Terms & Conditions

In General

Welcome to OwnYourEating.com (the “Website”). The Website is owned and operated by All For Good, LLC (AFG) doing business as Own Your Eating (“OYE”). Reference to either party may be used interchangeably. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by OYE. OYE has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

OYE and our affiliates deliver services to you based upon adherence to the following conditions. If you visit or shop at OYE, you accept these conditions. Please read them carefully.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and OYE will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Terms of Sale

By placing an order you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Where applicable, dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with OYE you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. OYE retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be OYE or may in some cases be a third party. Where a contract is made with a third party OYE is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of OYE or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by OYE and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Copyright

All content included on the Own Your Eating site, such as copy, images, logos, icons, graphics, premium content and downloads is the property of Own Your Eating or its affiliates and is protected by the applicable copyright laws. The compilation of all material on this site is the exclusive property of OYE.

Trademarks

OWNYOUREATING, OYE, OWN YOUR EATING WITH JASON & ROZ and other Own Your Eating taglines, graphics, logos, page headers, icons, scripts and service names are trademarks, registered trademarks or trade dress of OYE or its affiliates. OYE’s trademarks and trade dress may not be used in connection with any product or service that is not OYE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OYE.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with OYE and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to OYE.

Copyright Complaints

OYE and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

License and Site Access

OYE gives you a limited license to visit and make personal use of this site but not to modify it without express written permission. This license does not include any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of OYE. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Primal Nutrition and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing OYE’s name or trademarks without the express written consent of OYE. Any unauthorized use terminates the permission or license granted by OYE. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray OYE, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Communications and other Content

Visitors are allowed to submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. OYE reserves the right (but not the obligation) to remove or edit such content.

If you do submit material, and unless we indicate otherwise, you grant OYE and its affiliates a nonexclusive, royalty-free, perpetual and irrevocable to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant OYE and its affiliates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OYE or its affiliates for all claims resulting from content you supply. OYE has the right but not the obligation to monitor and edit or remove any activity or content. OYE takes no responsibility and assumes no liability for any content submitted by you or any third party.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Electronic Communications

When you visit OYE or send emails to us, you are communicating with us electronically. You are agreeing to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all communications that we provide to you electronically satisfy the legal requirement that communications be in written form.

Applicable Law

By visiting the Website, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and OYE or its affiliates.

Disputes

Any dispute relating in any way to your visit to the Website or to products you purchase through Own Your Eating shall be submitted to confidential arbitration in Naples, FL, except that, to the extent you have in any manner violated or threatened to violate OYE’s intellectual property rights, OYE may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent, permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability

Please review our other policies, posted on this site. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Indemnity

You agree to indemnify, defend and hold harmless OYE, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and OYE. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of OYE.

These Terms of Service were last updated on April 9, 2018.