PLATE TWO FULL TERMS & CONDITIONS
TERMS AND CONDITIONS
BY VISITING PLATETWOFULL.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using PlateTwoFull.com, referred to as this "Site", all visitors, referred to as "user", "you" and "your" are bound by these Terms and Conditions. The terms "we", "us", and "our" refer to Plate Two Full LLC ("Company"). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of Nutrition Counseling and Prenatal Meal Planning (the "Service") is subject to change. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
INTELLECTUAL PROPERTYThe Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INLUCDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY 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 COMPANY 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 COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys' fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Kansas, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Manhattan, Ks and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties' successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.
No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
Dude, business is risky. And while I love using my experiences, and the experiences of countless other entrepreneurs I know, have worked with and have drank endless rounds of craft beers with, business is still risky. So my advice doesn’t come with any guarantees. You get that, right? Cool. Oh, and if you need professional help, consider hiring a business consultant. Preferably one with a suit and briefcase.
ADVICE: CAREER, PARENTING, AND ANYTHING
Thanks for visiting! My blog is a resource guide for educational and informational purposes. (And sometimes venting about inappropriate topics such as wine smuggling and/or individuals who wear Vibram Five Fingers to dinner parties. You know--the usual.) To write my articles, I use my experiences, the experiences of others and various other resources including but not limited to the wild wild web, the Encyclopedia Britannica (what? you didn’t buy the extended library collection of 1989?) and/or The Bible. (Kidding. But maybe not.) That said, my advice doesn’t come with any guarantees. By visiting this site, you’re essentially signing a contract that says that you understand that I make no guarantees, and you won’t try to sue me or report me to the Obama administration. Because that? Would be awkward.
Of course, this is based on me taking a quick look, sans magnifying glass, as a favor--and not the usual review and analysis of all documents and factors that I would consider when working with you as a traditional paid client. (You also miss out on my witty emails and me showering you with compliments.) That said, my advice and opinion is taken into account at your own risk, but for a proper analysis, hire a lawyer/doctor/other licensed professional--preferably one with a fancy certificate on their wall. Because who doesn’t like a fancy certificate?
PROFESSIONAL GIVING ADVICE OVER THE PHONE/INTERNET
Technology is great, and so are phones/Skype/video chats. However, they can also be a little, say, limiting. Without consulting with you in person, the dynamics change a little bit, and I can’t conduct the extensive analysis that I would in an inperson setting. (Or buy you coffee at Starbucks.) Therefore,
our conversation should not be considered a substitute for an in-person evaluation by a Nutritionist or Registered Dietitian. The upside? You don’t have to wear any pants. Not a bonus to be taken lightly, of course.
I’m an expert at what I do. I’ve got the street cred. The experience. The skills. And the qualifications. However, we should probably give a group nod to the fact that I am not a licensed psychologist or health care professional, and my services don’t replace the care of psychologists or other healthcare professionals. (Though I do own a pretty impressive brown leather couch, thankyouverymuch.) With that comes the standard eye-glaze inducing disclaimer that, no, I cannot actually guarantee the outcome of our coaching efforts and/or recommendations on my website/blog/email series, and my comments about the outcome are expressions of (my very personal) opinion only. I can guarantee you this, however: I will do my best to coach you, and I’ll do everything in my power to help.
AFFILIATE LINKS DISCLAIMER
Guess what? If you click on a link that I’ve provided, it might be a link to someone who will give me a commission if you buy something from their site. That means that I might get paid if you click on that link. And the reason why I’m telling you this is because I want to be upfront with you, and because it’s illegal not to. (So, you know, right side of the law and all.) That said, I promise to use any affiliate commissions earned for good causes: Things like reinvesting in this business to bring you even better resources, and quite possibly at least one Sunday trip to the zoo. Because...zoos.
We love our products, and we hope you do, too. That said, sometimes we might slip up, and sometimes, errors happen. Things like pricing or merchandise descriptions get mixed up, and then we look bad. While that stinks, what’s most important to us is that you’re happy. So while we can’t guarantee that all information on the site is always 100% accurate at any given time, if you do notice a mistake? Please don’t hesitate to contact us and let us know. Since we can’t guarantee the products for your particular circumstances or purposes, nor the file size, taste of recipes, or appointment availability, we can guarantee that we’ll give you the best customer service we can to remedy the situation.
Our products and services are non-refundable. Should you miss an appointment for the nutrition counseling more than once, you forfeit the amount of purchase of the nutrition counseling appointment.
If you wish to cancel a subscription/recurring order, you will not be billed for the subscription starting on the next cycle.
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.
Updated: February 19,2015