Terms & Conditions
Last Updated: June 6, 2022
Acceptance of Legal Terms
Paleo On The Go, LLC, a Georgia limited liability company (“us” or “we” or “our”) owns, operates and provides the https://paleoonthego.com website and domain including, without limitation, all related webpages, applications, subdomains, subparts, and content of such website and domain (collectively, this “Site”) and the products (the “Products”) and the services (the “Services”) made available through this Site.
We provide the Products and the Services to individuals and/or businesses that purchase the Products and the Services (each a “Customer”) and to each person that is authorized by us and by such Customer to use the Products and the Services (each a “User”) in accordance with the terms and conditions described in this Site, which terms and conditions include, without limitation, our current Shipping Insurance and Returns/Refunds policies https://paleoonthego.com/pages/shipping-insurance-returns-refunds and our current Shipping Information https://paleoonthego.com/pages/shipping-information (collectively, “Site Provisions”) and in accordance with these Terms and Conditions (these “Terms and Conditions”) (Site Provisions and these Terms and Conditions are collectively, the “Legal Terms”). A User may include a Customer’s owners, employees, contractors, agents, family members, and/or affiliates. A specific Customer and its Users are collectively referred to as “you” or “your.”
The Legal Terms are a binding legal agreement between us and you concerning your use of this Site and your purchase and use of the Products and the Services. BY USING THIS SITE AND/OR USING OR PURCHASING OR USING THE PRODUCTS AND/OR THE SERVICES, YOU AGREE TO BE BOUND BY THE LEGAL TERMS WITHOUT LIMITATION OR QUALIFICATION.
We reserve the right to modify the Legal Terms from time to time by posting modified Legal Terms on this Site without notice to you. You acknowledge and agree that it is your responsibility to review this Site and the Legal Terms periodically and to be aware of any modifications. Your continued use of this Site, and/or your purchase of the Products and/or the Services after such modifications will constitute your agreement to be bound by the modified Legal Terms.
Provision of the Products and the Services
We agree to use commercially reasonable efforts to provide the Products and the Services to you subject to your compliance with the Legal Terms and Customer’s timely and full payment for the Products and the Services. Notwithstanding the foregoing, we reserve the right to reject any order for any reason, and furthermore we reserve the right to restrict, suspend, or terminate the provision of the Products, the Services, and/or your access to this Site at any time upon notice to the Customer. Upon termination of the provision of the Products and the Services, other than the Legal Terms pertaining to our providing the Products and/or the Services to you, all other Legal Terms shall survive in remain in full force and effect.
Payment for the Products and the Services
Customer agrees to timely and fully pay all charges for the Products and the Services, along with all taxes associated with the Products and the Services excluding only our income taxes, with time being of the essence. We may increase such charges at any time by reflecting such increased charges on this Site. Prices listed on the Site are exclusive of the taxes that you will need to pay. We may bill Customer directly or bill Customer using a third-party billing service. The payment obligations of Customer for the charges are absolute and non-cancellable upon placing an order for the Products and/or the Services. All payments are non-refundable except as otherwise expressly provided elsewhere in the Site Provisions. In some situations, we may provide Customer with credits or discounts on subsequent orders in our sole discretion. For any subscriptions, you agree that we may continue charging you for any ongoing subscription unless and until you have terminated your subscription in accordance with the Legal Terms.
You represent and warrant to us that (i) any payment information you submit to us is accurate and complete, (ii) you are authorized to use the payment method (i.e., credit card, etc.) through which you are paying, and (iii) charges incurred by you will be honored by the source of your payment. If any payments are not honored by your source of payment, and/or if you fail to timely and fully pay for any of the Products and/or the Services, we shall have the right at any time to do any one or more of the following: (i) suspend or restrict the provision of the Products and/or the Services; (ii) charge interest at the rate of 1.5% per month (i.e. or the highest interest rate permitted by applicable law if less than 1.5% per month) on the balance owed until such balance is paid; (iii) pursue collection actions, in which case, Customer agrees to pay all charges, taxes, and interest owed in addition to our reasonable attorney fees and court costs; and/or (iv) take or pursue any other legal action(s).
