Terms and Conditions

 

Website Terms and Conditions

 These terms and conditions (“Terms and Conditions”) between you and Further, Inc. (“Further”) govern your use of the Further website (“Website”).  Further reserves the right to modify these Terms and Conditions at any time and to impose new or additional terms or conditions on your use.  By using or visiting the Website, you indicate your agreement to these Terms and Conditions and the Privacy Policy (incorporated herein by reference). The Website is available for individuals at least thirteen (13) years of age.  You agree not to use or attempt to use the Website if you are under the age of thirteen (13). Please discontinue your use of the Website in the event that you do not agree to any of the terms of these Terms and Conditions and the Privacy Policy.  

Medical Disclaimer:  The Website, including any and all content, products, and services, is for informational purposes only and shall not constitute medical information or replace the professional advice of a medical or healthcare professional. Your use of the Website is at your sole discretion and risk. The Website and any services or products presented and sold by Further are not intended to diagnose, cure, or treat any medical or other health condition.

You acknowledge and agree that your use of any product purchased through this Website is at your sole risk. Further expressly disclaims and has no responsibility for how you use the products provided through the website, and makes no promises, guarantees, predictions of success or any claims to special experience, insight, or expertise in providing the Website. Further shall have no liability, obligation or responsibility to any person or entity for any loss, damage, injury or adverse consequence alleged to have happened directly or indirectly as a consequence of using the Further products sold on the Website or through an authorized third party distributor. Specifically, Further disclaims any implied warranties of merchantability, and fitness for any particular purpose.

Use of Content Supplied by You:  You agree that by submitting User Content or engaging in any other form of communication with Further, including electronic mail or through the Website, you grant Further, its affiliates, and partners, a royalty-free, perpetual, non-exclusive, unrestricted, irrevocable, sublicensable, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such User Content or communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.  Additionally, you acknowledge and agree that Further will not be required to provide any compensation to you in relation to any of your submissions, including User Content. Further may ask you to provide your thoughts and opinions, including the request to complete one or more surveys and you may submit ideas, suggestions, documents and proposals relating to the Services or other Further products (existing and anticipated) to Further through our support, administrative console (if applicable), forum or our contact form on our website (called “feedback”).  Providing feedback is voluntary and may take many forms. By providing feedback, you acknowledge and agree that: (i) your feedback does not contain any confidential or proprietary information; (ii) Further is not under any obligation to keep such feedback confidential; (iii) Further shall be entitled to use or disclose such feedback for any purpose; (iv) Further may have the same or comparable ideas and plans in development or under consideration prior to any such feedback being provided by you; (v) your feedback automatically becomes the property of Further without any obligation of Further to you; (vi) Further will not pay you for your feedback and we are not obligated to use it nor are we obligated to provide you with a copy of your feedback; (vii) Further does not want, and you agree not to provide, feedback that violates others’ copyrights or other intellectual property rights; and (viii) you must have all rights necessary to grant the permissions in this section. In addition, please be aware that User Content and information you submit and disclose in the Website may be available publicly, including to all users of the Internet and users of the Website, so you should be mindful of personal information and other content you may not wish to post.

Third Party Content; Clinical and Medical Content:  The Website may contain hyperlinks, advertisements or content related to third party websites, products, including third party products, services or stores.  Further may even redirect you automatically to third party websites or services and your usage of such will be governed, pending your acceptance, by their additional terms and conditions or policies, if applicable.  You agree that Further is not responsible, nor shall Further be liable, for verifying the validity or accuracy of any third party material, content, products, including third party products, advertisements, websites, services or other related materials.  In addition, Further does not warrant, will not be responsible for examining or evaluating the accuracy of, and will not have any liability or responsibility for any medical information, research or clinical materials or information provided by any third party material, content, products, advertisements, websites, services or other materials or documentation.  Any medical content, services, information, advice or materials of any kind accessed through the Website is for general information or reference purposes only and shall not be relied upon or replace any professional, clinical or medical advice or judgment provided by a physician or other health care professional.  You agree that you will not use any third party materials or any services in a manner that would infringe upon or violate the rights of any other party and that Further is not in any way responsible for any such use by you.

Permissions and Restrictions; Your Conduct:  Further grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that you do not use or attempt to use the Website in any manner inconsistent with or that would violate these Terms and Conditions, or any other policy or agreement referenced herein, as applicable.  In using the Website, your conduct must, at all times comply with all relevant laws, rules, and regulations, including all applicable federal, state, and local laws (and international laws, if applicable). Further may permit individuals to submit multiple forms of content (“User Content”) in certain areas of the Website, including but not limited to recipes, photos, articles and discussion forums.  In order to engage in the Website, you must agree to abide by the following rules of usage of the Website:

1. You acknowledge that any User Content you submit will be considered non-confidential and Further Food has no obligation to treat such User Content as confidential, except that Further will maintain such User Content in accordance with its Privacy Policy.

