Terms and Conditions

This Subscriber Agreement governs your use of the Paleo Trail website located at https://www.PaleoTrail.com (“Website”) and is a legal agreement between you (“Subscriber”) and Paleo Trail (“Provider”).

BY USING PROVIDER’S WEBSITE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

If you agree, place a check mark in the “I agree to the Terms and Conditions of Use” checkbox on the first page of the Website’s new account registration process. If you place a check mark in the “I agree to the Terms and Conditions of Use” checkbox without actually reading this agreement, you will nevertheless be legally bound. If you do not agree to be bound by the terms of this Agreement, do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox. If you do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox you will not be able to proceed with the Website’s registration process, will not become a subscriber of the Website, and will not be granted access to restricted content of the Website.

 

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to your participation in our site and web application. The Agreement describes and encompasses the entire agreement between Provider and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content and computer programs provided by or through the Website, and the subject matter of this Agreement. If you wish to become a member of this Website, please read these terms of use carefully before using our services. By accessing this Website or using any part of the Website or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or application or use the content or any services in the Website. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Website reflects the latest agreement and you should carefully review the same before you use our site.

ELIGIBILITY

This Website including its tools and services are intended solely for access and use by individuals who are at least eighteen (18) years old and above. By accessing and using our Website including its tools and services, you warrant and represent that you are at least eighteen (18) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

USE OF THE SITE AND PROHIBITIONS

This Website allows you to track diet information, view analytics of your tracked information, online network, gain friends, express your thoughts, make some comments and discussion, and communicate with other members. You understand and agree, that you will use this Website including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. You may view, download for collection purposes only, and print pages or other contents from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. (a) you must not use our site or application, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) you should not post any messages and or contents that are inappropriate and fails to observe sense of decency and or would offend other persons; (c) you must not republish, sell, rent or sub-license any materials from this Website including republication on another similar services; (d) you must not collect and disclose information about users’ personal information; (e) you must not reproduce, duplicate, copy or otherwise exploit material or methods on our Website for a commercial purpose (f) you must not post false, inaccurate, misleading, defamatory, or libelous content; (g) you must not take any action that may damage any rating system; (h) you must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

REGISTRATION / MEMBER ACCOUNT

As a condition of becoming a member of this Website including the use of its tools and services, you are required to register with the site and be required to provide password and user name. You must complete the full registration process and shall provide the site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member Profile, Username, or Password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member Profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Website or third parties during any visit to the site shall be subject to the terms of Provider’s Privacy Policy. In addition, you may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services.

ACCESS TO WEBSITE CONTENT

Access to subscriber-only content of the Website is provided to users of the Website who register as Subscribers and who have an active Subscription. Specifically, in consideration of Subscriber’s completed automated recurring payment to Provider according to the terms of the subscription plan elected by Subscriber during their new account registration process or a subscription plan subsequently elected by Subscriber from their existing Website account (“Subscription Plan”) Subscriber will be permitted access to that content of the Website restricted to subscribers.

AUTOMATIC CREDIT / DEBIT CARD PAYMENT METHOD AGREEMENT

By accepting this Agreement AND signing up for a paid membership such as the Analytics Upgrade, Subscriber authorizes an automatic recurring payment to Provider from the Subscriber’s credit, debit, or bank card account (the “Automatic Recurring Payment Method”).

AUTOMATIC RECURRING PAYMENT FAILURE

If a payment demand on Subscriber’s Automatic Recurring Payment Method is declined, Subscriber’s Subscription will be suspended and access to Website’s subscriber-only content will be denied. In the event of such a decline, Subscriber gives Provider the authority to make corrections to any information and resubmit the demand. Provider may permanently restrict Subscriber’s ability to use a certain payment method if that payment method fails multiple times.

In the event that payment is not received and Subscriber does not pay the amount due in full, Subscriber’s subscription will be terminated and access to Website’s subscriber-only content will be denied.

CANCELLATION OF AUTOMATIC RECURRING PAYMENT METHOD

Subscriber understands that any Automatic Recurring Payment Method authorization shall remain in effect until withdrawn by Subscriber or cancelled by Provider. Refunds are not given for the balance of the current subscription period when subscriptions are cancelled. The Subscription Plan will remain in effect until Subscriber cancels subscription with third-party payment processor Stripe.com and Stripe.com has successfully processed such transaction.

This authorization will stay in effect until your Subscription Plan is paid in full.

Subscribers may perform the following steps to cancel their Subscription:

1. Visit https://www.PaleoTrail.com
2. Log-in using Subscriber’s Username and Password
3. Click on “Profile” then click on "Payment Center"
4. Click on "Cancel your paid account"
5. A confirmation message will appear. Note that you
will have access to all upgraded features until the end of the billing cycle in which you cancelled.

Subscriber will have access to Website’s subscription-only content for the remainder of the currently paid billing period. In the event that the cancellation request is not completed (and notification has not been received via the form on the Contact page) before Subscriber’s next recurring payment is processed, Subscriber’s account will be charged for the following billing period. If Subscriber fails to contact Paleo Trail using the form on the Contact page regarding any problems Subscriber may experience, Provider cannot be held responsible for charges incurred.

CHANGING AUTOMATIC RECURRING PAYMENT METHOD

Subscriber may change details of their Automatic Recurring Payment Method, for example, changing the credit card number, or change their paid subscription plan to another paid subscription plan by performing the following steps:

1. Visit https://www.PaleoTrail.com
2. Log-in using Subscriber’s Username and Password
3.
Click on “Profile” then click on "Payment Center"
4. Click on "Edit your credit card information"

5. Enter all information accurately and click "Submit Payment"
6.
A confirmation message will appear

CHANGES TO THIS PLAN

Subscriber understands that these terms and conditions may be amended or modified by Provider at any time with or without notice.