Conduct on Site
Your use of this Site and the Products and the Services are subject to all applicable laws and regulations. You are solely responsible for the content of your communications through this Site. You agree that you will not disclose, upload, share, post, email, make available, or otherwise distribute or facilitate distribution of any content, data, or information that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on or in any violates any patent, trademark, trade secret, copyright, right of publicity, license, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email, spamming, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- Impersonates any person or entity, including any of our employees or representatives; and/or
- Is harmful to minors.
Our Intellectual Property
You agree that we own and shall retain all right, title, and interest in and to all the intellectual property, other than Customer’s Data (defined below), of this Site and/or that is used to provide the Products and the Services (collectively, “Our IP”). All discoveries, improvements, inventions, enhancements, error corrections, updates, recommendations/suggestions, and trade secrets, made or conceived by us, you, or any third party, arising out of or relating to Our IP, shall be our sole and exclusive property and we shall retain any and all rights therein, including, without limitation, the right to file any patent or copyright applications thereon. You agree to execute and deliver all documents and provide all testimony reasonably requested by us to register, maintain, and enforce Our IP in our name. You irrevocably designate and appoint us as your agent and attorney-in-fact to act for and on your behalf to execute, register and file any applications, and to do all other lawfully permitted acts, to further the registration, prosecution, issuance and enforcement of Our IP. All rights not expressly granted to you are reserved to us and no rights or licenses shall be deemed granted by implication, estoppel or otherwise.
Our IP includes, without limitation, the following registered trademarks, unregistered trademarks or service marks: Paleo On The Go, LLC and paleoonthego.com. In addition, all custom graphics, icons, logos and service names used in this Site and/or as part of the Products and/or the Services are registered trademarks, unregistered trademarks or service marks belonging to us. All other trademarks or service marks are property of their respective owners. Nothing in the Legal Terms grants you any right to use any trademark, service mark, logo, and/or name used in this Site or as part of the Products and the Services.
You may use Our IP solely for your consumption of the Products and the Services consistent with the Legal Terms, and you may not use Our IP at any other time and/or for any other purpose. Your use of Our IP is “as is” and we do not represent or warrant or covenant that your use of Our IP will not infringe upon the rights of third parties.
You may not, and may not allow others to: (i) use Our IP for resale or distribution, or for the benefit or on behalf of any other party other than Customer; (ii) alter, copy, reproduce, modify, republish, upload, post, transmit, reverse engineer, decompile, disassemble, attempt to discover the source code (if applicable), rent, assign, lease, resell, distribute, or otherwise create derivatives of Our IP; (iii) seek to compromise the security of Our IP; (iv) use Our IP in violation of applicable law, rule, and/or regulation, including the laws of copyright, trademark, obscenity, defamation; (v) violate the rights of any person through the transmission, storage, and/or display of Our IP; (vi) transmit, use, or process any information or data that is infringing, violates the privacy or other rights of any third party, and/or that is comprised of ‘Protected Health Information’ subject to and defined by the Health Insurance Portability and Accountability Act (“HIPAA”), and/or that would otherwise require Our IP or the Services to be HIPAA-compliant, (vii) create large bandwidth-consuming actions and/or put an unusually large load on all or any part of Our IP; and/or (viii) remove, cover, and/or alter any of our copyright notices and/or any trademarks, trade names, service marks and/or service names included in Our IP.
“Customer’s Data” means the information and data that you transmit to us through the Site. We agree that Customer owns and shall retain ownership of Customer’s Data. We further agree to use commercial reasonable efforts to maintain and protect Customer’s Data in our possession. Notwithstanding the foregoing, this Site is not designed or intended to be used as a disaster recovery facility or as a data storage facility. Accordingly, you should not rely on this Site as your data storage facility. You should preserve backup copies of all Customer Data and any other digital data, information or other materials that you transmit to us. YOU AGREE NOT TO HOLD US LIABLE FOR ANY CLAIMS, DAMAGES, EXPENSES, LIABILITIES, AND LOSSES ARISING FROM DAMAGE TO, ANY DELETION OF, OR ANY FAILURE TO STORE CUSTOMER DATA.