2. You will not transmit false information through the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website. You are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.  

3. You may not provide to or post on or through the Website any User Content that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times.

4. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any User Content that is defamatory, abusive, bullying, harassing, racist, hateful, violent, or that promotes any of the foregoing.

5. You further agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit or otherwise objectionable in nature.

6. The Website may contain certain graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Further or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the Website (“Website Content”). The Website Content is protected by state, federal and international copyright, trademark and other intellectual property laws, and is the property of Further or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

7. You acknowledge that Further has not reviewed and does not endorse the content of all sites linked to from the Website and is not responsible for the content or actions of any other sites linked to from the Website. Your following of any link to any service or site outside of Further is at your sole risk.

8. You agree that your use of the Website will not violate any contractual or fiduciary obligations you have to third parties, including that you will not transmit the private, confidential, trade secret, trade mark, proprietary or other non-public information of any other party through the Website.

9. You will not use the Website for commercial purposes unless you receive prior written authorization from Further to do so.

Monitoring:  Further may, but shall not be obligated to, monitor activity in some of the Website to review compliance with this terms.  All users of the Website hereby specifically agree to such monitoring. Nevertheless, Further does not make any warranties or guarantees that: (a) the Website, or any portion thereof, are monitored for accuracy, appropriateness, or unacceptable use, (b) apparent statements of fact have been or will be authenticated, or (c) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with these terms.

Comments by Others are Not Endorsed by Further:  Further does not endorse, support, sanction, encourage, verify, or agree with the User Content, including comments, opinions, or statements posted on the Website. Any information or material placed in the Website, including advice and opinions, are the views and responsibility of those who post the statements and do not represent the views of Further or its third party service providers. You agree that Further and its third party service providers are not responsible, and shall have no liability to you, with respect to any User Content, information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these terms.

Editing and Deletions:  Further reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Website, in its sole discretion, without notice. 

Products or Services Referenced on or through the Website:  Neither Further nor its third party service providers make any warranties, nor does it or they provide any recommendations or endorsements, with respect to any of the products and/or services referenced or mentioned in User Content in Website. You agree that Further and its third party service providers are not responsible, and shall have no liability to you, with respect to products, and/or services referenced or mentioned in the Website, including illegal, offensive or illicit items.

Products or Services Sold Through the Website:  Further Products or Services sold through the Website or any authorized distributor are not intended to diagnose, cure, or treat any medical or other health condition. You must be at least eighteen (18) years old to purchase Further Products or Services from the Website.

Shipping Policy: Further will do its very best to ship all products ordered on Website or through a third party distributor immediately after receiving the order. Allow 2-6 business days for delivery for orders in the US and 7-21 business days for international deliveries. Further shall determine the most efficient shipping for your order.

Return/Refund Policy:  Further will offer a 100% money back guarantee on every Further Product purchased either directly through the Website or any other authorized distributor. To obtain a refund, you must notify Further immediately via email at wecare@furtherfood.com no later than 15 days after purchase that you will be seeking a refund. You must return the container to Further with a copy of your receipt within 30 days of purchase. In no event does any replacement or refund constitute an admission of any kind by Further.

Advertisements:  Further disclaims all liability for any advertisements that you may receive or any actions that you may take or refrain from taking as a result of any advertisement directed to you through the Website.  It is solely your responsibility for assessing and verifying the identity and trustworthiness of the source and content of any such advertisement.  Further assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any advertisement.  In particular, Further assumes no responsibility and makes no representations or warranties regarding any advertisements related to the provision of health care or medical advice or clinical treatment, including, but not limited to, medical information, dietary or nutritional guidance, medical research, clinical material, prescriptive device or drug information.

