Terms of Service
Welcome to the Bridgetown Nutrition, LLC (“Bridgetown Nutrition,” “we,” “us,” “our”) website (“Website”). Please read these Terms of Service carefully.
By accessing or using the Website or our nutrition and food related consulting services (collectively, with any services we offer you, the “Services”), you agree to these Terms of Service.
You represent and warrant to Bridgetown Nutrition that if you are an individual you are at least 18 years of age. You also represent and warrant that you are legally permitted to access and use the Services. If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” will refer to such entity.
We may provide the Services, solely for you and (if mutually agreed) by your authorized users. For clarity, Services include, our offering materials on the Website and related features (including, text, data, software, graphics, images, illustrations, audio clips and video clips, (“Content”)). We may change, suspend or discontinue the Services (or any portion of them) for any reason, at any time. We may also restrict your access to parts or all of the Services without notice or liability. We may modify these Terms of Service at any time by posting a notice on the Services, or by sending you a notice via e-mail. You will be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of these Terms of Service as modified. If at any time you do not agree to these Terms of Service, you must terminate your use of the Services. You will still remain liable for any obligations incurred or charges accrued on or before the date of termination.
- INTELLECTUAL PROPERTY RIGHTS
Bridgetown Nutrition grants you a nonexclusive, nontransferable right and license (without right to sublicense) to access and use the Services, solely for your personal, non-commercial purposes. You may not (except as provided in this Section of these Terms of Service) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Nor will you attempt to circumvent any of Bridgetown Nutrition’s technical measures. You will not store any significant portion of the Content in any form without written permission, and in that event, only for your personal, noncommercial use.
As between Bridgetown Nutrition and you, Bridgetown Nutrition (or its licensors) is the sole and exclusive owner, and will retain all right, title and interest in and to the Services and Content. All trademarks, service marks, and trade names which appear on the Services are proprietary to Bridgetown Nutrition or third parties. You will abide by all copyright notices and restrictions contained in any Content accessed through the Services.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Bridgetown Nutrition has a policy of terminating, in appropriate circumstances and in its sole discretion, account holders who are deemed to be repeat infringers. Bridgetown Nutrition may also terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think anyone has posted material to the Website or Services that violates any copyrights, then you can notify Bridgetown Nutrition at [riley]@[bridgetownnutrition.com].
Please see 17 U.S.C. §512(C)(3) for notification requirements. Bridgetown Nutrition may give notice of a claim of copyright infringement to users by means of a general notice on the Website, electronic mail or by written communication.
- CUSTOMER DATA
For any data or information you provide to Bridgetown Nutrition, including any regarding your end users, in connection with your use of the Services (“Customer Data”), you grant Bridgetown Nutrition a non-exclusive, worldwide, royalty-free, transferable license to use, modify, reproduce, and display such Customer Data (including all related intellectual property rights) to provide and improve the Services. You represent and warrant that you: (i) have the right to grant Bridgetown Nutrition the rights set forth above, (ii) own all right, title and interest, or possess sufficient license rights, in and to the Customer Data as may be necessary to permit the use contemplated under these Terms of Service, and (iii) you will not contribute any Customer Data that (a) infringes any intellectual property right, proprietary right, or the privacy or publicity rights of another, is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law or right of any third party, damages our systems.
If you disclose Customer Data which includes personally identifiable information or information that could be used to identify an individual (“Personal Information”), you represent and warrant that: (i) you comply with all applicable laws relating to the collection, use and disclosure of Personal Information; (ii) you have made all required notifications and obtained all required consents and authorizations from your end users relating to the disclosure of end user Personal Information to a provider like Bridgetown Nutrition.
Bridgetown Nutrition reserves the right to remove any Customer Data from the Website and the Services at any time, for any reason or for no reason at all, though Bridgetown Nutrition will make commercially reasonable efforts to alert you of such breach as soon as practicable.
- WEBSITE SUBMISSIONS; FEEDBACK
Where Bridgetown Nutrition has specifically invited or requested submissions or comments (e.g. comments to blog posts, participation in communities, tips, etc.) through the Website, Bridgetown Nutrition encourages you to submit such content for consideration (“User Submissions”). User Submissions remain your property. By posting content on the Website, you expressly grant Bridgetown Nutrition a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in any form. Any such User Submissions are deemed non-confidential. Bridgetown Nutrition reserves the right to sell, license, and display advertising, links, and promotions in connection with User Submissions and may retain any and all revenue generated from such activity.
Any feedback relating to the Services (“Feedback”) submitted to Bridgetown Nutrition will become the property of Bridgetown Nutrition. Bridgetown Nutrition will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in future Services, or operations.
Bridgetown Nutrition’s communications to you and the Services may contain Bridgetown Nutrition confidential information. Such confidential information includes any materials, communications, and information that are marked confidential or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed. If you receive any such confidential information, then you will not disclose it to any third party without Bridgetown Nutrition’s prior written consent. Bridgetown Nutrition confidential information does not include information that you independently developed, was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Bridgetown Nutrition confidential information when compelled to do so by law if you provide reasonable prior notice, unless a court orders that Bridgetown Nutrition should not receive notice. Bridgetown Nutrition may disclose Customer Data at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena). If you engage Bridgetown to perform paid Services, any confidential information you provide will be treated as described in our separate agreement(s) with you.
