Updated 05.04.2024
Thank you for visiting BudgetBytes (or “we” or “our”). Please carefully read these Terms of
Service (or “Agreement”) and our Privacy Policy which is incorporated into these Terms of
Service by this reference.
THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES. BY USING THE
SERVICES, YOU AGREE TO THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OUR WEBSITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO
ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BUDGETBYTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The Services are not intended for the use of children under 18 and no such person is authorized to use them. By using the Services, you are representing that you are at least 18 years old. You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements.
Definitions
“Advertiser(s)” means a person or entity that provides advertising on the Website.
“Content” means, collectively, all text, graphics, user interfaces, visual interfaces,
trademarks, logos, sounds, artwork, and computer code in the Services.
“Linked Sites” means any links from the Services to other independent third-party websites,
including those of Online Retailers and Advertisers.
“Online Retailer” means a company whose products or services are featured or described
on the Website.
“Products” means recipes and items that are described on or otherwise featured on the
Website or in advertisements on the Website.
“Services” means BudgetBytes’ online applications, services and the Website.
“Submission” means any submission, user content, feedback, reviews, comments or
suggestions you may provide regarding the Products and Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) and includes advertising copy from BudgetBytes’ Advertisers.
“User” means the person or entity that enters into this Agreement and utilizes the Services.
The term “you” means Website visitors, User, and the individual accepting these Terms of
Service on behalf of any legal entity.
“Website” means BudgetBytes’ website at www.budgetbytes.com.
2. Proprietary Rights
2.1 As between you and BudgetBytes, BudgetBytes reserves all rights, title, and interest in
and to the Services, including all related intellectual property rights, subject to the
limited rights expressly granted hereunder.
2.2 Unless otherwise noted, the Services and Content, including but not limited to the
design, structure, selection, coordination, expression, “look and feel” and arrangement
of such Content, contained in the Services is owned, controlled or licensed by or to
BudgetBytes and is protected by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights. Except as expressly provided in these Terms
of Service, no part of the Services and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way to any other computer, server, website or other medium for
publication or distribution or for any commercial enterprise, without BudgetBytes’
express prior written consent.
2.3 You acknowledge and agree that any Submission is non-confidential and non-
proprietary, shall be treated as public information, may be shared with others on other
sites and platforms (including social media) and is submitted by you in compliance with
these Terms of Service. Submissions that constitute feedback, comments or suggestions
will be the sole and exclusive property of BudgetBytes, and you hereby irrevocably
assign to us all of your right, title and interest in and to all such Submissions, and
BudgetBytes shall have an unrestricted, irrevocable, world-wide, royalty-free right to
use, communicate, reproduce, publish, display, distribute and exploit such Submissions
in any manner it chooses. With respect to all other Submissions, you hereby grant
BudgetBytes an irrevocable, worldwide and perpetual license to use such Submissions
as contemplated in these Terms of Service.
2.4 Your provision of a Submission constitutes a warranty and indemnity that you have
sufficient license and/or other rights in the content to allow all desired use by
BudgetBytes and that the information is submitted to BudgetBytes in compliance with
all applicable laws.
3. Terms of Purchase; Payment
3.1 All purchases of Products are via third-party online platforms. Some of the links found
on the Website are “affiliate links,” meaning that if you click on the link and purchase the item, BudgetBytes will receive an affiliate commission. We are also a participant in
the Amazon Services LLC Associates Program, an affiliate advertising program designed
to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
3.2 By purchasing Products, you agree to pay the fees associated with your purchase or
submission and any applicable taxes. We reserve the right to increase charges from time
to time, but we will provide notice of the changes applicable to you before you
complete your transaction.
3.3 Our return policy for meal plans is set forth at this link:
https://shop.budgetbytes.com/pages/return-policy. If you purchase products via a
third-party link, please see the applicable third party’s website for their return policy.
Except as expressly set forth herein, all fees are non-cancelable and nonrefundable.
3.4 Only valid payment methods acceptable to us (or the third-party online platform, as
applicable) may be used to complete a purchase. You represent and warrant that you
are authorized to use your designated payment method. You authorize us to charge
your designated payment method for the total amount of your order (including any
applicable taxes, fees, delivery, shipping and handling charges).
3.5 We use third-party payment processors to process all payments. BudgetBytes’
relationship with such third parties is contractual in nature, as each such third party is a
third-party vendor to BudgetBytes, and they are not subject to BudgetBytes’ direction or control; thus, the relationships are not, and should not be construed as, one of
fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners,
joint venturers or the like.
4. Use of Services; Acceptable Use Policy
4.1 You agree to immediately notify us of any breach of security that you become aware of
involving or relating to your use of the Services by emailing support@budgetbytes.com.