Disclaimer of Warranty; Limitation of Liabilities; Medical and Clinical Information:  Through the Website, Further will provide you with a variety of content, products, and a variety of interactive areas. Further may modify, revise or discontinue any content, product, feature or service of the Website with or without prior notice. Further does not warrant that its Website will be uninterrupted or free from security breaches, errors, data loss, and other technical complications. Use of Further and the Website are at your sole risk, as they are made available to you “as is” and “as available”, without any express or implied warranties including, but not limited to, merchantability and fitness for a particular purpose.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FURTHER BE LIABLE TO YOU FOR ANY INJURY OR DAMAGE, PHYSICAL OR MONETARY, IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY.  ANY MONETARY LOSS RESULTING FROM YOUR RELIANCE UPON INFORMATION OR DATA RECEIVED ON OR THROUGH THE WEBSITE IS STRICTLY YOUR SOLE RISK, RESPONSIBILITY AND LIABILITY.  IN PARTICULAR, ANY PERSONAL INJURY OR DEATH RESULTING FROM THE PROHIBITED RELIANCE ON MEDICAL OR CLINICAL INFORMATION ATTAINED THROUGH A THIRD PARTY ACQUIRED BY WAY OF THE WEBSITE IS SOLELY YOUR RISK, RESPONSIBILITY AND LIABILITY.  FURTHER DOES NOT WARRANT AS TO THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY MEDICAL INFORMATION, ANY RESEARCH AND CLINICAL MATERIAL PUBLISHED OR MADE AVAILABLE FOR INFORMATIONAL PURPOSES THROUGH THE WEBSITE.  YOU ARE ENCOURAGED AND ADVISED TO CONFIRM THE INFORMATION WITH OTHER SOURCES.  ANY AND ALL MEDICAL OR CLINICAL INFORMATION RECEIVED OR ACQUIRED THROUGH THE WEBSITE, IS NOT INTENDED AS A REPLACEMENT OR SUBSTITUTE OF YOUR MEDICAL OR CLINICAL JUDGMENT OR THAT OF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER.  IN NO EVENT SHALL FURTHER BE LIABLE TO YOU FOR ANY DAMAGES RELATED TO OR ARISING FROM YOUR USE OF THE WEBSITE.

INDEMNITY AND WAIVER:  YOU AGREE, THROUGH YOUR USE OF THE WEBSITE, TO HOLD HARMLESS, INDEMNIFY AND DEFEND FURTHER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, MADE BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY ADVERTISEMENT, ANY ALLEGED VIOLATION OR BREACH OF THESE TERMS AND CONDITIONS, OR ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FURTHER FOOD OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AS A RESULT OF THE DENIAL TO PROCESS ANY INFORMATION, SUSPENSION OR TERMINATION OF YOUR USE OR ACCESS TO THE WEBSITE, OR ANY ACTION TAKEN UPON AN ALLEGED VIOLATION, WITH OR WITHOUT PROVIDING NOTIFICATION TO YOU.

Intellectual Property:

Property of Further and its Affiliates:  You understand and agree that Further or its Affiliates (“Affiliates” shall mean any entity who directly or indirectly controls, is controlled by or is under common control with such entity), partners and licensors own all right, title, and interest in the intellectual property related to the Website and Further, including, without limitation, all trademarks, trade names, copyrights, logos, graphics, software, data and documentation. You also agree not to decompile, disassemble, reverse engineer, modify, copy, relicense, resell, rent, transfer, remove or export any software owned by Further, its Affiliates or agents.  Unless you receive prior written consent from Further, you are not permitted to use or reproduce any intellectual property owned by Further, its Affiliates or agents.  Your use of any content by way of the Website or Further is through a non-exclusive right to use subject to the terms of these Terms and Conditions.  Any use other than the intended use is prohibited and may subject you to civil and criminal penalties.

Property of Third Parties:  You understand that Further may display or use other trademarks, trade names, copyrights, logos, or graphics owned by other copyright holders, for which Further has obtained permission.  You are not granted any right or license to use any of the aforementioned copyrighted material of third parties by virtue of you having access to the Website and Further.

Copyright Complaints:

Further respects the intellectual property of others, and we ask our users to do the same. Further may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on or through the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you should notify Further via email.

Inappropriate Content:  Through use of the Website, you may encounter material or language that you deem inappropriate, offensive or objectionable. You understand that the foregoing may occur and your use of the Website is at your sole risk, and Further will not be liable to you for any such content.

Privacy:  Further may collect and use certain information about you and your use of the Website and Further.  For more information: http://www.furtherfood.com/privacy/.

Termination or Suspension of Access:  Further reserves the right to terminate or suspend, at any time and effective immediately, your access to the Website.

Entire Agreement:  These Terms and Conditions (including the Privacy Policy) reflect the entire agreement between you and Further regarding the subject matter hereof, and supersedes all prior agreements between the parties, whether written (including electronic) or oral.

Modifications:  Further may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. Continued access of the Website by you will constitute your acceptance of any modifications or revisions to these Terms and Conditions.  

Governing Law:  Your use of the Website shall be governed in all respects by the laws of the State of New York, without giving effect to the conflict of law principles thereof.

Assignment:  Further may assign, license, transfer or subcontract any of its rights and/or responsibilities under these Terms and Conditions at any time.  You may not assign, license, transfer or subcontract any of your rights or obligations under these Terms and Conditions without Further’s express written consent.

Inquiries:  Please direct any questions to: hello@furtherfood.com.  

Last Updated:  November 3, 2016

 

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