GFP reserves the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. Please check this Agreement periodically for changes. By using the Site after we post any changes to this Agreement or otherwise notify you of changes thereto, you agree that you accept such changes, whether or not you have reviewed them.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE CHECKBOX OR BY ACCESSING OR USING THE SITE YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event; “Customer”, “You” and “Your” will refer and apply to that company or other legal entity.
1. The Services
GFP will provide you with the Services for which you register on GFP’s website, subject to the terms and conditions of this Agreement. GFP reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.
As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Changes and Other Modifications
GFP may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on GFP's website. New pricing terms will become effective beginning with the first full billing cycle after GFP posts such changes to its website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by GFP in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
4. Term and Termination of Agreement
The term of this Agreement will begin on the date that GFP accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. GFP also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement.
5. Use of the Site
Subject to and conditioned upon your compliance with the terms and conditions of this Agreement, and solely for so long as you are permitted by GFP to access to Site, we grant to you a non-exclusive, non-transferable, non-sub-licensable, limited right and license to access the Site, including any text, images, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Site solely as made available by us, solely as necessary to access the Site and solely for your own purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Site may include advertisements and that such advertisements are a necessary part of the Site. The Site, including all such materials and all intellectual property rights therein, remains the property of GFP or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Site without the written consent of GFP. Nothing herein grants any rights to commercially exploit any portion of the Site or any content therein. All rights not expressly granted hereunder are expressly reserved.
Technical, maintenance and other issues may make the Site unavailable from time to time. GFP MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE SITE WILL OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET USER’S PURPOSES. GFP may in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Site. While using the Site, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Violate any applicable laws or regulations;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Use the Site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
Engage in spamming or flooding;
Attempt to upload images by any method to another user's account without permission;
Access or use (or attempt to access or use) another user's content without permission;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
"Frame" or "mirror" any portion of the Site, or link to any page of or material on the Site other than the URL located at http://www.glutenfreedomproject.com/ or the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site;
Harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law.
We may suspend and/or terminate your access to and use of the Site and/or any features made available through the Site immediately if you fail to comply with the above rules or otherwise fail to comply with the terms and conditions of this Agreement, a determination to be made in our sole discretion.
The Site may permit users to share their Content with other users, including but not limited to our user comment functionality, user forums and blogs (collectively, "Forums"). A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of GFP. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will GFP, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through the Site.
You may be able to link from the Site to third party websites. This Agreement governs your use of the Site, and not your use of sites operated by third parties to which we may be linked. You agree that we are not responsible for the availability of such sites, and that our linking thereto does not constitute endorsement of or responsibility for any content, advertising, products or other material available on or through such sites. You also agree that we will be under no circumstances responsible or liable, directly or otherwise, for any loss or damage that is caused or alleged to have been caused to you in relation to your use of or reliance upon, any products, advertisements, content or other material available on any other site, regardless of whether we link thereto, whether directly or indirectly. The inclusion of any link to such sites on our Site does not constitute our endorsement, sponsorship, or recommendation of that site. We do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
8. Third Party Products and Services
You may order merchandise or other products or services through the Site from third party sellers. Responsibility for services, merchandise and products ordered from such sellers, including but not limited to, purchase terms, warranties, limitations of liability, guarantees, payment terms, customer service and delivery rests with these third party sellers, and we make no warranties or representations in regard thereto. You will not regard us as a party to such transactions, whether or not we have received some revenue or remuneration relating to these third party transactions; and we will have no liability for any costs or damages to you or anyone else arising out of such transactions, either directly or indirectly.
9. Disclaimer of Warranty and Limitation of Liability
The information appearing on this Site is presented for your support and general informational purposes only and is not intended to constitute medical advice or treatment or to replace the relationship that exists between an individual and your physician. Do not rely on any information on this Site to replace consultations with a qualified health care provider to meet your health, diet and nutritional needs. Further, we advise you to investigate products and services include on the Site to verify the contents, ingredients, availability and serviceability of these products and services. Always verify any food products by contacting each manufacturer to make sure that any foods are safe for your unique allergy issues. Do not disregard medical advice you have received, or start, stop, change or delay in seeking medical care because of something you have read on this Site.
While the content published on our Site is believed to be accurate, errors sometimes occur. It remains your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information found on this Site. Statements and opinions expressed in our online community and comments should be viewed and used cautiously, and should be considered as an opinion of those individuals, and not the views, ideas, opinions, or advice of GFP. We do not undertake editorial control of any messages posted. Any information or advice obtained from other readers through any editorials, online community or other mechanism shall be used at your own risk.
GFP and its agents, affiliates, employees, and contractors cannot and do not make any representation, warranty, endorsement or guarantee, express or implied, regarding (i) the accuracy, completeness or timeliness of information on this Site, facts, or opinions or (ii) the merchantability or fitness for any particular purpose thereof, nor shall any of such materials be deemed the giving of medical or legal advice by GFP, its agents, affiliates, employees, or contractors or (iii) the performance of any product based on the specifications supplied by the advertiser.
WE OFFER THIS SITE AND THE INFORMATION CONTAINED HEREIN, ITS FORUMS AND COMMENTS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SERVICE, INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ARE NOT LIABLE FOR ITS ACCURACY, FOR MISTAKES, ERRORS, OR OMISSIONS OF ANY KIND, NOR FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED FROM THIS SITE.
IN NO EVENT SHALL GFP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF OR RELIANCE ON ANY CONTENT OR MATERIALS CONTAINED HEREIN. THE USERS OF THIS SITE ASSUME ALL RISKS OF USE AND SHALL INDEMNIFY AND HOLD GFP, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATED TO USE OF INFORMATION, SERVICES OR PRODUCTS OFFERED AND/OR PRESENTED IN OR AT THIS SITE.
BY ACCESSING THIS SITE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST GFP AND ITS AGENTS, AFFILIATES, EMPLOYEES, AND CONTRACTORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION CONTAINED HEREIN.
You agree to indemnify, hold harmless, and, at our option, defend GFP and its officers, directors, employees, stockholders, agents, contractors and representatives from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of the Site or our products or offerings, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity. This obligation shall survive any termination of your relationship with GFP.
11. Sole and Exclusive Remedy
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds" above.
Failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void.
12. Governing Law
This Agreement shall be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. By using or accessing the Site, you agree that any action at law or in equity arising out of or relating to your use of the Site or this Agreement will be filed only in the state or federal courts in the State of Colorado, La Plata County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
13.1 Legal Fees: In any action against us arising from the use of the Site, the prevailing party shall be entitled to recover al legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees and expenses.
13.2 Severability: If any provision of this Agreement should be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement, and shall not effect the enforceability of any remaining provisions.
13.3 Assignment: We may assign our rights and obligations hereunder, and this Agreement will inure to the benefit of our successors, assigns, and licensees. You may not assign your rights and obligations hereunder without our prior express written consent.
13.4 Waiver: The failure of either party hereto to insist upon or enforce the strict performance of the other party with respect to any provision hereof, or the failure to exercise any right under this Agreement, shall not be construed as a waiver of said right (s), and the party's right to assert or rely upon any such provision in that or any other similar instance shall remain in full force and effect.
(Last modified on September 4, 2013)