TERMS & CONDITIONS.

 

I value integrity SO much. So I want to make sure you understand what rights and legal boundaries you have when visiting the site, buying workshops, and reading my materials both here on the site and via social media.

BY VISITING FOODABOVEGOLD.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

 

COPYRIGHT NOTICE.
Copyright © 2018 by Mackenzie Ryan.
All rights reserved.

 

OVERVIEW.
The terms “we”, “us”, “our” “Mackenzie Ryan” and “Food Above Gold” refers to foodabovegold.com. The term the “Site” refers to foodabovegold.com and all online class sites connected with Mackenzie Ryan | foodabovegold.com. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site. Superfox is not a legal term, but you know who you are.

Mackenzie Ryan | Food Above Gold provides a website where users can read articles on cooking, food, recipes, and kitchen tools and inspiration and a service where users may purchase ebooks, online classes, workshops, subscriptions, and products related to food, cooking, and recipes. (the “Service”).

Use of FOODABOVEGOLD.com, including all materials presented herein and all online services provided by FOODABOVEGOLD.com, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Information provided on the Site and in the Service related to cooking, food, recipes, and other information are subject to change. FOODABOVEGOLD makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. FOODABOVEGOLD disclaims all liability for any inaccuracy, error or incompleteness in the Content.

 

DISCLAIMER.
The information contained in this website, videos, or through products sold should not take the place of an licensed attorney, nutritionist, doctor, or dietician. I give advice on this blog through my posts, through video, and products, but results may vary and I do not guarantee your outcome.  Please check with your doctor before making any changes to your diet.  The information in this blog is based on personal opinion, experience, and research.  You are responsible for all decisions pertaining to your health.  When handling food, there is always a risk of food borne illness, allergies, or cross-contamination; FOOD ABOVE GOLD is not responsible for any of these situations arising, and recommend that you contact a doctor immediately if you are concerned this may have happened to you.

We at FOOD ABOVE GOLD are not experts, nor health professionals. As such, we fully recommend that you consult with your doctor BEFORE attempting anything found on this site in terms of a diet. Each of us are different, and what may be good for one person is not necessarily good for another. If you are under the age of 18, please consult with your parents or legal guardian, too. Furthermore, make sure your food is always cooked properly!! Eating raw, uncooked or contaminated meat can result in illness and or even death. Please be smart when you’re cooking and if you’re under 18 seek an adult before you start cooking.

Any nutritional analysis on the Site is based on an estimate, calculated by WP Recipe Maker plugin (or other third-party source) from the individual ingredients in each recipe. Variations may occur for various reasons, including product availability and food preparation. We make no representation or warranty of the accuracy of this information.

 

USE OF THE SITE + SERVICE.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. But on the morning of your 18^th birthday, hightail it over to this site, because I think there is a lot contained herein that can help in life.

In order to buy products or receive communication from me, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to FOOD ABOVE GOLD will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. This is important, and if we catch you doing it, you should immediately go into hiding. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. That would be really unclassy. FOOD ABOVE GOLD reserves the right to refuse service based on your provision of inaccurate account information.

 

IMAGES.
Many of the images on the site are mine. Some images are not, and those are copyrighted to the respectful owners. If there is an image appearing on this blog that belongs to you and do not wish for it appear on this site, please email me at soexcited@foodabovegold.com with a link to said image and it will be promptly removed.

 

PERSONAL USE OF MATERIALS AND OUR INTELLECTUAL PROPERTY.
All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of FOOD ABOVE GOLD. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.

We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy. In layman’s terms, please don’t steal any of our content and reposition it to sell as your own. You will definitely get wrinkles from this and no longer be able to look your dog in the eye.

You DO have the right to print out one copy of a post or materials for your own use. Other than that, no part of any FOOD ABOVE GOLD publication may be reproduced, stored, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission.

If you obtained workshop material from anywhere other than Mackenzie Ryan via www.foodabovegold.com, you have a pirated copy.

