Terms of Purchase
the Elevated Plant Plate
Effective date: December 30, 2020
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products, programs, or services as part of the Elevated Plant Plate Membership Site (“Membership”) operated by Ruthie Landelius (“Owner”), acting on behalf of Black Fig Food (“Company”).
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
You are entering into a legally binding agreement with the Company, subject to the following terms:
- TERMS OF MEMBERSHIP.
- Upon purchasing and executing this Agreement, the Customer will be provided with the following content and/or services as detailed on elevatedplantplate.com and selected before purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
- LIVE cooking classes
- Facebook Community Group
- Recipes and Cooking Tutorials
- All Other Monthly Content
- The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
- The Company reserves the right to substitute services equal to or comparable if reasonably required by the prevailing circumstances.
- The Company may from time to time offer extra Services to Customer for an additional fee.
- The content included in the Membership Site is for your individual, non-commercial use. The customer agrees not to share login details and/or materials with any third parties.
- Customer will have access to the Membership Site as long as he/she is actively paying the monthly membership price.
- At any point, should Company be terminating the Membership Site, the Customer will be given at least sixty (60) days notice.
- The customer can cancel membership at any time in writing via email to the Company or in the membership's member profile, and cancellation will take effect on the following billing cycle.
- PAYMENT AND REFUND POLICY.
- Upon execution of this Agreement, the Customer agrees to pay the Company the purchase amount stated on the Website.
- No refunds will be provided. Each Customer will receive his/her first month’s worth of content to keep. Refer to the previous section (h) for cancellation policy.
- With an initial payment of $27.00, the Customer commits to a one (1) month term to the Membership. At the end of the initial term or anytime thereafter, the Customer will be billed monthly.
- After the initial one (1) month term, The Customer will automatically be moved into the Membership at a rate of $27.00 per month. The Customer will then be charged payment according to their selected payment plan: every thirty (30) days, every six (6) months, or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.
- Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Customer on the dates and for the amounts specified upon purchase and as included in this Agreement.
- If Customer fails to make any of the payments as outlined above, the Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.
- By participating in the Membership, the Customer acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or content accessed through this Membership. By participating in this Membership, the Customer acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Customer may suffer by relying on modules, content, guest speakers, videos, services, or products. Use of Membership is at the Customer’s own risk. Any use of videos requiring physical activity is done at the Customer’s discretion, and the Company will not be held liable for any injury that could result from utilizing videos.
By participating in the Membership, the Customer acknowledges that the Company or any of its representatives are medical doctors, psychologists, therapists, financial advisors, and content and/or services do not replace other professionals' care. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling, or any other therapy or advice type.
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance about any particular outcome based on the Membership and/or Services' use. You acknowledge that the Company has not and does not make any representations as to the success of any kind that may be derived due to the use of its programs, products, or Services.
The Company may provide the Customer with information relating to products that the Company believes might benefit the Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Customer with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and inform the Customer when this is the case. The Customer agrees that these are only recommendations, and the Company will not be held liable for the services provided by any third-party to the Customer.
- RECORDING AND REDISTRIBUTION OF CALLS. The customer acknowledges that group calls and/or training may be recorded. The customer also acknowledges that the recordings may be redistributed and/or resold later as part of separate offerings sold by the Company.
- Customer agrees that the Company may use any written statements, images, audio recordings, or video recordings of Customer obtained while enrolled in the Membership. This includes any content Customer may publish to social media accounts and online forums and any statements, images or recordings, captured about Customer's participation in the Membership.
Customer waives any right to payment, royalties, or any other consideration for Company’s use of such written statements, images, audio recordings, and video recordings. Customer waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or behalf of the Customer estates have or may have because of this authorization.
- INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Customer as part of this Membership, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights, and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement.
Customer may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication, or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws, and may subject such a violator to legal action.
- DISCLAIMER OF WARRANTIES. The Services provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied, or statutory; including, without limitation, quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance, or trade usage.
- LIMITATION OF LIABILITY. Using the Company’s Services and purchasing this Membership, Customer accepts all risks, foreseeable or non-foreseeable, arising from such transactions. Customer agrees that the Company will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The customer agrees that the use of this Membership is at the user’s own risk.
- DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the initial arbitration demand date and shall occur in Austin, Texas, or via telephone. The Parties shall cooperate to exchange and expedite discovery as part of the arbitration process and shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The arbitrators' written decision (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review. It may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas within the United States, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
- All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected]
- ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
If you have any questions, concerns, or complaints about this [[ Insert Policy Name Here ]], please contact us:
- By email: [email protected]
- By visiting this page on our website: [[ Contact Website Link ]]
- By phone number: 806-236-0025