WEBSITE TERMS OF USE

The following Terms of Use (“Terms”) constitute an agreement between Wheatless Wanderlust Media LLC. (“Company”), and you that govern your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (“Website”), located at https://wheatlesswanderlust.com/.

In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through free resources (such as Downloadable Content), as the “Company Content.”

By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.

CHANGES TO THESE TERMS

Company reserves the right to modify, alter, amend, or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.

Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

ADDITIONAL POLICIES INCORPORATED INTO THESE TERMS

Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes:

Each of these policies is incorporated into these terms by reference. Your acceptance of these Terms is also acceptance of these policies. To the extent that either the Privacy Policy or Disclaimer is silent on any term, please consult these Terms. 

PERMITTED USERS

This Company Content is intended for users over 18 years or older. By using the Company Content, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.

DOWNLOADABLE CONTENT

On the Website, you may have the opportunity to access downloadable content (“Downloadable Content”), which is typically accessed by providing your email address and subscribing to Company’s newsletter. The following applies to your use of this Downloadable Content. 

License to Use the Downloadable Content

Company is the creator and owner of the Downloadable Content, subject to any licensed materials. Company reserves all rights in the Downloadable Content. Unauthorized use of any of Company’s intellectual property will be considered infringement and Company reserves all rights and remedies.

By downloading the Downloadable Content, Company is granting you a revocable limited license for your personal use of the Downloadable Content. Commercial use of the Downloadable Content is strictly prohibited. You may not share, distribute, display, perform, resell, republish, or create derivative works based upon the Downloadable Content.

For clarification, this means that you, the downloader, are permitted to use the Downloadable Content; however, you may not share the Downloadable Products with any third party. Additionally, you may not reproduce or resell the information to third parties.

Usage of the Downloadable Content for commercial purposes, such as reselling, is strictly prohibited.

Downloadable Files

You understand that you are downloading files at your risk when you obtain any Downloadable Content. Company is not liable for any errors and omissions in these downloadable files. Company is not liable for any technological problems that you may encounter downloading the files.

Downloadable Content Language

Unless otherwise stated, all Downloadable Content is offered in English. Company is not responsible for offering translations of the Downloadable Content. Company cannot guarantee that translation tools will accurately translate the content of the Downloadable Content.

Company does not guarantee that the Product(s) will be error-free.

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT

The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. 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 Company Content.

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

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 Company Content or Website;
  • Reproduction or duplication of any content in the Company Content or on the Website for commercial purposes;
  • Modification of any Company Content or information on the Website.

From time to time, the Website 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 WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website 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 Website without Company’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.

You must not use the Website for any third-party marketing without Company’s express written permission.

ARTIFICIAL INTELLIGENCE

Company does not consent to the use of any portion of this Website, or the Company Content being used in any format, in whole or in part, for the development, training, or operating artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.

BEHAVIOR TRACKING TECHNOLOGY

You understand that the Website may utilize behavior-tracking technology. By using the Website, you are expressly consenting to Company’s utilization of such technology. For more information, please see our privacy policy, located at https://wheatlesswanderlust.com/privacy-policy/. 

INTELLECTUAL PROPERTY RIGHTS

Copyright

Unless otherwise noted, the design, content, and all components of the Website and Company Content 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.

From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.

Trademarks

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 Company Content will legally utilize or reference 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 Website

In limited circumstances, you may contribute content to the Website, 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.

You agree not to upload, display, post, transmit, distribute, send, email or submit any contribution that is:

  • illegal, violates or infringes upon the rights of others.
  • defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
  • encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law.
  • distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law.
  • any attempts to gain unauthorized access to any portion or feature of the website. 
  • send unsolicited or unauthorized material or cause disruption in the operation of the Website. You agree to use the Website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

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 Website or Company Content. 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.

In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

CONTRIBUTION POLICY – COMMENTS

The Website offers the ability for users to leave reviews through comments. Pursuant to the FTC’s rules, Company has enacted the following policies related to consumer reviews. 

The Website does not knowingly include false reviews or testimonials. To the best of Company’s knowledge, all comments were left by individuals who have experience with Company Content. The Website does not pay for comments or reviews. 

The Website does not suppress negative reviews, such as comments. Per the FTC, a negative review is not considered suppressed if Company applies the same criteria for withholding reviews to all submissions. Company adopts the following policies related to any submissions. 

