PRIMALLY NOURISHED TERMS OF SERVICE

Last Updated: January 12, 2024

These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by Primally Nourished LLC (“Primally Nourished” or “we”). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us through our Contact Us. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. Eligibility

If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. If you are under 21 years of age, you agree that you will not use recipes that include alcohol as an ingredient.

2. User Accounts and Account Security

You may need to register for an account to access our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You may not share your password or other log-in credentials with others. If anyone else uses your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. User Content

  1. Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Primally Nourished.
  2. You grant Primally Nourished and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. Depending on your privacy settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
  3. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. Prohibited Conduct and Content

(a)   You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort. You are solely responsible for your conduct while using our Services. You will not:

(b) You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

(c) Enforcement of this Section 4 is solely at the discretion of Primally Nourished, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

5. Payments

Use of the Services may require a paid subscription. If you wish to purchase a subscription, you will be asked to supply certain relevant information, such as your credit card number and its expiration date and your billing address. You represent and warrant that you have the right to use any credit card that you submit in connection with a subscription. You acknowledge, understand, and agree that your subscription is continuous until you cancel it and that you will be charged the Fee both (a) at the beginning of the subscription period and (b) at the beginning of each subsequent subscription period until you cancel.

YOU HEREBY AUTHORIZE PRIMALLY NOURISHED TO AUTOMATICALLY CHARGE SUBSCRIPTION FEE TO YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY ALTERNATIVE PAYMENT METHOD YOU HAVE SELECTED, AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD TO THE SERVICES. YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST SEVENTY-TWO (72) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. By submitting such payment information, you grant us the right to provide such information to our third-party payment processor, Braintree. Verification of information may be required prior to the acknowledgments or completion of any transaction.

If you do not cancel at least seventy-two (72) hours before the end of the current subscription period, you will be charged for another subscription period. For example, if you have a monthly subscription beginning on January 1, you must cancel at least seventy-two (72) hours before February 1, which means you must cancel on January 28 to avoid being charged for the subscription period beginning February 1.

If the subscription fee changes, Primally Nourished will notify you at least 30 days in advance of the next subscription period. If you do not want to pay the new fee, you must cancel your subscription in accordance with these Terms.

Primally Nourished reserves the right, including without prior notice, to limit the availability of subscriptions or discontinue making available any type of subscription; to impose conditions on the honoring of any coupon, discount or similar promotion; and to bar any user from purchasing a subscription. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your purchases. All purchases are final, and refunds are not available.

6. Free Trials

When you sign up for Primally Nourished, you may enroll in a free trial of the Services. Primally Nourished reserves the right, in its discretion, to determine your free trial eligibility and to modify or cancel a free trial or free trial offer at any time.

During our free trial, you will have the opportunity to provide your credit card information. If you provide your credit card information, you will be automatically charged for a paid subscription at the end of your free trial, in accordance with Section 5 above. If you wish not to be charged, you should not enter your credit card information or you must cancel at least seventy-two (72) hours before the end of your free trial, in accordance with Section 5 above.

7. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein (other than your User Content), are owned by Primally Nourished or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and violate our intellectual property rights.

8. Trademarks

Primally Nourished and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Primally Nourished and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

9. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Primally Nourished or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Primally Nourished’s sole discretion. You understand that Primally Nourished may treat Feedback as nonconfidential.

10. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Primally Nourished’s designated agent as follows:

Designated Agent: Jodi Thomas

Address: Primally Nourished

PO Box 665

Conway, WA 98238

Telephone Number: 360-912-9160

E-Mail Form: Contact Us

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Primally Nourished for certain costs and damages.

11. Third-Party Content

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Primally Nourished does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Primally Nourished and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Primally Nourished Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the Primally Nourished Parties of any third-party Claims, cooperate with Primally Nourished Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Primally Nourished Parties will have control of the defense or settlement, at Primally Nourished's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Primally Nourished or the other Primally Nourished Parties.

13. General Disclaimers

Your use of our Services is at your sole risk. Our Services and any content therein, including any beta versions of features or content, are provided “as is” and “as available” and Primally Nourished expressly disclaims all warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Primally Nourished does not represent or warrant that the Services are accurate, complete, reliable, current or error-free. While Primally Nourished attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

14. Health and Wellness Disclaimers

The Services may offer nutrition and health information. This content describes general principles of health care and wellness that should not in any event be construed as specific instructions for individuals. This material is not intended as a guide to self-medication or as a substitute for proper medical or nutritional advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions. You should never disregard, avoid, or delay obtaining medical advice from a licensed practitioner because of information made available through the Service. The Service and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.

Proper treatment of health conditions and maintenance of proper nutrition depend upon a number of factors. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness, or supplement regimen.

Information and statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any health condition.

15. Limitation of Liability

  1. To the fullest extent permitted by applicable law, Primally Nourished and the other Primally Nourished Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Primally Nourished or the other Primally Nourished Parties have been advised of the possibility of such damages.
  2. The total liability of Primally Nourished and the other Primally Nourished Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of [$300] or the amount paid by you to use our Services.
  3. The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Primally Nourished or the other Primally Nourished Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

To the fullest extent permitted by applicable law, you release Primally Nourished and the other Primally Nourished Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

17. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

18. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Primally Nourished and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

  1. No Representative Actions. You and Primally Nourished agree that any dispute arising out of or related to these Terms or our Services is personal to you and Primally Nourished and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  2. Arbitration of Disputes. Except for small claims disputes in which you or Primally Nourished seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Primally Nourished seek injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Primally Nourished waive our rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Primally Nourished you agree to first contact Primally Nourished and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Primally Nourished by email through our Contact Us or by certified mail addressed to PO Box 665, Conway, WA 98238. The Notice must: (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Primally Nourished cannot reach an agreement to resolve the Dispute within 30 days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 18, a “consumer” means a person using the Services for personal, family or household purposes.  You and Primally Nourished agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
  3. You and Primally Nourished agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
  4. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, Primally Nourished, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. 
  5. You and Primally Nourished agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Primally Nourished will pay the remaining JAMS fees and costs. For any arbitration initiated by Primally Nourished, Primally Nourished will pay all JAMS fees and costs. You and Primally Nourished agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
  6. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Primally Nourished will not have the right to assert the claim.
  7. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by sending an email through our Contact Us. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
  8. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (ii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.

19. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.

20. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. If we discontinue providing all or portions of the Services, we will, where reasonably possible, give you advance notice and a chance to access and move your content and data to another service. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

21. Amendments

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

22. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

23. Miscellaneous

  1. The failure of Primally Nourished to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties with respect to the subject matter hereof. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
  2. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.