In addition, you agree to keep confidential any username(s) and password(s) associated
with accounts created on our Website and with our business partners and payment
processors, and to exit from your user account at the end of each session. BudgetBytes
explicitly disclaims liability for any and all losses and damages arising from your failure
to comply with this section. You may not use anyone else’s account at any time.
4.2 User represents and warrants that its use of the Services will comply with all applicable
federal, state, and local laws and regulations.
4.3 In connection with your use of the Services, you agree that you will not:
4.3.1 interfere with or damage the Services, including, without limitation, through the
use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-
service attacks, packet or IP spoofing, forged routing or electronic mail address
information or similar methods or technology;
4.3.2 violate any local, state, provincial, national, or other law or regulation, or any
order of a court;4.3.3 “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
4.3.4 display, mirror or frame the Services, or any individual element within the
Services, BudgetBytes’ name, any BudgetBytes trademark, logo or other
proprietary information, or the layout and design of any page or form contained
on a page, without BudgetBytes’ express written consent;
4.3.5 post, upload, publish, submit or transmit any material that: (a) infringes,
misappropriates or violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or
privacy; (b) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability; (c) is fraudulent,
false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar
or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual or group; (f) is violent or threatening or promotes
violence or actions that are threatening to any other person; or (g) promotes
illegal or harmful activities or substances
4.3.6 access, tamper with, or use non-public areas of the Services, BudgetBytes’
computer systems, or the technical delivery systems of BudgetBytes’ providers;
4.3.7 attempt to probe, scan, or test the vulnerability of any BudgetBytes system or
network or breach any security or authentication measures;
4.3.8 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent
any technological measure implemented by BudgetBytes or any of BudgetBytes’
providers or any other third party (including another user) to protect the
Services or any of the content on the Services;
4.3.9 attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Services; or
4.3.10 advocate, encourage, or assist any third party in doing any of the foregoing.
4.4 Any conduct by a User that in our discretion restricts or inhibits any other user from
using or enjoying the Services is expressly prohibited.
4.5 BudgetBytes reserves the right, at any time, without notice: (a) to modify, suspend or
terminate operation of or access to the Services, or any portion of the Services at any
time; (b) to modify or change the Services, or any portion of the Services, and any
applicable policies or terms; and (c) to interrupt the operation of the Services, or any
portion of the Services, as necessary to perform routine or non-routine maintenance,
error correction, or other changes.
4.6 BudgetBytes reserves the right within its discretion to reject or remove from the
Website any material that does not comply with these Terms of Service, or that in
BudgetBytes’ sole reasonable judgment, does not comply with any applicable law,
regulation, or other judicial or administrative order.
5. Copyright Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright’s interest;
● description of the copyrighted work that you claim has been infringed;
● description of the material that you claim is infringing and where it is located on the
Services;
● identification of the URL or other specific location on the Services where the material
that you claim is infringing is located;
● your address, telephone number, and email address;
● statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
● statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our Copyright Agent via email at support@budgetbytes.com with “DMCA
Notice” in the subject line or by mail at Copyright Agent, c/o BudgetBytes, 4117 Gallatin Pike
Suite 105, Nashville, TN 37216.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be
notified of the results of such investigation.
6. Term; Suspension; Termination
6.1 BudgetBytes may, in its sole discretion, without prior notice and to the extent
applicable, suspend or terminate your access to the Services and/or block your future
access to the Services if we determine that you have violated these Terms of Service or
other agreements or guidelines which may be associated with your use of the Services.
You also agree that any violation by you of these Terms of Service will cause irreparable
harm to BudgetBytes for which monetary damages would be inadequate, and you
consent to BudgetBytes obtaining any injunctive or equitable relief that BudgetBytes
deems necessary or appropriate in such circumstances. These remedies are in addition
to any other remedies BudgetBytes may have at law or in equity.
6.2 With respect to any termination or cancellation of this Agreement, you shall remain
responsible for any fees, costs or expenses incurred prior to termination of this
Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal
fees, court costs or expenses associated with enforcing the terms of this Agreement,
whether upon termination or otherwise.
6.3 The provisions of this Agreement concerning prohibited activities, copyrights,
trademarks, Submissions, disclaimers, limitation of liability, resolution of disputes,
indemnity and jurisdictional issues shall survive any such termination or any other
termination of this Agreement.
7. Disclaimers; Limitation of Liability
7.1 THE SERVICES AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS,
AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW.
7.2 The above disclaimer applies to any damages, liability or injuries, whether for breach of
contract, tort, negligence or any other cause of action.
7.3 EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL
BUDGETBYTES OR ITS THIRD-PARTY LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE
DAMAGES, EVEN IF BUDGETBYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
BUDGETBYTES’ AND ITS SUPPLIERS’ (INCLUDING LICENSORS AND THIRD-PARTY
PROVIDERS) LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR
PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED
US$50.00.
