Retail Ready® & Other Food Biz Wiz Products - Terms & Conditions

Retail Ready® & Other Food Biz Wiz Products - Terms and Conditions

Please read these Terms and Conditions carefully before enrolling in Retail Ready®.

TERMS OF SERVICE

By accessing Retail Ready® and all other Food Biz Wiz Products (“Program”) from Food Biz Wiz, Inc. (“Company,” “we,” or “us”), you and the Company agree to the following Terms of Service (“Terms of Service”), without modification, and you acknowledge reading them:

ACCESS TO PROGRAM

The Program includes, but is not limited, to course content & curriculum, written content, recorded video and audio content, live and pre-recorded calls, and discussions in Program related forums (collectively, “Materials”).  

The Program and Materials may only be accessed by you - the customer on record with the Company. You agree that the Program and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent. 

Your access to the Program may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.

REQUEST TO PAUSE

You may request to pause your program enrollment once during your initial 90 days, for up to 30 consecutive, due to personal circumstances. Please email hi@alliball.com to request a pause. Pauses will not be retroactively granted, nor will extended access to the program be granted if you fail to request a pause.

ACCOUNT CREATION

In order to use the Program, 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 provide will always be accurate, correct and up to date. 

OUR INTELLECTUAL PROPERTY

You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.

Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials. 

PAYMENT FOR PROGRAM

You agree to make timely and full payments to the Company for the Program (regardless of whether you selected to pay for the Program in full or with a payment plan). The full amount for the Program is due to the Company even if you choose not to complete the Program.

You authorize Company to automatically charge the credit card on file for any and all Program balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Program, without refund.

REFUND POLICY

Retail Ready®:

If you have buyer’s remorse, you may request a refund of the amount you paid for the Program within 1 business day (24 hours) of the Program Start Date if you are based in the USA or within 2 business days (48 hours) - if your business HQ is outside of the USA. The Program Start Date is defined as the first day the Company provided you access to the Program.

To be eligible for a refund, you must submit your request in writing, via email, to Allison Ball (to: allison@alliball.com, subject line: Retail Ready® Refund Request) for review prior to granting a refund.

Requests for refunds will not be granted two (2) calendar days after the Program Start Date (for brands based in the USA) or three (3) calendar days after the Program Start Date for businesses outside of the USA, and any outstanding balance owed to the Company for the Program must be paid in full.

If you choose the installment plan option vs. pay-in-full option to purchase Retail Ready®, you are responsible for paying off the program regardless of your ongoing participation.

CUSTOMER SUPPORT

Email support for the Program will be available at hi@alliball.com

CUSTOMER FEEDBACK

You agree that the Company has the right to use your feedback and testimonials whether in the form of emails, surveys, comments, discussions in Program related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the Program. 

RELEASE

You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Program. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.

CONFIDENTIALITY

  1. Confidential Information

You understand that as a Participant in this Program you may come across other Program participants’ (“Disclosing Party”) Confidential Information whether it is shared in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise. “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which the Disclosing Party is engaged, including, but not limited to, all information relating to the Disclosing Party’s products, business plans, financial records, customers, suppliers, vendors, products, costs, sources, strategies, inventions, procedures, forecasts, sales materials and data, technical advice or knowledge, contractual agreements, pricing, product specifications, trade secrets, procedures, distribution methods, inventories, marketing strategies, algorithms, designs, drawings, work sheets, blueprints, manufacturing processes, product development, recipes, ingredient sourcing, supply chain information, private labeling, production process, computer programs and systems and know-how or other intellectual property of a Disclosing Party, whether communicated in oral, tangible, electronic or other form. All Confidential Information shall remain the property of the Disclosing Party.

Confidential Information does not include information: 

  • known at the time of disclosure or that subsequently becomes known through no fault of yours to members of the public. Members of the public do not include Program participants;

  • discovered or created by you before disclosure by the Disclosing Party; 

  • learned by you through legitimate means other than from the Disclosing Party disclosure in the course of the Disclosing Party’s participation in the Program; or 

  • disclosed by you with Disclosing Party’s prior written approval.

In order to foster a supportive community among the Program participants, you agree:

  • not to disclose a Disclosing Party’s Confidential Information, 

  • not to make copies or other reproductions of a Disclosing Party’s Confidential Information, and

  • not to make any commercial use of a Disclosing Party’s Confidential Information. 

  1. Remedies

The Company is not responsible or otherwise liable for a Program participant’s breach of any of these confidentiality terms and any disputes between Program participants regarding a breach of these confidentiality terms will be resolved between the Program participants, not with the Company.

LAWFUL PURPOSES

To access or use the Program, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you, You shall not post or transmit through the Program 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. 

REFUSAL OF SERVICE

We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. 

We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Service.

ERRORS, INACCURACIES, AND OMISSIONS

Information provided about or in the Program or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.

RELATIONSHIP OF THE PARTIES

You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us. 

DISCLAIMER 

The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Program is a promise or guarantee to you of such results.

THIRD PARTY RESOURCES

The Program or Materials may 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 the Company. 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 WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer actually paid to the Company for the Program.

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, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program. 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

The Terms of Service shall be governed by the laws of the State of California and any disputes arising from it must be handled exclusively in the County of San Francisco, California. 

RECOVERY OF LITIGATION EXPENSES

If any legal action or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

ENTIRE AGREEMENT; WAIVER

The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company 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 Company.

CHANGED TERMS

We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Program website at www.alliball.com/digitalterms90 Any use of the Program by you after an amendment is made means you accept these amendments. 

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein. 

OUR PRIVACY POLICY

Please review our Privacy Policy located at http://www.alliball.com/privacy-policy

Effective Date: February 11, 2019