TERMS OF SERVICE & MEMBERSHIP AGREEMENT

pHresh & Clean, a division of IMF Enterprises Inc.

Last Revision Date: July 21, 2017

This page contains the terms of use for our Website and Services, which is owned and operated by pHresh & Clean, a division of IMF Enterprises Inc.

By using our [“pHresh & Clean”] website, you [the “user”/ “member”] agree to these Terms and Conditions [“Terms”]. We reserve the right to change, modify, add or remove portions of these Terms at any time. You should check the “Last Revision Date” [listed at the top of the page] periodically to see if any Term updates or changes have been made since your last review. By using our website after we post any changes to the Terms, you agree to accept those changes, whether or not you have reviewed them.

The Terms are a contract between you, the user/ member, and pHresh & Clean, a division of IMF Enterprises Inc. We operate the pHresh & Clean website and other related products and services. By using our website or any of our other services, you are agreeing to be bound by these Terms. If you do not agree to any or all of these Terms, we recommend that you cease using our website and services. If you violate any of these Terms, we will terminate your right to use our website and services. We reserve the right to refuse service to anyone, for any reason, at any time.

AUTHORIZED USERS [“Members”]

Our website and services are only available to people who can form legally binding contracts under the law applicable to these Terms.

Our website and services are not available to minors [under 18 years of age]. If you don’t qualify as an authorized user, you are not permitted to use our website or services and no contract will be formed between you and us.

As a condition of your use of our website and services, you agree to give us true, accurate, current and complete information as prompted by the registration forms, when registering for or using our website and services, and to update and maintain the accuracy and completeness of the information.

Registered users agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our website.

You must register in accordance with instructions prompted by the registration forms in order to participate in any “community area” or to create a “public profile.”

A “community area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our website or post your own content. All communication should relate to the thread/recipe at hand. We reserve the right to remove any comments that we consider offensive or off-topic. Doing so may also lead you to being immediately and permanently banned from our website and services.

MEMBERSHIP AGREEMENT, PAYMENT, CANCELLATIONS & REFUNDS

Each membership is to be used and accessed by one household only. We reserve the right to cancel your membership for password sharing or by distributing any of our content to another household, person or entity. If we find that you are in violation of this agreement, we will automatically cancel your account without a refund.

pHresh & Clean provides a meal plan service that offers monthly, quarterly, and annual membership terms. When you sign up for a membership, you are committing to the term you have chosen.

At the end of your membership term, we will automatically bill the card we have on file for you for the following period.

Our automated system allows you to cancel your renewal at anytime on your “My Account” page by clicking on “Cancel Membership.” Cancellations must be done at least 5 days prior to your subscription renewal date, in order to be processed in time. Your cancellation must be done by you, the member, through our site and cannot be cancelled via phone, mail or email request. When you cancel, you will still be able to access our website and service through the end of the billing cycle that you have already paid for. There will be no refunds for late cancellation.

When you sign up as a New Member for our website and services, you have 21 days [for pHresh & Clean], and 10 days [for The 30 Clean add on], to request a full refund if you are not satisfied. Refund requests can be emailed to billing@phreshandclean.com and will be processed within 72 hours. Once the refund is processed, your user account will be closed and you will no longer have access to any of the content.

PROTECTING YOUR ACCOUNT

Some parts of our website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

RECIPES SUBMITTED BY MEMBERS

By submitting a recipe and accompanying content on our website, you are representing to us that, to the best of your knowledge, the recipe and the content does not infringe the rights of another. You are also granting us permission to copyedit the recipe and to share the recipe and the content on this website for other members to use free of charge.

We reserve the right to remove a recipe from this website for any reason, including claims of copyright or trademark infringement.

ALL CONTENT SUBMITTED BY MEMBERS

Members may submit content to our website. If you submit content, you grant our affiliates and us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users who submit material agree that this license includes the right for us and other users of our services to make the content available to others for publication, distribution, syndication, or broadcast on other media and services, subject to our terms and conditions for content use. These additional uses by others or us may be made with no compensation paid to the user who submitted it.

