Terms of Use | 101 Before One

TERMS & CONDITIONS OF USE

By using www.101beforeone.com (“Website”) or any 101 Before One LLC publication, product, or service, including all text, graphics, images, materials, opinions, suggestions, ideas, concepts, designs, data, software, sound files, information, marks, and copyrights, whether registered or unregistered, (“Publications”), You expressly agree to all of the following terms and conditions (“Terms & Conditions).

By using the Website, you affirm that (i) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) OR you have reviewed these Terms with your parent or guardian and he or she has agreed to these Terms on your behalf and takes full responsibility for your compliance with these Terms (except that children under 13 years old are not allowed to use this Site), (ii) you are a legal resident of a country where your access to and use of the Site are permitted. you represent that you are fully able and competent to enter into these Terms and to agree to abide by and comply with these Terms, (iii) that you have read and agree to these terms and the terms of our Privacy Policy, and (iv) that the foregoing was true at all times during your use of the Site, even if your use began prior to the effective date of these Terms.

If You do not agree to all of these terms, then do not continue to access the Website or Publications.

101 reserves the right to modify these Terms at any time by posting a notice of such modifications in the relevant section of the Site, or by posting a notice in any other conspicuous manner that 101 deems sufficient. your continued use of the Site will signify your acceptance of the changes to these Terms. Each time you access the site, such use will constitute acceptance of these terms, including any amendments or updates that 101may have made from time to time.

LIMITED USE & INTELLECTUAL PROPERTY RIGHTS RESERVED

The content of 101 Before One LLC’s Website and all Publications, an all Intellectual Property Rights in such content, the Website, an all Publications, are the exclusive property of 101 Before One LLC (“101”), unless otherwise specified. As used in these terms, (1) “Intellectual Property Rights” means all rights granted, applied for, or otherwise, whether now in existence or later acquired, related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws and all similar equivalent rights or forms of protection, in any part of the world. 101 retains all right, title, and interest in, or to (including any license under), any Intellectual Property Rights arising from, or relating to, the Website content, Publications, and 101’s business generally, including all enhancements, modifications, updates, and derivative works. No provision of these Terms & Csonditions shall be construed as: (1) granting You, by implication, estoppel, or otherwise, any license (except the limited license specificallystated above) or right to use any Website content or Publication for the financial gain of Yourself or any third party, except with prior written approval and agreement by 101; or (2) releasing, relinquishing, or waiving any of 101’s Intellectual Property Rights; and (2) “Content” means the Website, any information provided and hosted on the Website including on its recipe list, blog, discussion boards, or newsletter, and all new versions, updates, revisions, improvements, and modifications of the foregoing, to which 101 provides remote access and use. 101 reserves the right, in its sole and absolute discretion, to make any changes to the Content that it deems appropriate, necessary, or useful..You may use, and 101 grants you a limited, revocable, non-exclusive, license to use the Website and Publications, only for the limited purpose, and in the context, for which it was provided to You. The term of this license is effective on Your initial use of the Website and contemporaneous acceptance of the terms, and remains in effect until terminated. You may not, and in no way does this Agreement confer any right in you to license, sublicense, sell, or otherwise authorize the use of the Content, whether in executable form, source code or otherwise, to or by any third parties.

This limited, revocable, and nonexclusive license authorizes You to: (1) purchase access to a single print and/or electronic copy (or copies, if applicable by purchase order indicating purchase of additional copies) of the Website content or Publication(s); (2) use it for strictly for personal and noncommercial purposes in accordance with these Terms & Conditions, and not any revenue generating purpose or purpose not intended by these terms; (3) direct third parties to use the Website for their own use, but You may not distribute or provide any third party with access to the Website or Publications nor make the Website content or Publications available on a network where the content could be downloaded, accessed, or used by others; and (4) create a hyperlink, hashtag, or social media post crediting 101 for its Website content and Publications, so long as You do not portray 101 in a false, misleading, derogatory, or defamatory manner, or otherwise paint 101 in a negative light, and the hyperlink, hashtag, or social media post does not contain abusive, offensive, objectionable, or otherwise inappropriate content and is not a violation of the rights of 101 or any third party.