 

You do NOT have the right to reprint or reproduce any of my materials on my site or social media in order to resell the contents, including written works, audio and video, including giving it away, selling it, or sharing it. You may not use or share these materials as a tool with your clients, in your marketing or in any of the media you use in your business, or in any type of workshop, seminar, class, talk or training without prior express written permission.

 

SYNDICATION (OR, SHARING MY WORK ON YOUR SITE).
I DO allow my posts and articles to be syndicated, as long as, 1.) prior express written permission is requested by you and granted by me, and, 2.) my post on your site retains the original title, contains the complete, unedited post with my name and link to foodabovegold.com at the top of the post, and my short bio (which I will provide with my permission) at the bottom of the post. Other considerations can be granted, such as quoting me, etc. but please ask beforehand.

Please ask my permission before syndicating a post by dropping me a line at: soexcited@foodabovegold.com.

 

PRODUCT DESCRIPTION.
I endeavor to describe and display the Service as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time I may correct errors in pricing and descriptions, because I may not have drank enough coffee the day I published something. I reserve the right to refuse or cancel any order with an incorrect price listing.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

 

ORDER CONFIRMATION.
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We would never, ever, want you left hanging.

If you’ve signed up for a month-to-month subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.

If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.

 

CANCELLATIONS, REFUNDS & RETURNS.
WORKSHOPS AND LIVE CLASSES: All sales of digital products downloadable upon confirmation of purchase are final and non-refundable. All live online workshops, courses and trainings being given during a specific time period are final and non-refundable. If you’d like to cancel a monthly subscription you have with us, you can do so any time, and you will not be charged effective the following month. Current payments for that month are ours to keep, okay?

 

 

LIMIT OF LIABILITY/DISCLAIMER OF WARRANTY.
While I have used my best efforts in preparing all posts and workshops, I make no representations or warranties with respect to the accuracy or completeness of the contents and specifically disclaim any implied warranties of merchantability or fitness for particular purpose. No warranty may be created or extended by sales representatives, promoters, or written sales materials.

THE ADVICE AND STRATEGIES CONTAINED HEREIN MAY NOT BE SUITABLE FOR YOUR SITUATION. YOU SHOULD CONSULT WITH A PROFESSIONAL WHERE APPROPRIATE.

NEITHER THE PUBLISHER NOR AUTHOR SHALL BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.

 

YOUR PARTICIPATION ON SITE.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. In other words, think before you post.

 

REFUSAL OF SERVICE.
FOOD ABOVE GOLD reserves the right to refuse service to any order, person, or entity without obligation to assign reason for doing so.  FOOD ABOVE GOLD reserves the right to limit the number of participants in any given online class or workshop. FOOD ABOVE GOLD may at any time change or discontinue any aspect or feature of the Site or Service.

 

MATERIAL YOU SUBMIT TO THE SITE.
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify FOOD ABOVE GOLD from any claim against FOOD ABOVE GOLD resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

FOOD ABOVE GOLD reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

 

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS.
FOOD ABOVE GOLD does not claim ownership of Material you supply to FOOD ABOVE GOLD. However, the act of posting Material to the site conveys an irrevocable, worldwide license to FOOD ABOVE GOLD to use and distribute the posted Material in connection with FOOD ABOVE GOLD’s website and any related FOOD ABOVE GOLD publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to FOOD ABOVE GOLD, you agree to hold FOOD ABOVE GOLD harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

 

CHANGED TERMS.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

LIMITATION OF LIABILITY.
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, FOOD ABOVE GOLD is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability

The foregoing applies even if FOOD ABOVE GOLD has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall FOOD ABOVE GOLD’s cumulative liability to you exceed the total purchase price of the Service you have purchased from FOOD ABOVE GOLD , and if no purchase has been made by you FOOD ABOVE GOLD’s cumulative liability to you shall not exceed $100.

 

THIRD PARTY RESOURCES.
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with FOOD ABOVE GOLD. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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