- COMMERCIAL TERMS
You may not use the Services for commercial purposes unless you have our written agreement to do so. We will perform all our commercial consulting services in a competent and workmanlike manner in accordance with the level of professional care customarily observed by professionals rendering similar services.
Fees for the Services will be communicated to you, including any due dates. You are responsible for payment of all applicable fees, through the means communicated to you.
If you are using the paid portion of the Services, you will pay or reimburse Bridgetown Nutrition for all sales, use, excise, and all other taxes and all duties, whether international, national, state or local, which are levied or imposed specifically by reason of the performance by Bridgetown Nutrition under these Terms of Service; excluding, however, taxes measured by Bridgetown Nutrition’s profits, overall sales, employment, and property or other taxes measured in whole or in part by the value of Bridgetown Nutrition’s assets. You will not be liable for any taxes that Bridgetown Nutrition fails to invoice.
Bridgetown Nutrition will provide you with reasonable customer support and maintenance for the paid portion of the Services via e-mail. Bridgetown Nutrition does not guarantee that the support will be available at a certain time or that Bridgetown Nutrition will respond within a certain time or resolve all problems in connection therewith.
You are responsible for all of your activity in connection with the Services. Bridgetown Nutrition will not be liable for any failures in the Services or other problems which are related to your Customer Data or any equipment or service outside of Bridgetown Nutrition’s facilities or control. You will not use any part of the Website or Services to violate the security of any computer network, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will use the Services only in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity, or defamation). You’re responsible for determining whether the Services are suitable for you to use in light of any regulations like HIPAA, EU Data Privacy Laws, or other laws.
- WARRANTY DISCLAIMER
You acknowledge that Bridgetown Nutrition has no control over, and no duty to take any action regarding: what results you may obtain via the Services; what effects the Content may have on you; how you may interpret or use such results; or what actions you may take as a result of having been exposed to the Content or Services. We are not liable to you or any other party for any suspension, modification, discontinuance or lack of availability of the Services, your Customer Data or other content.
As part of the Services, Bridgetown Nutrition may offer recipes and information dealing in the preparation of food. Bridgetown Nutrition in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, website, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our Website and prepared are done so “at your own risk”. Bridgetown Nutrition is not responsible for any damage, medically or otherwise, resulting in the preparation of food using the instructions or recipes provided on this Website. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in recipes on this Website.
You release Bridgetown Nutrition from all liability for your having acquired or not acquired Content and results through the Services. Bridgetown Nutrition does not manage or control any business or individual that you may interact with through the Services, and Bridgetown Nutrition accepts no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against Bridgetown Nutrition with respect to acts and omissions by such entities.
The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Bridgetown Nutrition makes no representations concerning any content contained in or accessed through the Services, and Bridgetown Nutrition will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, BRIDGETOWN NUTRITION DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE SERVICES.
- THIRD PARTY SITES AND SERVICES
You may gain access from the Services to third party sites on the Internet. In some cases we partner with another company to co-promote their services within our Website. In these cases, you are transacting directly with the other party. Third party sites or services are not within the supervision or control of Bridgetown Nutrition. Bridgetown Nutrition makes no representations or warranties about any third party site or resource, and does not endorse the products or services offered by third parties. Bridgetown Nutrition disclaims all responsibility and liability for content on third party websites. Third party providers of ancillary services may require your agreement to additional or different license or other terms prior to your use or access of their sites or services. Any such agreement will not in any way modify your Agreement here with Bridgetown Nutrition.
- REGISTRATION AND SECURITY
As a condition to using Services, you may be required to supply Bridgetown Nutrition with certain registration information. You will provide Bridgetown Nutrition with accurate, complete, and updated registration information. Bridgetown Nutrition reserves the right to refuse registration of or cancel an account in its discretion. If you are using the commercial version of the Services, you may grant access to your account to your employees, subject to any applicable seat limits and such users’ compliance with these Terms of Service.
You will indemnify and hold Bridgetown Nutrition, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of these Terms of Service, or your infringement, or the infringement by any third party using your registration information, of any intellectual property, or other right of any person or entity.
- LIMITATION OF LIABILITY
IN NO EVENT WILL EITHER PARTY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CUSTOMER DATA OR OTHER INTANGIBLES, OR IN THE CASE OF BRIDGETOWN NUTRITION, DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE WEBSITE, ERRORS OR OMISSIONS. BRIDGETOWN NUTRITION’S LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED TO THE GREATER OF: (A) AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM; OR (B) $25.00 US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Service begin on the date you first use the Services and continues as long as you access them or, in the case of subscription users, as long as you have an account. For subscription users, your account is by default set to automatically renew every month (or other agreed to term), until you decline to do so. Either party may terminate the Services at any time by notifying the other party by any means. Bridgetown Nutrition may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Service. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services and access Customer Data through the Services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Service will be finally settled by the state and federal courts located in Multnomah County, Oregon. These Terms of Service are void where prohibited by law, and the right to use the Services is revoked in such jurisdictions.
Bridgetown Nutrition, LLC [6601 N Vancouver Ave, Portland, OR 97217].
All Website design, graphics, text selections, arrangements, and all software are Copyright © 2017, Bridgetown Nutrition, LLC or its licensors. ALL RIGHTS RESERVED.