Users also represent, warrant and agree that they have not and will not contribute any content that:

  • Infringes, violates or otherwise interferes with any copyright or trademark of another party.
  • Reveals any trade secret.
  • Infringes any intellectual property right of another or the privacy or publicity rights of another.
  • Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party.
  • Creates an impression that is incorrect, misleading, or deceptive.
  • Contains other people’s private or personally identifiable information without their express authorization and permission.
  • Contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

We reserve the right to remove any content, suspend, remove or terminate access to our services at any time, or pursue any other remedy or relief available under equity or law.

COPYRIGHT COMPLAINTS

In short, if you believe we have infringed on your copyrighted material, please let us know and we will handle it immediately!

Courtesy of U.S. Register of Copyrights

“Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.

Only original works of authorship are protected by copyright. “Original” means that an author produced a work by his or her own intellectual effort instead of copying it from an existing work.

For further information about copyright, see Circular 1, Copyright Basics.”

Pursuant to 17 U.S. Code § 512 – Limitations on liability relating to material online

Section (C3) Elements of notification:

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following.

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification may be submitted to the following Designated Agent:

IMF Enterprises Inc.
P.O. Box 8872
Rancho Santa Fe, CA
92067
Telephone: (800)246-3470
Email Address: info@phreshandclean.com

Upon obtaining such knowledge or awareness, we will act expeditiously to remove, or disable access to, the material.

HEALTH DISCLAIMER

Our website offers health-conscious recipes and various information regarding healthful eating and living.

  • We are not a medical organization and we cannot diagnose or treat any health condition.
  • Nothing contained in our website should be construed as health advice or diagnosis.
  • All information is intended for your general knowledge only and is not substitute for medical advice, or treatment for specific medical conditions.

If you are concerned about your health, please consult with your doctor. Or dial 911.

RECIPE DISCLAIMER

pHresh & Clean in no way provides any warranty, express or implied, as to the content of recipes or discussions.

  • It is the reader’s responsibility to determine the value and quality of any recipe or instruction provided for food preparation and to determine the accurate nutritional value, if any, and safety of the preparation instructions.
  • We do not assume any liability for adverse reactions to foods consumed.
  • Recipes taken from this site and prepared are done so “at your own risk”. We do not guarantee that favorable results will be obtained from recipes contained on this site and, therefore, strongly recommend that you conduct appropriate tests under your own operating conditions prior to adoption.
  • The recipes on this site are intended for entertainment purposes and for use by persons having appropriate technical skill, at their own discretion and risk. You should seek advice before beginning if you are unsure of the recipe or your skills.
  • We are not responsible for any domestic accidents, fires or food poisoning that could result from preparation of the recipes or the eating of raw eggs or other foods.

While we try to review and test each recipe carefully [most often testing many, many times], you may not always achieve the results desired due to variations in ingredients, cooking temperatures, typos, errors, omissions, or individual cooking abilities.

NUTRITIONAL INFORMATION DISCLAIMER

We may offer nutritional information for recipes listed on the site. Nutritional information is provided as a courtesy and is not guaranteed by us, the dietary information is a product of a third party. Although we attempt to provide accurate nutritional information, these figures should only be considered estimates. Varying factors such as product types, the way ingredients are processed, typos, errors, or omissions can 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 on your own with the actual ingredients used in your recipe.

LICENSE AND SITE ACCESS

pHresh & Clean grants you a limited license to access and use our website for your own personal, non-commercial use.

This license does not include the right to download, reproduce, or transmit any material (other than routine page caching) in any form or by any means [electronic or mechanical, including photocopying, recording, information storage and retrieval systems] or modify any material without our express written consent.

This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information.

No portion of this website may be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not use meta tags or any other hidden text utilizing the pHresh & Clean name or trademarks without our express written consent. Any unauthorized use of our website voids the limited license granted by us.

Our meal plans, recipes, photos, and videos are copyright protected and therefore cannot be distributed or copied without our expressed written consent.