The limited license granted to You by 101 is not assignable nor sublicensable, and may be revoked at any time and for any reason by 101. As such, You expressly agree You will not resell, republish, reproduce, distribute, translate, transfer, upload, post, display, rent, lease, sublicense, loan, lend, assign, transfer, modify, translate, adapt, edit, improve, enhance, or create derivative works, or copy (including photocopying, recording, and all other electronic and mechanical methods) any Website content or Publication under any circumstances, except with express prior written approval by 101. You additionally agree, You will not use any data mining or similar data gathering and/or downloading extraction methods (other than page caching) of any portion of the Website content and Publications, except as expressly permitted by these Terms & Conditions. Special rules regarding use of certain software and other accessibility programs with regard to the Website content and Publications may be included in other areas of the Website and are incorporated into these Terms & Conditions by reference. Any attempted or actual violation of any term or condition is prohibited and effectively terminates, at the time of such violation, the limited license provided to You. 101 may terminate or limit access by subscribers or account holders who, in 101’s sole determination, infringe upon 101’s or any third party’s rights or violate any term or condition of these Terms & Conditions of Use or any other terms or conditions provided by 101. 101 may, directly or indirectly, and by any lawful means, suspend, terminate or otherwise deny your access to or use of all or any part of the Content, the Website, or the Publication, in its sole discretion, for your violation of the terms of this Agreement or otherwise, including but not limited to violation of any other rules or requirements for continued use of the Content provided to you by 101.

You may not to use any Content, the Website, or the Publicatinos for any revenue generating endeavor or commercial enterprise including but not limited to, using the Content to create a website, product, service, or application that is directly or indirectly competitive with or in any way a substitute for any website, product, service, or application offered by 101.

101 may provide links to third party sites and content, including PayPal, and social media sites such as Facebook, Twitter, Instagram, and YouTube, for Your convenience, or marketing purposes. You understand 101 does not monitor or control any third-party site or content, and 101 makes no representation, warranty, guarantee, affiliation, or endorsement regarding the quality, content, nature, reliability, or rights of any such third-party site or content. You understand, by leaving our Website, additional terms and conditions may apply with respect to the third-party site, products, and content. Any dealings between You and a third party are solely between You and that third party, and thus 101 is not liable for any loss, damages, injuries, liabilities, penalties, expenses, or any other costs incurred by You based upon, relating to, or arising as a result of Your relationship with such third party, its site, content, and/or products, and 101 will not be a party to any proceeding, under any circumstances.

Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: (1) All rights, licenses, consents and authorizations granted by 101 to you hereunder will immediately terminate; (2) You shall cease all use of Content; (3) 101 may disable and deactivate any accounts you set up on the Content, and may otherwise prevent You from further accessing the Content; (4) Notwithstanding anything to the contrary in this Agreement, unless otherwise prohibited by law, with respect to information and materials then in its possession or control: 101 may retain Your Data, which Your Data is deleted in 101’s ordinary course of business; (5) You will not be refunded any fees paid in connection with the Content.

ACCESS

101 will use commercially reasonable efforts to provide You with consistent access to the Website by hosting, managing, operating, and maintaining the Website for remote access and use by You, including employing any security measures in accordance with applicable industry standards, and excluding: (1) scheduled downtime; (2) maintenance downtime or degradation due to force majeure event(s); (3) suspension or termination of Your access to or use of the Website in accordance with these Terms & Conditions; and (4) any other circumstances beyond 101’s reasonable control.

101 does not guarantee availability of any 101 Website content or Publications. Accordingly, You agree to hold 101 harmless for any unavailability, downtime, etc. of the Website, the Website content, and Publications.

PURCHASES

You represent and warrant to 101, its subsidiaries, parent companies, affiliates, licensors, suppliers, and assigns, You: (1) will pay 101 the full retail price plus any applicable taxes in U.S. dollars as consideration for any retail purchas(es) of Publication(s), products, and Website content (if applicable), via PayPal, a third-party payment processor, or as otherwise directed by 101; (2) any information (including payment profile information, contact information, and necessary authorizations) associated with Your PayPal account and the purchase is complete, current, and accurate; (3) may incur and will pay any separate fees, expenses, charges and other obligations associated with third-party terms and conditions, including the third-party payment processor services above-listed, and internet or other service providers necessary to view and/or use the Publications, products, and Website content; and (4) will authorize Your credit company, bank, or other payment organization to dispense the payment in full at the time of the purchase. 101 may, but is not required to, accommodate any change in Your shipping address, and is not liable for any overage fees, fees associated with insufficient funds, or other payment penalties resulting from the purchase. You understand 101 may retain any information related to purchases in accordance with its privacy policy.

