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TERMS OF SALE

This page provides the terms of sale and purchase for Calorie Count paid digital products (the "Terms of Sale") including the Calorie Camp premium subscription service or any other paid digital product, subscription or service (the "Service") offered by Calorie Count ("Calorie Count" or "we" or "us"). We reserve the right, in our sole discretion, to change, add or remove provisions of these Terms of Sale at any time. You should check these Terms of Sale periodically for changes.

By using Calorie Count products, including the Calorie Count website, you are agreeing to our User Agreement. Use of your information by Calorie Count will be governed by our Privacy Policy.

  • 1. GENERAL TERMS OF SALE
    • 1.1. Who May Use the Service
    • 1.2. About Digital Products
    • 1.3. Creating an Account
    • 1.4. Processing Payment
    • 1.5. Pricing
    • 1.6. Billing
      • 1.6.1. Digital Subscriptions; General Terms
    • 1.7. Unpaid Charges
    • 1.8. Promotions
    • 1.9. Third Parties
  • 2. CANCELLATION AND REFUND POLICY FOR DIGITAL PRODUCTS
    • 2.1. Cancellation and Refunds of Digital Subscriptions; General Terms
    • 2.2. Non-Subscription Purchases
 

1. GENERAL TERMS OF SALE

1.1. Who May Use the Service

You must be at least 18 years old to use the Service.

Parents and guardians, you are responsible for monitoring and supervising your child's use of the Service. If your child using the Service is under 18, please contact our Customer Care Group immediately so that we can disable his or her access.

The availability and use of the Service may be limited based on demographic, geographic, health or other criteria we may establish from time to time. You understand and agree we may disallow you from subscribing to the Service or may terminate your subscription at any time based on these criteria. You must be a United States resident to use the Service.

1.2. About Calorie Count Digital Products

The use of the Calorie Count Website is free, and the Calorie Count app is free to download. You are not required to purchase anything in order to use the Calorie Count Website or the Calorie Count apps. A paid subscription is required to use the Service.

Calorie Count reserves the right to modify the Service and availability of the Service at any time. For details about your purchases, including payment methods and billing cycles visit the My Account area of Calorie Count or contact our Customer Care Group.

1.3. Creating an Account

Only one person may use each account or accounts (user name and password) associated with a purchased product, unless we agree otherwise. You agree not to assign, transfer or sublicense your rights as a subscriber. You agree to be financially responsible for your subscription.

You agree to provide us with true, accurate and complete information as required by the account sign-up process, including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your account information with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update your account information and any other information you provide to us.

If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Services (or any portion thereof).

1.4 Processing Payment

You agree to pay all fees, applicable taxes, and other charges and fees incurred in order to use or access the Service. You will pay using a valid credit card (or other form of payment which we may accept from time to time). Each time you use the Service you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your subscription.

Your payment will be processed promptly by a third-party credit card processor (Chase Paymentech). Your data is stored on their servers and is subject to their privacy policy. All personally identifiably information collected through the course of registering to purchase a subscription will only used to fulfill your purchase (e.g., to process credit card payments in connection with your premium service).

We reserve the right to reject any order or purchase at any time.

Contact our Customer Care Group if you believe your access was terminated in error.

Unless specified otherwise in the Cancellation and Refund Policy, all charges are nonrefundable.

To view or change your payment method, visit the My Account area of Calorie Count.

1.5. Pricing

When you purchase your subscription to the Service, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

All prices are in United States Dollars.

Calorie Count reserves the right to change prices and fees at any time. We will notify you in advance if the amount charged to your credit card will change from what was stated at the time of your order.

Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.

If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

Additional Costs

When you use the Service, you may incur other additional charges, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

If you believe someone else has used your account or you are being charged for a product you do not have, please contact Customer Care Group.

1.6. Billing

1.6.1. Digital Subscriptions

You are charged for the Services in advance. We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue on a monthly basis.

To view information about your billing cycle, visit the My Account area of Calorie Count.

Automatic Renewals

Subscriptions are renewed automatically every month. When we renew your subscription, we will use the payment method currently associated with your account. You can view your payment method at any time in the My Account area of Calorie Count.

You will not be notified in advance of impending renewals. Please see our Cancellation and Refund policy below for information about canceling.

1.7. Unpaid Charges

If your credit card expires or your payment method is otherwise invalid, your subscription or product will not automatically be terminated and you will remain responsible for all charges.

You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.

1.8. Promotions

We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.

You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for the related subscription or purchase that will begin at the end of the promotional period. We will not notify you in advance that the promotion is about to end. To cancel and avoid being charged, you must notify us before the promotion ends.

1.9. Third Parties

If you have purchased your subscription through a third party, these Terms of Sale may not apply to you. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly.

2. CANCELLATION AND REFUND POLICY FOR DIGITAL PRODUCTS

2.1. Cancellation and Refunds of Digital Subscriptions; General Terms

You can cancel your subscription by visiting the My Account area of Calorie Count or contacting Customer Care Group.

Unless otherwise stated, our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged used the Services), are nonrefundable.

Billing Cycles

When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.

Cancellations are effective the following billing cycle and must be completed by 12AM EST before your next billing date. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Changes to Content or Access

We reserve the right to make changes to the Services at any time. If we temporarily reduce or eliminate the charge for the Services that you are currently paying, you will not receive a refund.

Cancellations by Us

We reserve the right to cease providing the Services at any time for any reason and we reserve the right to suspend or terminate your subscription for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our Services are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

2.2. Cancellation and Refunds of Non-Subscription Purchases

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Changes to Content or Access

We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

If any or all of our Services are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.