These websites located at plantbasedmavens.com and kaylianderson.com (“Websites”) are owned and operated by Kayli Anderson.
Your use of the Websites constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.
We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.
The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
Kayli Anderson is a licensed registered dietitian and a certified exercise physiologist through the American College of Sports Medicine. Nothing presented on the Website creates a professional-patient relationship between you and Kayli Anderson.
MEDICAL INFORMATION DISCLAIMER
From time to time, the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided "as is" without any representations or warranties, express or implied.
You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website. All medical information on the Website is for informational purposes only.
All information provided regarding nutrition on the Website is intended to be used for informational purposes only. As stated above, Kayli Anderson is a registered dietitian; however, content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available on the Website, you should seek advice from a licensed professional.
We are not responsible for any liability, loss, or damage, caused or alleged caused, directly or indirectly, as a result of the use, application, or interpretation of nutrition information available on the Website.
The Food and Drug Administration has not evaluated the statements contained in any information available on the Website. Individual results may vary.
FITNESS INFORMATION DISCLAIMER
The Website may discuss topics related to health and fitness, and may include information on exercise and workouts. The fitness information provided on the Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result. Even if the information provided on the Website is from a certified exercise physiologist, it is for informational purposes only and the exercise physiologist has not consulted with you on an individual basis.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.
The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein.
We make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Disclaimer will be governed and construed in accordance with the laws of the State of Colorado. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Chaffee County, Colorado. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Disclaimer cannot be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.
All notices with respect to the Disclaimer must be in writing and made via email to email@example.com for the Websites and to your email address.
INFORMATION WE COLLECT
Information You Voluntarily Submit to the Websites: We may collect personal information from you such as your name or email address, as described above. This information is all voluntarily submitted by you at the time the information is collected. For example, you may voluntarily submit information to the Websites by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Websites. For example, when you use the Websites, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Websites. We may also collect information about actions you take when using the Websites, such as links clicked.
Cookies: We may log information using cookies, which are small data files stored on your browser by the Websites. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Websites.
HOW YOUR INFORMATION MAY BE USED
We may use the information collected in the following ways:
To operate and maintain the Websites;
To create your account, identify you as a user of the Websites, and customize the Websites for your account;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To market products through display or affiliate advertisements;
To market to you on third-party platforms, such as Facebook;
To provide you with user support;
To track and measure advertising on the Websites;
To process payment for purchases you make through the Websites; or,
To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
The companies listed below are “Service Providers,” which are defined as “a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that process information on behalf of a business and to which the business discloses a consumer’s personal information for a business purpose pursuant to a written contract, provided that the contract prohibits the entity receiving the information from retaining, using or disclosing the personal information for any purposes other than for the specific purpose of performing the services specified in the contract for the business” or “retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract with the business.”
The Websites may use third-party service providers to service various aspects of the Websites. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Websites currently uses the following third-party service providers:
Flodesk – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications. Flodesk will also track information regarding your interaction with our emails, such as whether they have been opened or you have clicked on a particular link.
Paypal – this service is used to serve our ecommerce platform. If you purchase something from the Websites, your Personal Information will be shared with this Service Provider. At no time is your banking information passed back from the payment processor to the Websites. We receive only information used for order fulfillment.
Google Analytics — this service tracks Websites usage and provides information such as referring websites and user actions on the Websites. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
Google Remarketing — Google uses these cookies to show relevant adverts to users who have previously visited our website, as they browse other websites. You can opt-out from Google’s remarketing program, by changing your Google Ad Settings.
Teachable — this service is used for payment and delivery of courses. We store your name and email address for purposes of delivering course access. At no time is your banking information or password passed back from Teachable to the Websites.
Facebook — cookies and pixels are used to understand and deliver ads and make them more relevant to you. We may also use a cookie to learn whether someone who saw an ad on Facebook later visited our website.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Websites to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
This Websites uses Google Analytics to analyze traffic to the Websites. In order to track usage, Google Analytics places a cookie with a randomly generated Client ID on your browser. Google does use your personal information such as your IP address in order to capture reporting for the Websites regarding usage. You may opt-out of Google Analytics through a Browser Add-on, which is available here.