You may contact 101 via email at info@beforeone.com with any questions or concerns. 101 reserves the right, in its sole discretion, to determine whether or not to replace any items lost in shipping, and will address customer services inquiries on a case base case basis. No refunds or returns will be accepted.

101 may limit the sale of its Publications, in its sole discretion, and may change (at any time and for any reason) the descriptions, pricing, and shipping costs for Publications, including discontinuing any Publication, acceptance or denial of any promotion, and/or changes to any offer to sell.

INTERACTIVE SERVICES & YOUR DEVICES

You agree not to violate or attempt to violate the security of the Website, and specifically agree You will not: (1) access data not available to Your user account and server; (2) reverse engineer, scan, test, disassemble, decompile, decode, decrypt, or probe the Publications and the Website and its system, network, and servers, in breach of security or authentication measures; (3) interfere with service to any customer or user of 101, whether by submitting a virus to the Website, overloading, flooding, spamming, mailbombing, crashing, or otherwise; (4) send unsolicited messages, promotions, or advertisements to 101 or its customers or users; (5) forge any transmission control protocol or intellectual property packet headers, information, emails, newsgroups or social networking post; (6) store, create, distribute, post, transmit, or otherwise publish content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of the privacy or violates the rights of 101 or any third party, or is abusive, inflammatory, fraudulent, or otherwise inappropriate, encourages or incites violence or insurrection, is confidential or protected or proprietary information, any content which violates any local, state, or federal law, or which misrepresents Your affiliation with any third party; (7) damage, destroy, disrupt, impair, interfere with or otherwise impede 101’s Website content and Publications or 101’s provision of services to any third party; or (8) attempt any of the above-listed actions.

You agree that you will, at all times: (a) set up, maintain and operate in good repair all your Devices or systems on or through which the Content is accessed or used; (b) provide all cooperation and assistance as 101 may reasonably request to enable 101 to exercise its rights and perform its obligations under this Agreement. You further agree that you have and will retain sole responsibility for: (a) all Your Data, including its content and use; (c) your Devices; (d) the security and use of your Devices; (e) access to and use of the Content and 101 Materials directly or indirectly by or through your Devices, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use; and (f) any and all other aspects of the operation, maintenance, and management of, and all access to and use of, your Devices, and all access to and use of the Content and 101 Materials by any Person by or through your Devices or any other means controlled by you.

By submitting, storing, creating, distributing, posting, transmitting, or otherwise publishing any content on 101’s Website, You grant to 101, its parent, subsidiaries, licensors, affiliates, and assigns, an irrevocable, royalty-free, perpetual and nonexclusive license to use, store, analyze, transmit, reproduce, modify, alter, adapt, publish, translate, create derivatives works from, distribute, display, and otherwise control such content in any manner or media relating to the Website or Publications, without any compensation owed to You. Additionally, You warrant to 101, any such submission, distribution, post, transmission or publication is not in violation of any provision of these Terms & Conditions or any other terms and conditions, intellectual property rights, legal agreements, etc. (including any required authorizations). 101 will control and may protect any data submitted by You to 101 in accordance with the privacy policy located on the Website.

101 reserves the right to remove, delete, negate, or otherwise object to any content You store, create, distribute, post, transmit, or otherwise publish on the Website. In addition to the above-listed restrictions You will not post any content promoting health claims, benefits, or advantages to using any particular type or brand of products, or content which inhibits any other customer of 101 from use and enjoyment of the Website.

You accept and retain sole responsibility for maintaining all of Your data, its content and use, and Your devices (including maintenance, security, and use of them), to prevent any third-party access or use of the Website, and/or Publications, with or without Your knowledge or consent, and You expressly accept responsibility for any results, conclusions, decisions, and actions of any third-party based on such access or use.

101 will employ security measures in accordance with applicable industry practice.

DISCLAIMER & INDEMNIFICATION

RECIPE RESULTS MAY VARY. BEFORE PREPARING ANY FOOD OR USING AND PRODUCTS YOU SHOULD ENSURE ALL INGREDIENTS ARE SAFE AND APPROPRIATE FOR YOUR USE AND CONSUMPTION, AND ALL APPLIANCES AND UTENSILS ARE SAFE FOR USE. DO NOT USE ANY UTENSIL OR APPLIANCE EXCEPT AS EXPRESSLY INTENDED AND IN ACCORDANCE WITH THE TERMS AND SAFETY PROVISIONS PROVIDED BY ITS MANUFACTURER.

