These Terms of Service ("Terms") form a legal agreement between you and FERMENTED & DISTILLED LLC ("Company," "we," "our," or "us") governing your access to and use of https://fermentationfestival.com (the "Site") and any subscription or product we offer through the Site under the brand name Fermentation Festival Recipes. By creating an account, subscribing, placing an order, or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account, purchase a subscription, or place an order. By using the Site you represent that you meet this requirement and that the information you provide is accurate.
2. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@fermentationfestival.com if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms.
3. Subscription Plans, Trials, and Auto-Renewal
3.1 Plans. We offer a Monthly plan at $6.99 per month and an Annual plan at $79.99 per year (collectively, "Membership"). Prices are in US dollars and exclude any taxes that may apply.
3.2 Free trial. New members are eligible for a one-time 30-day free trial. You must provide valid payment information to start the trial. We will email you no fewer than three days before your first paid charge. If you do not cancel before the trial ends, you authorize us to charge your payment method for the plan you selected.
3.3 Auto-renewal in plain language. By subscribing you authorize us to automatically charge your payment method on each renewal date until you cancel. Monthly plans renew every month. Annual plans renew every year. Renewal pricing will be at the then-current rate, which we will disclose in advance if it changes. You may cancel at any time, and cancellation takes effect at the end of the then-current billing period. After cancellation you continue to have access until the end of that period.
3.4 Cancellation. You can cancel any time by emailing info@fermentationfestival.com or through your account page. Cancellation stops future charges. We do not pro-rate partial billing periods unless required by law.
3.5 Refunds. See our Refund Policy, which is incorporated into these Terms by reference. We offer a 30-day money-back guarantee on the first paid charge for Membership.
4. Store Orders
Product descriptions, prices, and availability are subject to change without notice. We reserve the right to limit quantities, refuse or cancel orders, and correct pricing or description errors. Risk of loss and title pass to you on delivery to the carrier. Standard shipping is free on orders over $75 within the contiguous United States and a flat $6.99 below that threshold. Most orders ship in 1 to 2 business days and arrive in 3 to 5 business days.
5. Acceptable Use
You agree not to: (a) copy, redistribute, or commercially exploit recipes or other content from the Site without written permission; (b) share your account credentials or member-only content with people outside your household; (c) use the Site to transmit malware, phishing material, or other harmful content; (d) attempt to access non-public areas of the Site, probe vulnerabilities, or interfere with operation of the Site; (e) use automated tools to scrape content beyond what is permitted by our robots.txt; or (f) use the Site in violation of any applicable law.
6. Intellectual Property
All recipes, photographs, text, graphics, logos, and software on the Site are owned by the Company or our licensors and are protected by copyright, trademark, and other laws. You receive a personal, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial use only. Photographs displayed on the Site are licensed from third parties and are used for illustrative purposes.
7. User Content
If you submit feedback, comments, or other materials to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, and publish those materials. You represent that you have the rights necessary to grant this license and that your submissions do not violate any law or third-party right.
8. Disclaimers
The Site, recipes, and products are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. Recipes and nutrition information are provided for general information only and are not medical or dietary advice. See our Disclaimer for additional terms.
9. Limitation of Liability
To the fullest extent permitted by law, in no event will the Company, its affiliates, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to your use of the Site, even if advised of the possibility of such damages. Our total liability for any claim arising out of or related to these Terms or the Site will not exceed the greater of (a) one hundred US dollars ($100) and (b) the amount you paid us in the twelve months preceding the event giving rise to the claim. Some jurisdictions do not allow limitations on certain damages, so these limitations may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and our affiliates from any claim, demand, loss, or expense, including reasonable attorney fees, arising out of your use of the Site, your User Content, or your violation of these Terms or applicable law.
11. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Subject to Section 12, any action arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction and venue there.
12. Binding Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any subscription or order ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual action in small-claims court for qualifying claims. Arbitration will be conducted in English in Miami-Dade County, Florida, or by phone or video where permitted by the rules. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. YOU AND THE COMPANY EACH AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class action waiver is found unenforceable, then the entirety of this Section 12 will be null and void as to that Dispute.
30-day opt-out. You may opt out of this arbitration agreement by sending a written notice to info@fermentationfestival.com within 30 days of first creating an account. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other part of these Terms.
13. Changes to These Terms
We may modify these Terms from time to time. We will post the updated version on this page and revise the "Last updated" date. Material changes will be communicated through the Site or by email. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
14. Termination
We may suspend or terminate your access to the Site or your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, the Company, or third parties. Sections that by their nature should survive termination will survive.
15. Miscellaneous
These Terms, together with the policies referenced here, constitute the entire agreement between you and the Company regarding the Site. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our written consent; we may assign them freely. These Terms do not create any agency, partnership, or joint venture.
16. Contact Us
FERMENTED & DISTILLED LLC
1455 N Treasure Drive, 7M, Miami, FL 33141
Email: info@fermentationfestival.com