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
PUBLICLY VISIBLE INFORMATION
If you create a user profile on the Websites or leave a comment, certain information may be publicly visible.
Users may, at any time, prevent the setting of cookies, by the Websites, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Websites may be entirely usable.
To opt out of display advertising, visit http://optout.networkadvertising.org/.
Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Pinterest: Opt-out of Pinterest remarketing here
Sponsored Content Tracking Pixels
These Websites may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC's requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Websites is used in conjunction with these tracking pixels.
Affiliate Program Participation
The Websites may engage in affiliate marketing, which is done by embedding tracking links into the Websites. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
Plant-Based Mavens is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the Websites will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.
On the Websites, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Websites to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
SENSITIVE PERSONAL INFORMATION
The Websites do not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Websites has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at firstname.lastname@example.org and we will use our best efforts to promptly remove such information from our records.
GDPR - RIGHTS RELATED TO YOUR PERSONAL INFORMATION
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (“GDPR”). Throughout this policy, we have disclosed what information we collect and how it is used. Under GDPR, you also have the following rights:
Right to Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also contact us at the email below to be removed from our mailing list.
Right to Access – You may access the personal information we have about you by submitting a request.
Right to Amend – You may contact us to amend or update your personal information.
Right to Be Forgotten – In certain situations, you may request that we erase or forget your personal data.
You may exercise any of these rights by emailing email@example.com.
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law. Unless you exercise such rights, we reserve the right to retain your data.
NEVADA PRIVACY OF INFORMATION COLLECTED ON THE INTERNET FROM CONSUMERS ACT
Pursuant to the Nevada Privacy of Information Collected on the Internet from Consumers Act (“NPICICA”), Nevada residents may opt out of the sale of any personal information. As described above, your personal information may be shared with third-party service providers/operators in order to fulfill purchased products or to communicate with you. We do not sell (which is defined in the NPICICA as “the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons”) your covered information, which includes:
Your first and last name;
Your email address;
Your phone number;
Your social security number;
Any identifier that would allow you to be contacted either physically or online; or,
Any other information concerning you, collected from you by the Websites and maintained by us, in combination with an identifier in a form that makes the information personally identifiable.
On the Websites, you may purchase digital products, such as courses, ebooks, and services.
Refunds are not available for purchase of products, unless stated otherwise.
Last updated: January, 2022
YOUR RESPONSIBILITY IN USING THE WEBSITES
The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Websites.
USE OF THE WEBSITES
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
Republication, redistribution, sale, rental, or sub-licensing of content from the Websites;
Reproduction or duplication of any content on the Websites for commercial purposes;
Modification of any content on the Websites;
You are permitted to share content on social media channels, as long as you provide a link to the Websites on the channel where the content is being shared.
Users are permitted to share one image from the Websites on digital channels, as long as the image is credited to the Company, with a link to the Websites. For example, if you own a website and wish to feature a piece of Company’s content, you may insert one image from the Websites onto your website, as long as you provide credit and a link back to the Websites, more specifically the page where the image was taken.
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
PROHIBITED USES OF THE WEBSITES
You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Websites without Company's express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.
You must not use the Websites for any third-party marketing without Company's express written permission.
Unless otherwise noted, the design, content, and all components of the Websites are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Websites will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
CONTENT CONTRIBUTED TO THE WEBSITES
In limited circumstances, you may contribute content to the Websites, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Company's servers; or, (iii) hosted or published on the Websites. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
From time to time, the Websites may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Websites will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Plant-BAsed MAvens is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.
From time to time, the Websites may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Websites are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Websites are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
From time to time, the Websites will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Websites in a way that constitutes copyright infringement and falls outside of fair use, please send a request to firstname.lastname@example.org and we will remove the image within 2 to 5 business days.
If you send Company an email, register to use the Websites, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold Company harmless from any and all liability in any dispute.
The Websites is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Websites or the information and materials provided therein.
Company makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.