UNLESS SPECIFICALLY STATED OTHERWISE, NONE OF THE WEBSITE CONTENT OR PUBLICATIONS HAVE BEEN EVALUATED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION.

101 IS NOT A MEDICAL PROVIDER, ANY INFORMATION PROVIDED BY 101, INCLUDING 101’S WEBSITE CONTENT AND PUBLICATIONS, DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSES, TREATMENT RECOMMENDATIONS, ENDORSEMENTS OF THE INFORMATION, OR ANY EXAMINATION, TEST, PHYSICIAN APPROVAL, OR SUGGESTION OR OPINION REGARDING ANY PRODUCT OR PROCEDURE.

YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED BY 101 AS A SUBSTITUTE FOR ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROVIDER PRIOR TO ALTERING, SUPPLEMENTING, OR CHANGING YOUR DIET OR YOUR CHILD’S DIET, AND ACTING (OR OMITTING ACTION) IN RELIANCE ON INFORMATION PROVIDED BY 101, INCLUDING RISKS ASSOCIATED WITH USE OF A SOLID FOOD DIETARY PROGRAM, ALLERGIES, AND OTHER INJURIES OR CONSEQUENCES WHICH MAY ARISE OR RESULT FROM RELIANCE ON SUCH INFORMATION; ESPECIALLY IF YOU ARE PREGNANT, NURSING, HAVE A MEDICAL CONDITION, TAKE MEDICATION OR ARE UNDERGOING TREATMENT.

101’S WEBSITE AND PUBLICATIONS ARE INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. ALL ACTION OR INACTION YOU TAKE IN RELIANCE ON ANY INFORMATION PROVIDED BY 101 IS AT YOUR OWN RISK AND 101 IS NOT LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, DAMAGES, OR CLAIMS OF ANY KIND, WHATSOEVER, UP TO AND INCLUDING DEATH.

IF YOU BELIEVE YOU OR SOMEONE YOU CARE FOR IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY AND CONSULT A DOCTOR.

Except as otherwise specified in a writing signed by 101, the Website content and Publications are provided on an “as is”, “as available” and “with all faults” basis, without warranties of any kind, either express or implied. 101, its parent, suppliers, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, agents and representatives make no guarantees or warranties (whether statutory, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, warranties arising from course of dealing, usage, or trade practice, and non-infringement of information) regarding: (1) the accuracy, quality, functionality, availability, accessibility, reliability, performance, and timeliness of Website content and Publications, or third-party sites, hyperlinks and content; (2) the use of the Website, its server(s), or any third-party site or server(s) as safe or free from malware, viruses, and other hardware and software damaging causes; (3) any information or content posted or hosted on the Website, for any purpose; (4) satisfaction of any local, state, or federal law, regulations, orders, or directives for software compliance, or required disclosures of information on prescription drugs, food products, supplements, vitamins, or any other packaging descriptions and required disclosures; and (5) whether any products, Publications, or Website content will meet Your or any third party’s requirements, operate without interruption, achieve any of Your intended results, be compatible with any application, systems or other services.

You represent and warrant to 101, You are duly authorized and empowered to accept (whether on behalf of Yourself or any organization, entity or enterprise other than on behalf of Yourself, including work as an independent contractor or employee), and You do accept without fraud, duress, or undue influence, these Terms & Conditions. Additionally, You and any applicable associated third-party organization, entity or enterprise, jointly and severally, indemnify, defend, and hold 101, its parent, and subsidiaries harmless from and against any and all claims, liabilities, suits, injuries, losses, damages, penalties, expenses, and all other costs and actions or proceedings brought against 101, based upon (or arising as a result of) a violation of these Terms & Conditions. Any waiver by 101 of any right or remedy under these Terms & Conditions is not a waiver of any other right or remedy of the same kind, or subsequent right or remedy.

You agree to indemnify and hold harmless 101 from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any claims that (i) your use or access of the Content infringes or otherwise violates any rights of any such third party, (ii) your use or access of the Content in contravention of this Agreement, including but not limited to the prohibitions in Section 3, (iii) your provision of, or 101’s use of Your Data has caused damage to, infringed the rights of, or caused the dissemination or unauthorized access of the data of, any third party, and/or (iv) your provision of, or 101’s use of Your Data caused damage to a third party including but not limited to as a result of Harmful Code, whether negligent or intentional.

