Terms of service

Terms & Services

(Last Revised: September 7, 2023)

These terms and conditions govern your use of this web site at avajaneskitchen.com.  By accessing this web site, you are acknowledging and accepting these terms and conditions.  These terms and conditions are subject to change by Ava Jane’s Kitchen LLC (hereinafter “Company”, “We”) at any time and at our discretion without notice.  Except as specified elsewhere herein, your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.  If you do not agree with the terms and conditions, please do not use or access the web site.

Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

1. INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.

2. ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

3. PAYMENT TERMS AND REFUND POLICY

Payment Methods

We accept the following credit cards: Visa, American Express, MasterCard, and Discover & PayPal. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed immediately upon purchase.

C. Recurring Subscriptions

If you sign up for a subscription, you hereby authorize the charge indicated on the checkout at the time of purchase. Monthly scheduled charges will be made to your credit card on file unless you initiate cancellation. Amounts are detailed on the checkout at the time of purchase.

Your rebill date will be on the same day of the month as when you initially placed your order with COMPANY.  If your card on file is declined for any reason, COMPANY will attempt to re-run the charge for the card on file up to four (4) more times within the following nine (9) days. If COMPANY has run your card four (4) times with no success, your subscription will be cancelled.

Customers wanting to cancel the subscription service must cancel the subscription by sending an email to support (info@avajaneskitchen.com) with your email address and order number so COMPANY can find your order.

You must submit your request for cancellation at least 5 business days before your next rebill date to avoid the subscription being processed for another month.

COMPANY reserves the right to change the features of the subscription offer at any time.

E. Subscription Refund Policy

If you would like to refund a subscription order, we can give you a 100% refund immediately via in-store credit or equivalent value store coupon. You get to keep the product as FDA guidelines do not accept any returns of food products. This credit does not expire and can be used for new purchases on our web store. It cannot be applied to auto-orders or past orders. 

This credit or coupon code can be used once per customer.


G. General Refund Policy And Damaged Goods

Items that were purchased through COMPANY site can be refunded within 30 days of purchase for a full refund.  We are not responsible for the cost of return shipping if item is returned. Payments made with a credit card will be refunded to the card used for your order.  Refunds will not be honored after 30 days.

Damaged and wrongly shipped items may be replaced or refunded within 30 days at no cost to the purchaser unless there are reasonable circumstances why this cannot be done. In the event you purchase Products that are subject to any limited guarantee based on express language on the Websites (e.g., “30-Day Money Back Guarantee”), such guarantee, if applicable, shall be limited solely to those Products purchased on the Online Shop and shall not apply to any other products purchased in any other store, account, site, location or channel.  For purposes of calculating the relevant time period, the applicable date shall be the date of purchase unless stated otherwise. Any eligible refunds will be paid using the same payment method as the initial purchase.

4. PRODUCT DELIVERY / CONDUCT

  1. Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
  2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
  3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
  4. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  5. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased.  In such instances, you agree not to share the download link with other people who did not purchase the product(s).
  6. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
  7. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
  8. We reserve the right to discontinue or modify without notice or liability, any portion of this web site.  However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered.  If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
  9. You affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism.  You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate. Company further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
  10. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
  11. You agree and understand that any information you disclose on any open forum hosted by Company may be used and viewed by other parties than Company.  Company cannot ensure or warrant the security of any information you transmit to Company, and you do so at your own risk.
  12. Please do not send any confidential or proprietary information to Company unless specifically requested by Company.  Any such unsolicited information or material sent to Company by you will not be deemed confidential or proprietary. Furthermore, you agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.

5. PRIVACY

Please read the Privacy Policy carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users.  The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

6. THIRD PARTY REFERENCES / HYPERLINKS

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

7. CONTACTING US

If you need to contact us, you can email us at info@avajaneskitche.com, or send us a letter at: Ava Jane’s Kitchen LLC, PO Box 297, Bend, OR  97709.

8. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

10. INDEMNIFICATION

Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.

11. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware. You hereby consent to binding arbitration in the State of Delaware to resolve any disputes arising under this Terms and Conditions.

13. ARBITRATION OF DISPUTES

Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in [what County in Delaware do you prefer?].  The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of the  [what County in Delaware do you prefer?].  In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery.  Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEB SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.  YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER.  YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.

14. CLASS ACTION WAIVER

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

15. ATTORNEYS’ FEES

In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).

16. TESTIMONIALS AND RESULTS DISCLAIMER

In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please note the following:

The weight loss testimonials presented apply only to the individuals depicted, cannot be guaranteed, and should not be considered typical. Every testimonial on this website is from a real customer who used an Ava Jane’s Kitchen product, and/or nutrition advice listed on the website.

What You Might Expect:

Typical weight loss is 1 to 2 pounds per week when someone consistently practices healthy eating and activity levels. If one does not practice regular healthy eating, no results should be expected. Results may vary from person to person based on body size and other factors. Faster fat loss is possible, but not likely. Any dramatic body transformations will take dietary discipline and regular physical activity.

17. HEALTH INFORMATION DISCLAIMER

Any medical or health-related information provided in this web site is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.  Please consult your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the web site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

The statements on the web site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.

  1. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.