Terms of Service

The Tired & Hungry Cook’s Companion Terms of Service

Last updated: March 2016

Welcome to The Tired & Hungry Cook’s Companion, a real food meal planning service provided by Nourishing Joy and Ethical Green Living, LLC.

While we would prefer to concentrate on creating meal plans and services that help you face dinnertime with confidence, we realize we need to keep our legal representatives happy too. Thus, below are the terms of use for our meal planning service. Please contact us with any questions or concerns. We always welcome your feedback.

 

GENERAL

By accessing our Site or Services, you agree to the Terms. You are legally bound by this Agreement between you and The Tired & Hungry Cook’s Companion, a product of Ethical Green Living, LLC, a Washington State corporation. The Agreement defines your rights and responsibilities as a user of the Site. The Site and Services are operated in the United States of America and access to the services is governed by these Terms under the laws of the State of Washington and of the United States.

Registration as a User with our Services results in your personal information being stored and processed in the United States, and you specifically consent to allow the storage and processing of your personal data in the United States.

These Terms, together with our Privacy Policy shall constitute the entire agreement between you and Ethical Green Living, LLC. If you do not agree with any of the Terms of this Agreement or the Privacy Policy, you must not use the Services.

To register and use our Site and Services, you must be 18 years of age or older and agree to these Terms. The Tired & Hungry Cook’s Companion may change, modify, add or remove sections of these Terms at any time by posting the revised Terms on our Site. The changes take effect when we post the Terms on the Site.

 

PURCHASE, PAYMENT & REFUNDS

The Tired & Hungry Cook’s Companion provides a meal plan service that offers monthly, quarterly, and annual subscription terms. When you sign up for one of these options, you are committing to the term you have chosen. In order to best determine whether this service is a good fit for you and your family, we invite you to try a2-week sample meal plan HERE.

All our plans are billed on a recurring basis. At the end of your subscription term, we will automatically bill the card we have on file for you for the following period. This automatic billing will occur unless you cancel before the next billing date. If a renewal charge is unsuccessful, Ethical Green Living, LLC may retry charges to your credit card for up to 60 days.

Note that cancelling your membership will deactivate your access to meal plans. We encourage you to take this into consideration if you decide to cancel before the next billing cycle. We unfortunately are not able to offer refunds for late cancellation. To avoid the processing of a renewal payment, cancellation requests should be made via THIS FORM at least three business days prior to your subscription renewal date. Requests will be processed within 72 business hours.

We do, however, offer a Satisfaction Guaranteed refund policy. If at any point during your membership you wish to cancel your subscription, you may request a refund for the remainder of your payment. For quarterly and annual subscriptions, the refund amount will be prorated monthly beginning the FOLLOWING month after your request. For monthly subscriptions, you may request a full refund for one month’s subscription. Refunds for monthly subscriptions will only be honored for the first refund; refund requests for a monthly subscription following a previous refund will be denied.

The Tired & Hungry Cook’s Companion uses a designated third-party payment platform to process credit and debit card transactions for your Subscription. You are responsible for all transactions processed through the Service. Ethical Green Living, LLC is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.

The Tired & Hungry Cook’s Companion may change its base subscription prices at anytime. However, with the exception of any discount from coupon codes or promotional offers, the price for any renewal will be at the same base price that you were originally charged when you subscribed—unless we notify you otherwise. Should your base subscription price change, we will notify you by email and give you a time period of at least two weeks to opt out of the renewal if you do not wish to continue your subscription at the new price.

 

DELIVERY GUARANTEE

The Tired & Hungry Cook’s Companion is delivered via e-mail and posted in the Members’ Area of the Membership Website a few days before the beginning of each new month. If the meal plan is not posted by 11:59 p.m. PST of the first of the month, you may request a full refund for that month’s portion of your payment plan. You will still receive the month’s meal plan and all access that membership grants you.

 

USE OF MATERIALS AND COPYRIGHT

Our meal plans, recipes, photos, and videos are copyright protected and therefore cannot be distributed or copied without permission. Each subscription is to be used and accessed by one household only. We reserve the right to cancel your subscription for password sharing or by distributing our meal plans to another household or person. If we find that you are in violation of this agreement, we will automatically lock your account without a refund.

We’ve made the service affordable to allow the greatest accessibility possible. We have also created the 14-day sample meal plan option to give everyone a chance to use the product without any payment information required. We invite everyone to try the service while respecting our terms of use.

We make our best effort to ensure that all Content on the site is complete and accurate. Despite our efforts, the Content may occasionally be incomplete or contain errors.

Some content may be downloaded to your computer or device through use of the Site and Services. This Content remains subject to the limited use license contained in this Agreement, even after the termination of your Membership.

 

MEAL PLANS AND DIETARY RESTRICTIONS

The Tired & Hungry Cook’s Companion is committed to providing meal plans and resources that help individuals and families succeed in maintaining a real food lifestyle, in consultation with their personal physician.

Ethical Green Living, LLC and The Tired & Hungry Cook’s Companion does not:

  • Guarantee the accuracy, completeness, or usefulness of any nutritional information provided
  • Adopt, endorse, or accept responsibility for the accuracy, completeness, or usefulness of any nutritional information

Under no circumstances will Ethical Green Living, LLC or The Tired & Hungry Cook’s Companion be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. Always seek the advice of a physician or Registered Dietician for your own specific conditions or dietary needs. The Tired & Hungry Cook’s Companion will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.

 

GENERAL CUSTOMER POLICY

We strive to serve every customer with kindness and with outcomes that are more than fair. We are always trying to improve our service and welcome your comments. Please contact us with any feedback. Keep in mind that we are real people and not robots, so please do keep the feedback respectful and constructive.

We will generally contact you to let you know about updates and changes to our Services, and the products related to our Services. We promise not to spam you, or sell your information to third parties. You may opt out of our email communications by following the unsubscribe instructions located within the email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.

 

DISCLAIMER

Limited Liability

To the fullest extent permissible under applicable law, Ethical Green Living, LLC limits our liability. In particular we will not be liable for any damages that we cause unintentionally and we will not be liable to you for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.

For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Site or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Site and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

Indemnity

You agree to defend, indemnify and hold harmless The Tired & Hungry Cook’s Companion and Ethical Green Living, LLC, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Sites and Services.

Disputes

If a dispute arises between you and Ethical Green Living, LLC, our goal is to provide you a neutral and cost effective way to resolve the dispute quickly. You agree to first contact the Ethical Green Living, LLC, customer service team  via our contact form to describe the problem and seek a resolution. If that does not resolve the issue, then you and Ethical Green Living, LLC, agree that any dispute or claim relating to your use of the Services or the Site will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Ethical Green Living, LLC, both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Ethical Green Living, LLC each waive any right to a jury trial.

You and Ethical Green Living, LLC, agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Ethical Green Living, LLC, agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision will survive termination of this Agreement and the termination of your Tired & Hungry Cook’s Companion membership account.

Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. We can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable.

Waiver

Any failure by us to enforce any aspect of the terms of this Agreement will not affect our right to require performance at any subsequent time, nor will the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Complete Agreement

This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Site, will constitute the complete understanding and agreement between you and The Tired & Hungry Cook’s Companion, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by The Tired & Hungry Cook’s Companion.

Copyright Complaints

The Tired & Hungry Cook’s Companion respects the intellectual property rights of others and requires that users of our Site and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes, such as in a cookbook. Should you have a copyright complaint, please contact our customer service team.

 

CONTACT US

For questions or comments regarding our Terms or Services, please contact our customer service team.

Updated: 15 March 2016