outlined in our health notice. You understand and agree we may disallow you from subscribing to our meal plans, app or any other Produce Section Challenge product, websites, social media pages or anything relating to the Produce Section Challenge or terminate your subscription at any time based on these requirements. For example, pregnant women and individuals under the age of 18 may not subscribe to our meal plans, app or any other Produce Section Challenge product.
The meal plans, app and other produce section challenge products contain intellectual property that is protected by copyrights, trademarks, and other proprietary rights. This intellectual property is protected in all forms now or hereafter developed. All of the meal plans, app and other products from the Produce Section Challenge are copyrighted under the United States copyright laws. When you download the content you do not obtain any ownership interest. You may not in any way shape or form modify the content unless you receive prior written consent.
We cannot warrant that the subscription products will be error free. There will be errors from time to time that we will attempt to remedy as quickly as possible.
You understand and agree the Produce Section Challenge and its affiliates are not liable for any direct or indirect damages whatsoever that occur to you.
You agree to indemnify, hold harmless and defend us from any and all third party claims, liability, damages and/or costs arising from your improper use of these meal plans, app or any other product, website, social media page or information from the Produce Section Challenge.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the subscription meal plans shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of our meal plans the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any part of these terms shall be deemed unlawful or void then that part shall be removed from these terms and shall not affect the validity and enforceability of all remaining portions of these terms under the fullest extent of the law.
We may assign our rights and obligations under these terms. These terms will be taken over by our successors, assigns and licensees.
The failure of either party to enforce or exercise any part of these terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon these terms, rather, the same will be and remain in full force and effect.
In purchasing a subscription, using the app, using our meal plans, or by using our social media, using our website or any other information, products or services related to the Produce Section Challenge or it's affiliates you hereby consent and agree to these terms.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at email@example.com or by mail using the details provided below:
Produce Section Challenge
[Re: Privacy Compliance Officer]
21 Cleveland Place, New York NY 10012, United States