You hereby grant us a worldwide, perpetual, royalty-free, non-exclusive, right and license to use, process, manipulate and create derivative works from Customer’s Data to provide the Products and the Services and to comply with our other obligations under the Legal Terms and under applicable law. You further grant us the right to access, compile and use Customer’s Data for research and data compilation, provided however, that at all times, the results of such data compilation shall not identify you (the “Research Data”). You acknowledge that the Research Data shall not be deemed to be a derivative work of Customer’s Data and that we own all rights in and to the Research Data and use of such Research Data shall be in our sole discretion.
We neither endorse nor assume any liability for Customer’s Data. We generally do not pre-screen, monitor, or edit Customer’s Data. However, we have the right, at our sole discretion, to remove any Customer’s Data that, in our sole judgment, does not comply with the Legal Terms and any other rules of conduct for this Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing Customer’s Data. You hereby consent to such removal and waive any claim against us arising out of such removal.
You represent and warrant that all Customer’s Data is owned or licensed by you, that you are authorized to transmit all Customer’s Data to us, that all Customer’s Data is current, accurate, and complete, that we can license all Customer’s Data and use all Customer’s Data to provide the Products and the Services, and that none of Customer’s Data infringes on any intellectual property rights of any third party.
Upon your written request, we agree to use commercially reasonable efforts to make Customer’s Data associated with your purchase of the Products and/or the Services available to Customer for retrieval in a format selected by us for a period of at least thirty (30) days following your last purchase of the Products and the Services.
You may not allow anyone to use this Site or become a User, that competes against us or provides products and/or services that are similar to the Products and the Services.
Only companies that are organized or incorporated in the United States of America, Canada, or Mexico or that are citizens or residents of such countries, are permitted to use this Site.
For any individual User, such individual must be at least eighteen (18) years of age to use this Site.
Any information that you provide to us must be current, complete, or accurate. If we have reasonable grounds to suspect the information you provide to us is not current, complete, or accurate, then we shall have the right to immediately suspend or terminate your access to this Site.
You are solely responsible for maintaining the confidentiality of your password and for any and all statements made and acts or omissions that occur through the use of your user name/email and password. Therefore, you must take steps to ensure that others do not improperly gain access to your user name/email and password. You agree to notify us immediately of any authorized use of your user name/email and password. WE WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, EXPENSES, LIABILITIES, AND LOSSES ARISING FROM YOUR FAILURE TO COMPLY WITH THE FOREGOING OBLIGATIONS IN THIS PARAGRAPH.
The Products and the Services are subject to United States’ export controls. Accordingly, no Products nor Services may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By purchasing the Products and/or the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
No International Use
Although this Site may be accessible worldwide, this Site is not intended to be accessed or used outside of the United States, Canada, and Mexico. Accordingly, we make no representation or warranty that this Site is appropriate or available for access or use in locations outside the United States, Canada, and Mexico. You are prohibited from accessing or using this Site outside of the United States, Canada, and Mexico if such access or use would in any way violate the Legal Terms or otherwise create any additional obligations for us.
Disclaimer of Warranties
THIS SITE, THE PRODUCTS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, PROMISE, AND/OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, PROMISE, AND/OR WARRANTY THAT (A) THIS SITE, THE PRODUCTS, AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THIS SITE, THE PRODUCTS, AND/OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AND/OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, THE PRODUCTS, AND/OR THE SERVICES WILL BE EFFECTIVE, ACCURATE, COMPLETE, AND/OR RELIABLE, AND/OR (D) THE QUALITY OF THIS SITE, THE PRODUCTS, THE SERVICES, AND/OR INFORMATION PURCHASED AND/OR OBTAINED BY YOU FROM THIS SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS AND/OR BE FREE FROM MISTAKES, ERRORS AND/OR DEFECTS.
