Thanks for taking the time to read this much-less-interesting and totally-non-food-related information. It may not be tasty, but it is important. This website and its related content is here to educate and inform. I am not a nutritionist or a doctor. I can’t go with you while you forage and I can’t come cook with you in your kitchen, much as I might like to.
The ultimate responsibility for anything you forage or cook is yours. By continuing to use and read the information here, you acknowledge that you accept that responsibility and that the risk is entirely your own. If you need nutritional information, have questions about food allergies, or wonder about food safety, please contact a nutritionist, allergist, or professional chef. Agreed? Great! Now for the legalese:
1. ACCEPTANCE OF TERMS
2. AGE RESTRICTION
You must be at least 18 years old in order to access or use the Site in any manner. Backyard Forager prohibits registration by any individual under the age of 18 years old. Backyard Forager is not directed to children under the age of 13 and will not knowingly collect personally identifiable information from anyone under 13. If you are a parent or guardian and believe that a child under the age of 13 has used, accessed, or provided personally identifiable information to the Site, please contact firstname.lastname@example.org.
3. USE OF SITE
Subject to the terms and conditions of this Agreement, you are permitted to access and use this Site by displaying it on your Internet browser for your own information and for the purpose of shopping for items for personal use on our online store. You may not use this Site for any commercial use or on behalf of any third party, and you agree not to copy, display, publish, distribute, broadcast, or distribute any portion of the Site.
While we do our best to make your experience with the Site and our Services a pleasurable one, we cannot always foresee or anticipate difficulties, technical or otherwise. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that Backyard Forager services are provided “AS IS.” Backyard Forager and any third-party service providers cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings. We reserve the right to change or discontinue, temporarily or permanently, the Site or the Service at any time without notice. You agree that Backyard Forager will not be liable to you or any third party for any modification, interruption, or discontinuation of the Service.
It is our intention, however, to make all videos and related items listed as having “lifetime access” to be available for viewing 24/7 unless such Services are retired, or the Site has to be closed permanently. It is also our intention that should such changes be necessary, Backyard Forager will endeavor to reach all enrolled students by email to advise them of such changes, allowing adequate time for the completion of course work.
4. BACKYARD FORAGER ACCOUNT
By using the Site and/or Services, or creating an account with Backyard Forager (an “Account”), you agree to provide true and correct information to the best of your ability whenever prompted by the Service to provide information or when otherwise requested by us. You further agree that you will not knowingly omit or misrepresent any material facts or information and that you will revise any incorrect or outdated information by updating your Account information or otherwise providing notice to Backyard Forager.
You agree that your Account will be for your exclusive personal use and that you will not allow any other person to use your Account under any circumstances. You understand that it is your sole responsibility to maintain the confidentiality of your Account ID and password and that Backyard Forager will not be responsible for any damage, loss, or liability incurred as a result of your failure to do so. You also understand that you are solely responsible for any activity occurring on your Account, including any charges made to your Account. You agree to immediately notify Backyard Forager if there has been any unauthorized activity on your Account or if you suspect that there has been a breach of security of your Account.
You represent and warrant that you will not use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, obscene, and/or illegal, and/or infringes the copyrights (right of an owner of written material) or other intellectual property of others.
5. PURCHASE OF PRODUCTS
Backyard Forager offers certain products for sale on the Site (“Products”). All prices displayed on the Site are quoted in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on Products and services offered on the Site without incurring any obligations.
In order to purchase our Products, you will be required to enter a valid credit card. By providing a credit card associated with an Account, you are hereby authorizing the Company to charge your credit card for all costs associated with your purchase.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the Account, the same credit card, and orders that use the same billing or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting you through the email, phone number, or address provided at the time of purchase.
You understand and agree that you are prohibited from reselling or redistributing any Backyard Forager products in any manner. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. REFUND POLICY
The refund policy for each product is clearly noted on the sales page for that product.
7. INTELLECTUAL PROPERTY
All information, products, services, graphics, icons, images, articles, software, and other materials, and the display, design, arrangement, and assembly of those materials (collectively “Content”) appearing on the Site are the exclusive property of Backyard Forager and/or its affiliates. The Content is protected by U. S. and international copyright laws. The publication, sale, or redistribution in any form or medium of the Content is strictly prohibited without prior written permission of Backyard Forager. Content that is publicly available on the Site may not be stored in a computer, except for personal and non-commercial use.
All trademarks, logos, trade dress, and service marks (collectively “Trademarks”) displayed on the Site are the exclusive property of Backyard Forager. The use of our Trademarks without express written authorization is strictly prohibited. You may not use, display, or publish our Trademarks for commercial purposes, in any way that would cause confusion among consumers, or in any manner that would disparage, discredit, or otherwise harm the reputation of Backyard Forager.
9. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPLICITLY STATED IN THE TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THE SITE, THE PRODUCTS OFFERED FOR SALE AND THE TRANSACTIONS CONDUCTED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS. BACKYARD FORAGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD ON THIS SITE, EXCEPT AS EXPRESSLY STATED OTHERWISE. BACKYARD FORAGER HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION ON THE SITE. THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BACKYARD FORAGER ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS ON THE SITE. BACKYARD FORAGER CANNOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, OR USED BY OTHERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BACKYARD FORAGER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE COMPANY’S SERVICE.
10. LINKS TO THIRD PARTY WEBSITES
This Site might contain links to third-party websites which are not under the control of Backyard Forager. Backyard Forager is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Backyard Forager is providing these links to you only as a convenience, and the inclusion of any link does not imply that Backyard Forager endorses or accepts any responsibility for the content on such third-party site.
11. RELEASE AND INDEMNIFICATION BY USERS
You agree to forever release, indemnify, defend, and hold harmless Backyard Forager, its directors, affiliates, officers, subsidiaries, employees, agents, licensors, attorneys, independent contractors, and providers from and against any and all claim, loss, expense, or demand of liability, including attorneys’ fees and costs, arising out of your use or inability to use the Services. Backyard Forager reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree not to settle any claim or matter without the written consent of the Company.
Please read this carefully. It affects your rights. Backyard Forager and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Backyard Forager and you.
A party who intends to seek arbitration must first send written notice to Backyard Forager of its intent to arbitrate (“Notice”). The Notice to Backyard Forager should be sent by any of the following means: (A) electronic message by sending an email to email@example.com, or (B) sending the Notice by U.S. Postal Service certified mail to Backyard Forager, 3600 Cerillos Rd. #203, Santa Fe, NM 87505, U.S.A. The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Backyard Forager may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.
You agree that, by entering into this Agreement, you and Backyard Forager are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Backyard Forager agree that YOU AND Backyard Forager MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.