Terms And Conditions Of Use And Sale

Terms Of Conditions Of Use & Sale

Last Updated on October 22, 2024

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER WITH THE ONLINE ENTREPRENEUR LLC THROUGH THEONLINENTREPRENEUR.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The use of THE28DAYRAWFOODCOURSE.COM, 28DAYRAWFOODCOURSE.COM or other sites to which these Terms are linked (each, a “Website”), owned and maintained by THE ONLINE ENTREPRENEUR LLC d/b/a LIVING MEALS (“LIVING MEALS,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND LIVING MEALS (THE28DAYRAWFOODCOURSE.COM, 28DAYRAWFOODCOURSE.COM, AND ASSOCIATES). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, OR 28DAYRAWFOODCOURSE.COM, AND ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The 28 Day Raw Food trademark is a proprietary mark of Living Meals and The28dayrawfoodcourse.com, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by LIVING MEALS (THE28DAYRAWFOODCOURSE.COM).

You agree not to use or attempt to use the Website or any content provided by LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, OR 28DAYRAWFOODCOURSE.COM, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to LIVING MEALS.  

SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union, United Kingdom, Brazil, or California (USA), our Data Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed at https://THE28DAYRAWFOODCOURSE.COM/PRIVACYPOLICY. LIVING MEALS (THE28DAYRAWFOODCOURSE.COM AND 28DAYRAWFOODCOURSE.COM) reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – ORDER PLACEMENT, REFUNDS, AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. All orders are final and payments received are non-refundable and non-negotiable.

SECTION 5 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.

LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM does not promise, guarantee, or warrant your business’ success, income, or sales. LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM does not promise, guarantee, or warrant your personal success with raw foods, meal prepping, or planning. You understand and acknowledge that LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM will not at any time provide sales leads or referrals to you or your business. We do not guarantee your business’ or personal success and based upon many market factors that we cannot control, the course, curriculum, trainings, resources, and tools we provide may or may not be applicable to your specific needs or business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, or provide you with any specific results, and it is possible that you will not earn your investment back or find success with raw foods. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any health, tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor, or healthcare provider for advice on these topics.

SECTION 6 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM is pleased to hear from users and customers and welcomes your comments regarding our services and products. LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM services or products, in printed and online media, as LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Additionally, LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

SECTION 7 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 8 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

SECTION 9 – THIRD-PARTY LINKS

The Website may contain links to other websites. LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM assumes no responsibility for the content or functionality of any non-LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM website to which we provide a link. Please see our PRIVACY STATEMENT for more details.

SECTION 10 – FORCE MAJEURE

LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 11 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you communicate with LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 12 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 13 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM has the right to rely upon all information provided to LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM by you, and LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

SECTION 14 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 15 – ENTIRE AGREEMENT

These Terms, the Privacy Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and LIVING MEALS, THE28DAYRAWFOODCOURSE.COM, AND 28DAYRAWFOODCOURSE.COM . We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 16 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to CONTACT@THE28DAYRAWFOODCOURSE.COM

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