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Terms & Conditions

These Terms of Use (“Terms of Use”) govern your use of the website eatrealamerica.com (“Website”). In these Terms of Use, Eat Real America, LLC is referred to as the “Company,” “us,” or “we.” These terms and conditions apply to the services available from and related to the domain and sub-domains of the Website (together with the Website, the “Services”).

By using the Website and the Services you will be bound by these Terms of Use and the Company’s privacy policy. If you do not agree to these Terms of Use and/or the Privacy Policy you must not use the Website. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change any modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions as modified.

1. Your Use of the Website

  1. You must not use the Website for anything that is unlawful or is prohibited by these Terms of Use and/or any notices elsewhere on the Website.
  2. Each membership is to be used by one household only. User name and/or password sharing is not permitted with other households.
  3. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
  4. When using the Website, you must not do any of the following: a. defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others; b. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information; c. upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; d. impersonate any person or entity, including without limitation any employee or representative of Company; or e. in any way attempt to obtain the source code of the Services.
  5. If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
  6. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms of Use, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

2. Registration

  1. You will need to register to become a member of the Website if you wish to access the Services via the Website, and continued membership is subject to the Company’s subscription charges set out elsewhere on the Website.
  2. Registration requires a valid user name and unique password. You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to Company as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issue new ones to you.
  3. The Company may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to the Website or the Services.
  4. The Company reserves the right to cancel your user name and / or password without notice if the Company becomes aware of any breach of these Terms of Use by you.

3. Charges, Payment and Termination

  1. You will be charged in advance of your payment period until your membership is cancelled. Details of charges are shown within the sign-up process.
  2. The Company may terminate or suspend with immediate effect and without notice your access to and use of the Website and your membership if it: a. does not receive timely payment under your subscription; b. reasonably believes that you have breached any of these Terms of Use; c. is unable to verify the accuracy or validity of any information provided by you; or d. suspects fraudulent, abusive or illegal activity by you.
  3. Should you object to any of these Terms of Use, or any subsequent changes to them, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue to access or use the Website.
  4. You may cancel your membership at any time. Cancellation will take effect from the next payment period and you will not be entitled to a refund for any membership fee already paid.

4. Dealings with Third Parties

  1. The Company is not an agent of any third party or any party named or linked to the Website (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not control and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
  2. You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party.

5. Intellectual Property

  1. You acknowledge and agree that all Content provided on the Website or through the Services, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights without the express prior written consent of the Company and/or the respective owners.

6. Warranty Disclaimer and Limitation of Liability

  1. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via 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 Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT, WEBSITES AND ANY SOFTWARE 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, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  2. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE THREE-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

7. General

  1. The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of the Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure).
  2. The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Company to be contrary to these Terms of Use. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
  3. If the Company fails to exercise or enforce a right under the Terms of Use that failure shall not constitute a waiver of such right or provision.
  4. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
  5. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to the conflict of laws provisions thereof.
  6. These Terms of Use set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms of Use and supersedes all representations, communications and prior agreements (written or oral).