  1. Company reasonably believes the review, including any star ratings or written text, is fake. 
  2. The review is not related to the products or services for which it was made. 
  3. The review contains content in violation of Company’s policies, which prohibit: inclusion of trade secrets or confidential information; defamatory, harassing, abusive, obscene, vulgar, or sexually explicit content; the personal information or likeness of another individual; content that is discriminatory with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; or, the content is clearly false or misleading. 

Any reviews in violation will be promptly deleted and no further explanation will be due to you if your contribution was determined to be in violation of this policy.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Wheatless Wanderlust Media LLC 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.

CHANGES TO THE COMPANY CONTENT

Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.

COMMUNICATION

If you send Company an email, register to use the Website, 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.

MONITORING AND ENFORCEMENT

Company has the right to:

  • Take any action with respect to any contribution made to the Website.
  • Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
  • Take appropriate legal action for any illegal or unauthorized use of the Website.

Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.

TERMINATION

The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.

LINKS FROM THE WEBSITE

Any links on the Website are provided for your convenience only. This includes links in advertisements. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.

THIRD PARTIES

The Website and Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, 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 Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

ALL COMPANY CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS DO NOT LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IF YOU LIVE IN SUCH A JURISDICTION.

Company makes 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. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

You agree that under no circumstances will Company, its officers, employees, successors, shareholders, joint venture partners or anyone else working with Company be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of the Company Content, including but not limited to all the content, information, products, services and graphics presented here or in any Downloadable Content.

You expressly agree that your use of the Company Content is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the Company Content.

You also expressly agree that Company, its officers, employees, successors, shareholders, joint venture partners or anyone else working with Company will not be liable to you for any damages resulting from 1) any errors or omissions in the Company Content, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the Company Content, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the Company Content; 3) any theft or unauthorized access by third party of your information from the website regardless of Company’s negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that Company provides no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

INDEMNITY

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with Company harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the Company Content including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of these Terms by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

DISPUTE RESOLUTION

If there is any controversy, claim, action, or dispute arising out of or related to your use of the Company Content or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Company agree to resolve the Dispute through the dispute resolution procedures set forth herein, even if the Dispute arose prior to the Effective Date of these Terms.  

Informal Negotiation

In the event of a Dispute, you agree to first attempt to negotiate with Company by sending Company a written notice outlining the nature of the Dispute. Company will respond within 45 days so the parties may engage in an information negotiation related to the Dispute. If, within 90 days, the Parties are unable to reach a resolution, arbitration is required, as described below. This informal negotiation period is a condition precedent that must be satisfied prior to filing any arbitration claim. 

Individual Arbitration

YOU AND COMPANY AGREE THAT, IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE OUTLINED ABOVE, SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU AND COMPANY WILL NOT HAVE, AND WE EACH WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY DECIDE THE CLAIMS, AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. Other rights that the parties would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

Any such controversy or claim arising out of or relating to the Terms, 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 thereof. The place of any such arbitration shall be in or near Multnomah County, Oregon. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

Mass Arbitration

This Section on Mass Arbitrations (defined below) supersedes any provision to the contrary in these Terms.  

If you or Company files a demand for Arbitration that is one of fifty (50) or more similar demands for Arbitration filed against the other party (i.e., against you or Company, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the American Arbitration Associaton’s Mass Arbitration Supplementary Rules. 

In the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

CHOICE OF LAW AND FORUM

The Terms shall be governed by the laws of the State of Oregon. You agree to personal jurisdiction therein. 

To the extent that any Dispute is not governed by the Arbitration provision above, you agree that the courts of Oregon will have jurisdiction. You agree that any claims will be brought and maintained on an individual basis and not as part of any class, consolidated, collective, or representative capacity, and that you waive the right to a jury trial.

ENTIRE AGREEMENT

These Terms, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Company with respect to the Company Content. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals Company may have had with you whether electronic, oral or written.

A printed version of these Terms, including the Privacy Policy and Disclaimer, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

SEVERABILITY

If any provision(s) of the Terms 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.

ASSIGNMENT

The Terms may not be assigned by you without Company’s prior written consent; however, the Terms may be assigned by Company in its sole discretion.

CONTACT

All notices with respect to the Terms must be in writing and may be via email to matt@wheatlesswanderlust.com or Company and to your email address.

UPDATED: February 2025