Last Updated: 5/11/2022
Agreement to Terms
Thank you for visiting Rad Foodie! We ask that you read these Terms of Use carefully as it is a legal agreement between you and Rad Foodie, LLC (“Rad Foodie,” “we,” “us,” or “our”) that governs your use of Rad Foodie’s website at www.RadFoodie.com (the “Website”). The terms "user", "you", and "your" refer to any users or visitors to the Website.
All use of radfoodie.com as provided by Rad Foodie, LLC, is subject to the following Terms and Conditions. By accessing the Website, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered user of the Website. If you do not agree to these Terms of Use, please do not use the Website.
You agree to our use of your personal information in accordance with our Privacy Notice, Policy and Disclaimer ("Privacy Policy"). Your use of the Website is subject to the Privacy Policy.
Information provided on the Website related to Food Blogging, our original recipes, information, videos, graphics, articles and reports, and the software powering the Website (“Materials”) are subject to change. Rad Foodie LLC makes no representation or warranty that the Materials provided, regardless of its source is accurate, complete, reliable, current, or error-free. Rad Foodie, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Materials.
No Medical Advice
On the Website, we share recipes and information about our insights and experiences with certain foods. You may also see information relating to other people’s insights and experience with certain recipes or foods. Please be advised this Website is not intended to provide medical advice, diagnosis, or treatment. The Materials provided on and through the Website (including information that may be linked to third-party sites) are provided for informational purposes only. We strive to inform you about the health properties of certain recipes or foods but only you can decide how those recipes or foods affect you (every person may react differently). Nothing contained on the Website or in a response to your inquiries is intended to be a medical diagnosis or treatment plan. You should not use the Materials on this site for diagnosis or treatment of any health problem or other treatment. If you suspect you have a medical problem, or if you have any health-related questions, please consult with your physician or other health care provider.
Nutritional Information Disclosure
The recipes, foods or products, and the claims made about specific recipes, foods or products, on or through this Website, have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. Each person is different, and the way you react to a particular recipe, food or product may be significantly different from the way other people react. Nutritional Information such as Calories, Sodium, fat, etc. are provided as a courtesy and are estimates only. The information should not be considered a guarantee made by Radfoodie.com. This information is generated through online calculators such as Chronometer, and these calculations should be considered to be estimates only. While we strive to provide accurate nutritional information, natural variations in ingredients and how they are processed can change the nutritional value in any particular recipe.
Intellectual Property
All Materials included on the Website are the property of Rad Foodie or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.
“RAD FOODIE” and other trademarks and logos that we use are trademarks of Rad Foodie, LLC. Any third-party trademarks that appear on the Website are the property of their respective owners. You may not use any of these trademarks without express written permission from Rad Foodie or their owners.
User Feedback and Other Data
Your feedback and Website participation are important to us. With respect to any content you submit or make available to Rad Foodie or on the Website (including through social media channels), such as your biography, comments, reviews, pictures, videos and other content (“User Content”), you grant to Rad Foodie a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose.
In the event that you submit or post any creative suggestions, proposals, or ideas about our recipes or other services (“Feedback”), you agree that Feedback will be treated as non-confidential and you assign all intellectual property rights in Feedback to Rad Foodie.
You promise that your User Content and Feedback does not and will not violate these Terms of Use or the rights of any third party, including intellectual property and privacy rights.
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website 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.
Limited License
So long as you comply with these Terms of Use, you may access the Website and view the Materials for non-commercial purposes. You may download and print a reasonable number of the Materials for your personal use only. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.
License Restrictions
Your limited use license means you are not allowed to:
- Use any manual process or robot, spider, scraper, or other automated means to collect information from the Website or from other Website users;
- Use the Materials or other data or information from the Website for commercial purposes;
- Mirror any Materials contained on the Website or any Rad Foodie server or use framing techniques to enclose the Website or any part of the Website;
- Circumvent any of the technical limitations of the Website;
- Interfere with or prevent access to the Website by other users, or impose an unreasonable service request or usage load on our infrastructure;
- Change or remove any copyright, trademark, or other proprietary notices on the Materials or Website;
- Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
- Use any metatags or any other hidden text incorporating Rad Foodie’s name or trademarks in any online site or posting;
- Solicit, trace or otherwise collect any information from users or visitors of the Website;
- Use the Website for commercial activities such as contests or advertising; or
- Create a database by downloading and storing the Materials.
Copyright Takedown Policy
Rad Foodie respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at [email protected] and provide the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Website;
- An address and telephone number where you can be contacted, including an email address if possible;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.
Communications
By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and Rad Foodie may be recorded.
Termination; Cooperation with Law Enforcement
If we believe you have violated these Terms of Use or any applicable law, we may terminate your account, block access to or use of the Website, and investigate and suspected violations of these Terms of Use.
Warranty Disclaimer
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.
YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SITE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROVIDER BASED UPON INFORMATION ON THE SITE, WHETHER SUCH INFORMATION IS ACCURATE OR INACCURATE.
Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAD FOODIE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL RAD FOODIE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR MATERIALS EXCEED $100.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Rad Foodie and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to defend and indemnify Rad Foodie, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
Changes to the Terms of Use
We have the right to amend the Terms of Use at any time. If we change the Terms of Use, we will modify the Last Updated date at the top of this notice, and they will be effective immediately upon posting the revised Terms of Use on our Website. Your continued use of the Website will be considered your acceptance to the revised Terms of Use.
Because we constantly improve the Website, we may change or discontinue any part of the Website, at any time and without notice.
Miscellaneous
- Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.
- Assignment. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by Rad Foodie without restriction.
- Limitations on Claims. Any cause of action or claim you may have with respect to Rad Foodie or the Website (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.
- No Waiver. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.
- Entire Agreement. These Terms of Use and the Privacy Notice constitute the entire agreement between you and us and govern your use of the Website. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.
Contact Information
We would love to hear from you. You may contact us at [email protected] with any questions about the Website or these Terms of Use.