By visiting nakedsoulcooking.com, you are consenting to our Terms and Conditions.
OVERVIEW
The terms “we,” “us,” and “our” refer to Naked Soul Cooking. The term “Site” refers to nakedsoulcooking.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “Service” refers to all resource pages available and membership to the Virtual Kitchen on nakedsoulcooking.com.
Use of nakedsoulcooking.com, including all materials presented herein and all online services provided by Naked Soul Cooking, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
Information provided on the Site and in the Service related to Recipes, Food Blogging, and other information are subject to change. Naked Soul Cooking makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Naked Soul Cooking disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
CHANGES IN YOUR DIET
YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER BEFORE YOU CHANGE YOUR DIET AND YOU SHOULD DISCUSS WITH HIM OR HER ANY MEDICATION YOU ARE TAKING TO MANAGE A CONDITION. Transitioning to a whole-food, plant-based diet may result, in possibly a very short time, in improvement in your condition for which you are taking medication, and your doctor may decide to adjust your medications and/or dosage. This is not because of a problem with the lifestyle. It is because your health may improve and as a result you may need a different dosage than you are taking now. It is very important that you and your doctor monitor the situation so you take only the amount of medication you need.
Naked Soul Cooking specifically disclaims all responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any product or service it offers, including any information on its website, and any change in a customer’s diet.
NUTRITIONAL INFORMATION DISCLOSURE
We occasionally offer nutritional information for recipes contained on this Site. This information is provided as a courtesy and should not be construed as a guarantee. Although we attempt to provide accurate nutritional information, these figures should be considered estimates. Varying factors such as product types and the way ingredients are processed change the effective nutritional information in any given recipe. To obtain the most accurate representation of the nutritional information in a given recipe, you should calculate the nutritional information with the actual ingredients used in your recipe.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Naked Soul Cooking will always be accurate, correct, and up to date. You also agree to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us. You must immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
By creating a Naked Soul Cooking account, you also consent to receive electronic communications from Naked Soul Cooking (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
PURCHASES: PRODUCTS; CONTINUOUS SUBSCRIPTIONS; CANCELLATION POLICY; BILLING
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
ACCESS TO PREVIOUS PURCHASES
As an accommodation to you, you may download digital purchases from your Virtual Kitchen onto any electronic device. A download that you previously acquired may not be available for subsequent download or access at any given time, and Naked Soul Cooking shall have no liability to you in such event. In the event that you cannot access previously downloaded purchases, once you download an item, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
Naked Soul Cooking reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.
VIRTUAL KITCHEN MEMBERSHIP
Naked Soul Cooking’s Virtual Kitchen offers different membership plans for access to meal plans, recipes, digital products, and video tutorials (each, a “Virtual Kitchen Membership”). Note that the Virtual Kitchen Membership provides resources for meal plans and recipes only; it does NOT deliver or provide ingredients.
Free Trial. Naked Soul Cooking may, at its sole discretion, offer a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, Naked Soul Cooking will not charge you until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Membership, you will be automatically charged the applicable fees for the type of Membership you have selected.
At any time and without notice, Naked Soul Cooking reserves the right to modify the terms and conditions of the Free Trial offer, or cancel such Free Trial offer.
PAYMENT AND BILLING
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your membership or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Naked Soul Cooking account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Virtual Kitchen Membership or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
PRICING AND AVAILABILITY
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, will be charged in addition to the prices shown on the Site. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your purchase or membership, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes.
We may, at any time, revise or change the pricing, availability, and specifications, content, descriptions or features of any Products or Services offered or sold through the Site. We will make efforts to notify you of any price change at least two (2) weeks before taking effect.
Taxes. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
No Resale. You are not permitted to resell or otherwise use the service for commercial purposes.
RETURNS AND REFUNDS
If you are dissatisfied with the Service for whatever reason you may request a refund within thirty (30) days of the purchase date you started. Contact support@nakedsoulcooking.com.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Naked Soul Cooking, including trademarks, copyrights, proprietary information, and other intellectual property; they are protected by U.S. and state trademark laws as well as U.S. and international copyright laws.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
LICENSE TO ACCESS AND USE OUR SITES AND CONTENT
You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Naked Soul Cooking or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You are granted a limited, nonexclusive, non-transferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Naked Soul Cooking or any of our Products or Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Naked Soul Cooking’s logo or other proprietary graphics to link to the Site without our express written permission.
COPYRIGHT COMPLAINTS
If you believe that anything on the Site infringes any trademark and/or copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: Corporate Counsel
Address: P.O. Box 88, New York, NY 1004
Email: legal@nakedsoulcooking.com
Your notification should contain the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid.
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
You may submit questions, comments, suggestions, ideas, original or creative materials or other information to Naked Soul Cooking. We claim no intellectual property rights over the material you supply to Naked Soul Cooking. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Naked Soul Cooking remains yours to the extent that you have any legal claims therein. You agree to hold Naked Soul Cooking harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
By uploading, posting or submitting content to our pages or feeds on third party social media platforms (e.g., Facebook page, Instagram page), you hereby grant Naked Soul a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting content to Naked Soul Cooking through the Site or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the content or you otherwise have all necessary rights to post such User Content, the content is accurate and not misleading or harmful in any manner, and (c) the content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Naked Soul Cooking. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, NAKED SOUL COOKING 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 NAKED SOUL COOKING 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 NAKED SOUL COOKING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM NAKED SOUL COOKING, AND IF NO PURCHASE HAS BEEN MADE BY YOU NAKED SOUL COOKING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, 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
These Terms, your access to and use of the Site and your order, receipt and use of the Product(s) and/or Service shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York County, New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR International Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a mediator, arbitrator, or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Naked Soul Cooking pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Naked Soul Cooking shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Naked Soul Cooking.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Naked Soul Cooking
P.O. Box 88
New York, NY 10044
OR support@nakedsoulcooking.com
Updated: January 21, 2019