However, we hereby provide you, the member, with an exclusive and non-transferable license to print any page deemed a “Recipe”, “Meal Plan” or  “Shopping List” that is presented on this site for your own personal use and such document may not be reproduced on any website or publication.

INTELLECTUAL PROPERTY

All rights, title, and interest in and to our website and services, including the pHresh & Clean name, logo and domain name, recipes, text, graphics, logos, icons, images, audio and video clips, digital downloads, and software, are and will remain the exclusive property of us and our licensors. The content on the pHresh & Clean website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Selected images and audio/ video on our website are provided courtesy of pHresh & Clean and Shutterstock.

Nothing in these Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. You acknowledge that ownership in any intellectual property rights [including patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world] in our services belongs to us. Accordingly, any part of our services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing our services.

SERVICE LIMITATIONS

We will do our best to ensure that our site is available twenty-four hours a day, seven days a week. However, there will be occasions when the site services will be interrupted for certain technical difficulties or maintenance, from time to time. We will make reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the company services.

You also acknowledge and accept that there may be technical downtime with site services. You agree that your access and use of the site services is at your own risk. You understand and agree that the site services are provided to you on an “As Is” and “As Available” basis.

In no event shall pHresh & Clean, or it’s affiliates, officers, directors, employees, or agents be liable for any direct, special, incidental, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of date, whether in an action in contract, tort [including but not limited to negligence] or otherwise arising out of, or in any way connected with the use of, or inability to use this website or content contained on, or accused through this website.

You acknowledge that your use of the website and content is at your sole risk.

LIMITATION OF LIABILITY

Our website displays information that is provided by the websites/ stores [Amazon, Chickory, Thrive and The 30 Clean] whose products we feature. We have no control over the information that the stores provide to us, and we have no control over the availability of their products. We cannot guarantee the pricing, availability, quality, timing or failure to provide any of the products featured on our website.

You waive the right to bring or assert any claim against us relating to any dealings with any store whose products are offered on our website, and release us from any and all liability for or relating to any interactions or dealings with such stores.

We recommend you direct any concerns with respect to any other website to that website’s customer service.

INFORMATION LOCATION TOOLS

These Terms apply only to our website and not to any other websites that we may link to. Our website may include links to other websites, resources, or services. You acknowledge and agree that we are not responsible for the availability of these other websites, and we do not endorse, and are not responsible or liable for any content, advertising, products, or other materials on or available from other websites, resources, or services. To be a fully aware and informed consumer, any product claim, statistic, quote, hyperlink or other representation about a product or service represented in any fashion on this website should be independently verified by you with the manufacturer, provider or party in question.

We recommend you direct any concerns with respect to any other website to that website’s administrator or webmaster.

INDEMNIFICATION

You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of our services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify us and our affiliates, employees, officers, agents, health coaches, consultants, or other partners from and against any third party claim arising from or in any way related to your use of the services, including any liability or expense arising from all claims, losses, damages [actual and/or consequential], suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed to the company including infringement of intellectual property laws or civil or criminal claims. We will use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits, which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

APPLICABLE LAW

By visiting our website or otherwise accessing our services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the company.

This website and the content available on it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, and you agree that use of this website and/or it’s content is at your sole risk. pHresh & Clean, a division of IMF Enterprises Inc., disclaims all warranties, express or implied, including but not limited to, implied warranties, warranties of merchantability, warranties of fitness for a particular purpose, or, warranties of title and non-infringement. pHresh & Clean does not represent or warrant that materials on this website are accurate, complete, reliable, current or error-free. pHresh & Clean does not represent or warrant that it’s server(s) are virus-free, or other components.

You acknowledge that your use of the website and content is at your sole risk.

MODIFICATION OF SERVICES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the company services [or any part thereof] with or without notice. Prices of all company products and services are subject to change. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the company services.

We reserve the right to modify, alter, delete and update these Terms of Service at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.

 THANK YOU FOR TAKING THE TIME TO REVIEW ALL OF THIS!

We are always striving to improve our services and welcome your feedback. Please direct any comments or concerns to info@phreshandclean.com