THIS SITE, THE PRODUCTS, AND/OR THE SERVICES COULD INCLUDE TECHNICAL AND/OR OTHER MISTAKES, INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. THIS SITE, THE PRODUCTS, AND/OR THE SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THIS SITE, THE PRODUCTS, AND/OR THE SERVICES. THE USE OF THIS SITE, THE PRODUCTS, AND/OR THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
THIS SITE, THE PRODUCTS, AND/OR THE SERVICES COULD INCLUDE MARKETING MATERIALS, ADVERTISING, AND/OR TESTIMONIALS PROMOTING PRODUCTS AND SERVICES (“MARKETING MATERIALS”), AND WE MAKE NO REPRESENTATION, PROMISE AND/OR WARRANTY THAT ANY OF THE MARKETING MATERIALS ARE TRUE, RELIABLE, ACCURATE, AND/OR COMPLETE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION, PROMISE AND/OR WARRANTY THAT YOU WILL BENEFIT FROM THIS SITE, THE PRODUCTS, AND/OR THE SERVICES AND/OR THAT YOUR EXPERIENCE WITH THIS SITE, THE PRODUCTS, AND/OR THE SERVICES WILL BE SIMILAR TO THE EXPERIENCE OF THOSE EXPRESSED IN THE MARKETING MATERIALS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE AND/OR OUR OWNERS, MANAGERS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, AND EACH OF OUR AND/OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY CLAIMS AND/OR DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE, AND WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS AND/OR DAMAGES, IN CONNECTION WITH: ANY CLAIMS AND/OR DAMAGES BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE CLAIMS AND/OR DAMAGES; ANY CLAIMS AND/OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS; ANY MATTERS OUT OF OUR AND/OR THEIR REASONABLE CONTROL; ANY CUSTOMER DATA; AND/OR ANY AND ALL DIRECT CLAIMS AND/OR DAMAGES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY THE APPLICABLE CUSTOMER TO US FOR THE PRODUCTS AND/OR SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE APPLICABLE EVENT GIVING RISE TO THE APPLICABLE CLAIM(S) AND/OR DAMAGES.
You agree to defend, indemnify, and hold harmless us and/or our owners, managers, officers, agents, employees, contractors, and each of our and/or their respective successors and assigns from and against all claims, damages, expenses, liabilities, and losses including without limitation, reasonable attorney's fees, that arise from: (i) your use or misuse of this Site, the Products, and/or the Services; (ii) your breach of the Legal Terms; (iii) your violation of any applicable laws, rules, and/or regulations; and/or (iv) your negligence or intentional misconduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Governing Law & Jurisdiction
The Legal Terms shall be controlled, construed and enforced in accordance with the substantive laws of the State of Florida, without regard to any laws related to choice or conflicts of laws. Any claim, dispute, or legal proceeding (“Litigation”) arising out of or in any way related to the Legal Terms, this Site, the Products, and/or the Services, shall be brought in any state or federal court within the State of Florida, to the exclusion of all other jurisdictions. For any Litigation, in which a party prevails over another party, the reasonable attorneys' fees, courts costs and Litigation expenses incurred by the prevailing party in connection with such Litigation shall be paid for or reimbursed by the non-prevailing party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent by email to: firstname.lastname@example.org; or be sent by conventional mail to: Paleo On The Go, LLC, Attn: Legal, 6152 126th Ave., Suite 502, Largo, FL 33773. Notices to you may be sent to the email address supplied to us or to the email address or conventional mail address of the applicable Customer. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site, the Products, and/or the Services or other matters of importance, and such broadcasts shall constitute notice to you.
The Legal Terms may not be altered, supplemented, or amended by the use of any other document(s) that are not otherwise provided by us. To the extent that anything in or associated with this Site or within the Legal Terms is in conflict or inconsistent, these Terms and Conditions shall take precedence, and then any other Legal Terms shall not precedence over any other non-legal terms or language.
ANY CAUSE OF ACTION BROUGHT BY YOU AGAINST US AND/OR OUR OWNERS, MANAGERS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, AND/OR EACH OF OUR AND/OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS MUST BE INSTITUTED BY YOU WITH ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR BE DEEMED FOREVER WAIVED AND BARRED.
You may not assign your rights and obligations under the Legal Terms to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under the Legal Terms.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Products and/or the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, illness, disease, pandemic, fire, accident, adverse weather, inability to secure transportation, and/or governmental act or regulation.
If any part of the Legal Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of the Legal Terms or related rights shall not constitute a waiver of that right or provision.