7.4 BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH
RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE
EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT
LIMIT YOUR WAIVER OF SUCH CLAIMS.
7.5 THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING SECTIONS APPLY
REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER
LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
7.6 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or
limitation of liability for consequential or incidental damages, so these limitations may
not apply to you.
8. Indemnity
You agree to indemnify and hold BudgetBytes, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “BudgetBytes Parties”;), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) (collectively, “Losses”), made against or incurred by BudgetBytes due to or arising out of or in connection with: (a) your access to or use of the Services; (b) your violation of this Agreement or any applicable law or regulation; (c) your violation of any rights of any third party; or (d) any disputes or issues between you and any third party.
9. Governing Law
You agree that all matters relating to your access to or use of the Services, including all disputes,will be governed by the laws of the State of Delaware excluding: (a) its conflicts of law principles; and (b) the United Nations Convention on Contracts for the International Sale of Goods.
10. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATECERTAIN DISPUTES AND CLAIMS WITH BUDGETBYTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Service and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms of Service. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved
solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in Nashville, Tennessee.
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will
have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms of Service, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Delaware for the purpose of litigating all such disputes. You also waive your rights to a jury trial.
Time Limit for Claims. To the fullest extent permitted by law, any claim under these Terms of
Service must be brought within one (1) year after the cause of action arises, or such claim or
cause of action is barred. You agree to the admissibility of computer records and electronic
evidence in any dispute herein.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute
Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
11. Users Outside of the United States
11.1 While the Services are accessible worldwide, not all features, products or services
discussed, referenced, provided or offered through or on the Services are available to
all persons or in all geographic locations, or appropriate or available for use outside
the United States. If you choose to access the Services from outside the United States,
you do so on your own initiative, and you are solely responsible for complying with
applicable local laws.
11.2 Canada. The parties declare that they have required that these Terms of Service and
all documents related hereto, either present or future, be drawn up in the English
language only. Les parties déclarent par les présentes qu’elles exigent que cette
entente et tous les documents y afferents, soit pour le present ou le future, soient
rédigés en langue anglaise seulement.
12. Miscellaneous
12.1 The Services may contain Linked Sites, Advertisers and Online Retailers, which are
provided solely as a convenience to our users, including the website Grow (accessible
via a widget on our website), which allows users to create recipe collections and add
favorite recipes to those collections. Such Linked Sites are not under BudgetBytes'
control and BudgetBytes is not responsible for and does not endorse the content of
such Linked Sites, including any information, products, services or materials
contained on such Linked Sites.
12.2 You may preserve these Terms of Service in written form by printing it for your
records, and you waive any other requirement that these Terms of Service be
evidenced by a written document.
12.3 All provisions of these Terms of Service are severable, and the unenforceability or
invalidity of any of the provisions will not affect the enforceability or validity of the
remaining provisions. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the invalid or
unenforceable provision(s), with all other provisions remaining in full force and
effect.
12.4 These Terms of Service, together with the Privacy Policy and any other legal notices
published by BudgetBytes, constitute the entire agreement between you and
BudgetBytes with regard to your use of the Services. BudgetBytes reserves the right,
at its sole discretion, to change, modify, add or remove portions of these Terms of
Service, at any time. Your continued use of the Services following the posting of
changes indicates your agreement to and acceptance of the changes. If you do not
agree with the modified terms, you may close your account. We last modified this
Agreement on the date listed at the top of these Terms of Service.
12.5 BudgetBytes’ failure to insist on or enforce strict performance of these Terms of
Service shall not be deemed a waiver by BudgetBytes of any provision or any right it
has to enforce these Terms of Service. Any such waiver must be in writing in order to
be effective. Except as expressly set forth herein, these Terms of Service shall not be
interpreted or construed to confer any rights or remedies on any third parties.
12.6 This Agreement is binding on the parties hereto and their respective successors and
permitted assigns. User may not assign this Agreement without the prior written
consent of BudgetBytes. Any assignment in violation of this section is void.
12.7 BudgetBytes’ failure to perform any term or condition of this Agreement as a result of conditions beyond its control, including but not limited to, acts of God, war,
strikes, fires, floods, governmental restrictions, power failures, pandemics or damage
or destruction of any network facilities or servers, shall not be deemed a breach of
this Agreement.
12.8 No text or information set forth on any other purchase order, preprinted form or
document shall add to or vary the terms and conditions of this Agreement.
12.9 The parties are independent contractors. No joint venture, partnership, employment,
or agency relationship exists between User and BudgetBytes as a result of this
Agreement or use of the Services.
Questions and Contact Information
Please contact us if you have any questions these Terms of Service. You may contact us by
emailing us at support@budgetbytes.com or sending correspondence to BudgetBytes, 4117
Gallatin Pike Suite 105, Nashville, TN 37216