Terms & Conditions
The Heaping Harvest Terms & Conditions
Agreement between User and theheapingharvest.com
Welcome to theheapingharvest.com. The Heaping Harvest website (the “Site”) is comprised of various web pages operated by The Heaping Harvest. theheapingharvest.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of theheapingharvest.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
theheapingharvest.com is an E-Commerse and Blog Site.
The purpose of The Heaping Harvest is to provide nutrition education blogs, encourage family dinners and gathering with friends and family, inspire families to cook together through recipes written about, and provide a weekly meal planning service.
DISCLAIMER
Client understands that Jill Richter is not a registered dietitian, doctor, or health professional. REGARDING YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A MEDICAL PHYSICIAN BEFORE IMPLEMENTING ANY OF THE NUTRITION EDUCATION WRITTEN ABOUT ON THIS SITE. JILL RICHTER AND THE HEAPING HARVEST ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEALTH ISSUES, MEDICAL PROBLEMS, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
PRIVACY
Your use of theheapingharvest.com is subject to The Heaping Harvest’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting theheapingharvest.com or sending emails to The Heaping Harvest constitutes electronic communications. You consent to receive electronic communications and you agree that al agreements, notices, disclosures, and other communication that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
MINORS
The Heaping Harvest does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Site.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
CANCELLATION/REFUND POLICY
You may cancel your Meal Plan purchase or subscription 24 hours after it was placed or renewed. After 24 hours it no longer qualifies for a refund. When you buy a monthly subscription you are locked in for one month unless cancelled 24 hours after the purchase. Otherwise, you may cancel the monthly subscription for the next month at any time but will still be responsible for the current subscription month. Due to the digital nature of the E-products sold, they are not eligible for return, exchange, or refund. Please contact us at [email protected] with any questions!
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
theheapingharvest.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Heaping Harvest and The Heaping Harvest is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Heaping Harvest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Heaping Harvest of the site or any association with its operators.
Certain services made available via theheapingharvest.com are delivered by third party sites and organizations. By using any product, service or functionality originating from theheapingharvest.com domain, you hereby acknowledge and consent that The Heaping Harvest may share information and data with any third party with whom The Heaping Harvest has contractual relationship to provide the requested product, service or functionality on behalf of theheapingharvest.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable licensee to access and use theheapingharvest.com strictly in accordance with these terms or use. As a condition of your use of the Site, you warrant to The Heaping Harvest that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Heaping Harvest or its suppliers and protected by copyright and other laws that protect intellectual property and property rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this Site. The Heaping Harvest content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any of the protected content, and in particular you will not delete or alter any proprietary rights or attributions notices in any content. You will use protected content solely for your personal use, and will make no other use of the connect without the express written permission of The Heaping Harvest and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Heaping Harvest or our licensors except as expressly authorized by these Terms.
THIRD PARTY ACCOUNTS
You will be able to connect to other sites through theheapingharvest.com such as Instagram or Pinterest. You acknowledge and agree that you are consenting to the continuous release of information about you to other sites (in accordance to your privacy settings on those third party sites). If you do not want this information about you to be shared in this manner, then do not connect to the third-party sites.
INTERNATIONAL USERS
The Service is controlled, operated and administered by The Heaping Harvest from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Heaping Harvest Content accessed through theheapingharvest.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Heaping Harvest, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of ay rights of a third party, or your violation of any applicable laws, rules or regulations. The Heaping Harvest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Heaping Harvest asserting any available defenses.
ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute should be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a singe neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entities to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any Arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Heaping Harvest agree otherwise, the arbitrator may not consolidate more that one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE HEAPING HARVEST AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE HEAPING HARVEST AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE HEAPING HARVEST AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM ENTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HEAPING HARVEST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, MEDICAL PROBLEMS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HEAPING HARVEST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXECUTION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
The Heaping Harvest reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is covered by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Heaping Harvest as a result of this agreement or use of the Site. The Heaping Harvest’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Heaping Harvest’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Heaping Harvest with respect to such use. If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not listed to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Heaping Harvest with respect to the Site and it supersedes all prior to contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Heaping Harvest with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
The Heaping Harvest reserves the right, in its sole discretion, to change the Terms under which theheapingharvest.com is offered. The most current version of the Terms will supersede all previous versions. The Heaping Harvest encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
The Heaping Harvest welcomes your questions or comments regarding the Terms:
Effective as of December 02, 2020
