GreaTFOods, It’s Vegan LLC and its subsidiaries and affiliates (“GTFO It’s Vegan” “we,” or “us”), require that all visitors to this Web site as well as any other publicly available version of this site or co-branded sites operated by GTFO It’s Vegan (the “Site”) adhere to the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
- CHANGES TO THESE TERMS AND THE SITE
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. In certain instances, the Site may need to send notifications of changes to the email address you’ve provided. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
- LICENSE TO ACCESS AND USE
- As a condition of using this Site, you represent and agree that you are at least 18 years of age and have the authority to make a binding legal obligation.
- You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
- GTFO IT’S VEGAN IS NOT A MEDICAL ORGANIZATION. THE CONTENT MADE AVAILABLE ON THE SITE INCLUDES HEALTH- OR NUTRITION-RELATED INFORMATION THAT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. SUCH CONTENT DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. GTFO IT’S VEGAN DOES NOT RECOMMEND SELF-MANAGEMENT OF ONE’S HEALTH CARE. RELIANCE ON ANY OF THE CONTENT MADE AVAILABLE ON THE SITE IS SOLELY AT YOUR OWN RISK. SHOULD YOU HAVE ANY HEALTH CARE–RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
- You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. The only exceptions to this policy are if you are a recognizable and reputable search engine for the purpose of indexing and ranking our site for ranking information for inclusion in search results and for paid and unpaid marketing efforts, or if you have expressed permission in writing from GTFO It’s Vegan. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
- You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of GTFO It’s Vegan or its licensors and content providers.
4.1 Software: Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by GTFO It’s Vegan, and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
If you believe in good faith that any Content has been used in a way that constitutes copyright infringement, you may forward the following to us at GTFO It’s Vegan at 120 Newport Center Drive, Newport Beach, California, 92660 (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
- TERMINATION OF ACCESS
- GTFO It’s Vegan reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and GTFO It’s Vegan, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
- Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, GTFO It’s Vegan will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
- USER CONDUCT
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may not cause or permit any person to do any of the following:
- use the Site or Content for any unlawful purpose;
- use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
- use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
- use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
- use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
- TERMS OF SALE; DESCRIPTION OF SERVICES
We make various services available on this Site including, but not limited to offering multiple products on behalf of certain third party vendors (“Vendor(s)”) through the GTFO It’s Vegan marketplace. The products available on the Site are provided by the participating Vendors. GTFO It’s Vegan facilitates the sales, and in some cases the shipping, of the products, but does not directly produce the products made available on the Site. The participating Vendor is solely responsible for production of the products made available through the GTFO It’s Vegan marketplace. As such, the applicable Vendor is fully responsible for all products it provides to you, and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the products provided through the GTFO It’s Vegan marketplace or not. You knowingly waive and release GTFO It’s Vegan and its subsidiaries, Affiliates, partners, members, managers, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Vendor in connection with your use of the Site or any of the products provided by its participating Vendors.
- By disclosing or offering any information to us, including reviews, comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize GTFO It’s Vegan to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to GTFO It’s Vegan an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
- By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
- GTFO It’s Vegan and our agents have the right, but not the obligation, at our sole discretion to remove any content from any Submission that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. GTFO It’s Vegan is not responsible, however, for any failure or delay in removing such Submissions. You hereby consent to such removal and waive any claim against us arising out of such removal of such Submissions. Furthermore, we neither endorse nor assume any liability for the contents of any user Submissions. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other user, are those of the respective author(s) or distributor(s) and not of GTFO It’s Vegan.
GTFO It’s Vegan takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify GTFO It’s Vegan immediately if you discover loss or access to such information by another party not under your control and supervision. GTFO It’s Vegan will not be liable for any loss or damage arising from the unauthorized use of your username or password.
- This Site may include hyperlinks to other websites which are not maintained by GTFO It’s Vegan. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by GTFO It’s Vegan of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and GTFO It’s Vegan will have no liability for any loss or damage arising from your access or use of any external website. Since GTFO It’s Vegan is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
- Images of the GTFO It’s Vegan logo can only be used to link to the Site; any other use of the GTFO It’s Vegan logo can only be made with our express written permission. If you operate a website and wish to link to the Site via logo or text link you must link to the Site’s home page unless permission otherwise has been granted in writing by GTFO It’s Vegan, Inc. by submitting a request to firstname.lastname@example.org. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that GTFO It’s Vegan approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
- We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the GTFO It’s Vegan logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the GTFO It’s Vegan logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
- USE OF TRADEMARKS
Except for the limited permission to use the GTFO It’s Vegan logo as set forth in these Terms, you may not, without our express written permission, use any of GTFO It’s Vegan trademarks or service marks for any other purpose.
The use of this SITE is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, GTFO IT’S VEGAN AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
THE SITE AND ITS CONTENT ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING PRIMARY OR MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED ON THE PRODUCT MANUFACTURER SITE OR MEDICAL ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL. ANY RELIANCE UPON THE SITE AND ITS CONTENT SHALL BE AT YOUR OWN RISK. GTFO IT’S VEGAN DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM GTFO IT’S VEGAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE GTFO IT’S VEGAN USES ALL REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS WITHIN THE SITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO GTFO IT’S VEGAN’S ATTENTION, GTFO IT’S VEGAN DOES NOT WARRANT THAT THE INFORMATION ON THE SITE ITSELF WILL BE FREE FROM ERRORS OR OMISSIONS.
- LIMITATION OF LIABILITY
- In no event will GTFO It’s Vegan, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
- Under no circumstances will GTFO It’s Vegan or our Representatives be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of GTFO It’s Vegan and the Representatives will be limited in accordance with these Terms to the extent permitted by law.
- Without limiting any of the foregoing, if GTFO It’s Vegan or any of the Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend, indemnify and hold harmless GTFO It’s Vegan, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and GTFO It’s Vegan; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
You are solely responsible for your interactions with Vendors and other users of the Site. To the extent permitted under applicable laws, you hereby release GTFO It’s Vegan from any and all claims or liability related to any product, subscription, or service of a Vendor, any action or inaction by Vendor, including Vendor’s failure to comply with applicable law and/or failure to abide by these Terms, and any conduct or speech, whether online or offline, of any other user.
These Terms will be construed and enforced in accordance with the laws of the State of Nevada. You submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Las Vegas, Nevada.
- WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
- Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
- Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
- These Terms do not confer any rights, remedies, or benefits upon any person other than you.
- We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
- Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
- If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
- Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
- Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
- OTHER AGREEMENTS
If you have entered into a separate written agreement with GTFO It’s Vegan with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms at email@example.com.