101 reserves the right, in its sole discretion, to change, modify, or amend these Terms & Conditions, including any policy, guideline, or directive, at any time and for any reason (and with or without notice). Any change, modification, or amendment by 101 is effective immediately upon adoption by 101. You expressly waive notice of any such change, modification, or amendment and Your continued use of the Website or Publication(s) thereafter is acceptance of such change, modification, and amendment.

LIMITATION ON LIABILITY

In no event shall 101, 101’s parent, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, licensors, licensees, assignees, agents, or representatives be liable for any direct, special, indirect, incidental, punitive, or consequential damages, including physical injury or loss, death, wrongful death, loss of profits, loss of data, loss of records, property damage, products liability, strict liability, whether brought in tort or contract, arising out of or relating to: (1) the Website content and Publications; (2) any third party content or site; (3) use of, or inability to use, 101’s Website; and (4) use of, or inability to use, any third party’s Website.

LAW AND VENUE

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its principles of conflicts of laws. If a dispute arises, You will notify and allow 101 to resolve any dispute before initiating the arbitration process. If, and only if, 101 does not resolve the dispute within 60 days from the date Your notice is received, then You may initiate the arbitration process. You hereby irrevocably and unconditionally consent and agree to submit any dispute with 101, its parent, and subsidiaries to binding arbitration under the rules of the American Arbitration Association (“AAA”), before a single arbitrator, governed by the AAA’s Commercial Arbitration Rules, in the County of Cuyahoga, State of Ohio, or any other county which 101 reasonably chooses at the time of the dispute, rather than in court of any other proceeding and expressly waive any right to jury or bench trial or any other court or legal proceeding. The parties shall share equally the cost of arbitration, including any filing fees and arbitration fees. Unless otherwise ordered by the arbitrator, each party shall be responsible for all other respective fees and costs, including but not limited to fees for attorneys or expert witnesses. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. However, 101 may seek immediate injunctive relief in a court of law, in addition to any other remedy provided for by these Terms & Conditions or under applicable law, if You violate any of term or condition (wholly or in part). Any claim or lawsuit arising out of these Terms & Conditions must be filed no more than six (6) months after the due date of the occurrence that is the subject of the claim or lawsuit, or within the applicable statute of limitations, whichever expires first, and YOU EXPRESSLY WAIVE ANY OTHER STATUTE OF LIMITATIONS PERIOD OF LONGER THAN SIX (6) MONTHS.

You agree that your sole and exclusive remedy for any dispute with 101 is to stop your use of or access of the Content. Under no circumstances shall 101 or its owner(s), employees, or agents be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use or inability to access or use the Content or 101 Materials. Such prohibited damages include, but are not limited to, lost profits, data loss, business damage, or damages that are not reasonably foreseeable. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other specific types of damages. To the extent you reside in any such jurisdictions, this paragraph will not apply to you.

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING against 101 and/or its related parties or entities for any and all claims related to 101’s Website, Publications, these Terms & Conditions, or otherwise including or related to 101. The provisions of this paragraph survive the termination of Your use of the Website, products, and Publications.

SEVERABILITY

If any provision (wholly or in part) of these Terms & Conditions is determined to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms & Conditions (wholly or in part) shall be subject to partial enforcement. If no such interpretation is possible, then the unenforceable provision shall be deemed struck and the remainder of these Terms & Conditions shall remain valid and enforceable.

MISCELLANEOUS PROVISIONS

Individuals may experience seizures, headaches, blackouts, dizziness, altered vision, eye or muscle twitches, loss of awareness or vision, confusion, disorientation, involuntary movement, convulsions, or other symptoms when exposed to certain visual images, including patterns or flashing lights. If You experience any symptoms, discontinue use of the Website and/or Publications and consult a qualified healthcare provider.

Headings used in these Terms & Conditions are for reference only and do not affect the interpretation or enforcement of any term or condition.

These Terms & Conditions will inure to the benefit of 101, its parents, subsidiaries, and successors in interest, including successors through merger, consolidation, or sale of substantially all of 101’s ownership or assets.

101 may receive commission from products and services sold on affiliated websites. For a list of 101 affiliations and conditions, please contact 101 at info@beforeone.com.

These Terms & Conditions survive termination of Your use of the Website and/or Publications.