ACCESS TO AGREEMENT

To access this Agreement in the future through the Website, go to “https://www.paleotrail.com/terms-and-conditions “.

ELECTRONIC AUTHORIZATION

This Agreement is not transferable and must be submitted electronically by the person who procured the Website subscription, to activate their subscription.

LIMITATIONS OF USE

  1. Only one individual may access Website at the same time using the same Username or Password, unless Provider agrees otherwise.
  2. The content available through the Website is property of the Provider, property of Provider’s licensors, or the property of Provider’s advertisers or affiliates and is protected by copyright and other intellectual property laws.
  3. Subscriber agrees not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the Website to anyone.
  4. Subscriber agrees not to use the Website for any unlawful purpose. Provider reserves the right to terminate or restrict Subscriber’s access to the Website if, in the opinion of the Provider, Subscriber’s use of the Website may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, Provider may refuse to grant Subscriber a Username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar, unsuitable or otherwise offensive at Provider’s sole discretion.

LINKS & FRAMINGS

Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate parts within the Website provided that: (i) you do not remove or obscure any advertisements, copyright notices or other notices; (iI) the link does not state or imply any sponsorship or endorsement of your site and (iii) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.

COMMUNICATIONS AND OTHER MATERIALS POSTED BY YOU

You are responsible for the content of your communications, messages and posts, and its consequences. We reserves the right to terminate your registration if we become aware, at our sole discretion, that you are violating any of the guidelines set forth in this agreement and privacy policy. While we want to encourage an open exchange of information and ideas, we do not review postings on the Website. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, from a celebrity or from a member of our staff. By participating in this Website, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.

WARRANTY DISCLAIMER AND EXCLUSIONS

You represent and warrant that (a) all of the information provided by you to our Website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Website or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Website or the Services. It should be noted that the Website or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Website or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE INFORMATION, SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, we make no representation that the operation of our Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the Website or any part of it at any time. When you use the Website and or participate herein, you understand and agree that you participate at your own risk.

INTELLECTUAL PROPERTY RIGHTS

The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Website accessible, we don't intend to give up our rights, or anyone else's rights, to the materials and methods appearing on them. The materials and methods available on the site shall remain the property of Provider and/or its licensors. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the Website or anything retrieved or downloaded from them. You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Website, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

CONFIDENTIALITY

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and members. All information submitted by an end-user customer pursuant to a Program is proprietary information of Provider. Such customer information is confidential and may not be disclosed. Subscriber agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-ASSIGNMENT OF RIGHTS

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

WAIVER AND SEVERABILITY OF TERMS

Failure of Provider to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the substantive laws of paleotrail.com, any future domains and its online applications, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

 CHOICE OF LAW; JURISDICTION; FORUM

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Pennsylvania, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

MODIFICATION

Provider may discontinue or change the Website, or its availability to Subscriber, at any time within Provider’s sole discretion. Provider may also modify any of the terms and conditions contained in this Agreement, at any time and at Provider’s sole discretion, by either posting a change notice or a new agreement on the Website or by giving Subscriber notice by e-mail. Modifications may include, for example, changes in the scope of available service. IF ANY MODIFICATION IS UNACCEPTABLE TO SUBSCRIBER, SUBSCRIBER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Subscriber’s continued Subscription to the Website following Provider’s posting of a change notice or new agreement on the Website or by giving Subscriber other notice will constitute binding acceptance of the change.

DISCLAIMERS OF WARRANTIES

PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THE WEBSITE OR THE CONTENT AND FURTHER THAT THE WEBSITE OR CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE, OR THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE CONTENT WILL BE FREE OF ANY ERRORS, OMISSIONS, OR MISTAKES. IN ADDITION, SUBSCRIBER AGREES THAT PROVIDER PROVIDES ACCESS TO THE WEBSITE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR SUBSCRIBER’S NEEDS. PROVIDER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE SERVICES AND CONTENT OF THE WEBSITE DO NOT PROVIDE MEDICAL, DIETARY, HEALTH, OR LIFESTYLE ADVICE, AND SHOULD NOT BE USED TO MAKE ANY MEDICAL OR DIETARY DECISIONS. SUBSCRIBER SHOULD ALWAYS SEEK THE ASSISTANCE OF A MEDICAL PROFESSIONAL FOR MEDICAL, DIETARY, HEALTH, OR LIFESTYLE ADVICE.

PROVIDER MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO SUBSCRIBER AND SUBSCRIBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO AGENT OR EMPLOYEE OF PROVIDER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROVIDER, ITS SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALLY) BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE OR ITS CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF PROVIDER FOR DIRECT DAMAGES SHALL NOT EXCEED THE SUBSCRIPTION FEES SUBSCRIBER PAID FOR ACCESS TO THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN PROVIDER’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

PRIVACY

Registration data and other information about Subscriber is subject to Provider’s Privacy Policy. However, any and all data collected through Provider’s website, registration or otherwise shall belong to Provider.

 

YOU (“SUBSCRIBER”) AGREE THAT BY YOUR USE OF THE WEBSITE, YOU ACKNOWLEDGE AND YOU AGREE THAT: 1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS; 2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY; 3) IF YOU USE THE WEBSITE WITHOUT ACTUALLY READING THIS AGREEMENT, YOU DO NEVERTHELESS AGREE TO BE BOUND BY IT; AND 4) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND ARE NOT SUBJECT TO ANY CONDITION WHICH MAY PREVENT YOU FROM ENTERING INTO A CONTRACT.

 

TERM

This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by following the instructions on the “CANCEL ACCOUNT” in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.

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