The term “BonCalme” or “us” or “we” refers to the owner of the Site, BonCalme.com, Co., a South Dakota LLC. The term “you” refers to the user or viewer of our Site or any of the Services.
Your continued use of our Site and Services following BonCalme.com’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms, do not continue to use the Services or this Site.
Age: Our Site and Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use this Site and our Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Your Warranties About Use: You warrant to us that you will not purchase any products through the Site which may be harmful based on your allergies (including, without limitation, allergies to dairy, wheat, peanuts, or gluten ) and/or other medical conditions.
You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.
Password: BonCalme.com may assign, or require that you have, a password and username to enable you to use and access certain portions and features of this Site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our Site.
You agree to immediately notify BonCalme.com of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that BonCalme.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Termination of Service: BonCalme.com reserves the right to refuse service to anyone for any reason, terminate accounts, remove or edit content, limit, condition or cancel orders in its sole and absolute discretion. Without limiting the foregoing, BonCalme.com may, but is not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. BonCalme.com will not be liable to any Buyer: (i) if BonCalme.com does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason or (ii) if BonCalme.com cancels from a transaction.
Users – Health and Wellness
By using this website and/or purchasing any of our Programs, Products, and/or Services, you are voluntarily agreeing to this Disclaimer, and you are legally agreeing that you have read, understand, and fully consent to our terms. If you have any questions about any of these Disclaimer terms, please contact us at INFO@BONCALME.COM before using our Website, or purchasing any of our Programs, Products, and/or Services.
By entering this website, or purchasing or using our blog, e-mails, videos, programs, services, and/or products from or related to BONCALME.COM or FODMAPLIFE.COM if you do not agree to the disclaimer below, STOP now, and do not use our website blog, e-mails, social media, videos, programs, services, and/or products (collectively “Website, Programs and Services”).
The information presented on this web site is not intended to take the place of your personal physician’s advice and is not intended to diagnose, treat, cure or prevent any disease. Discuss this information with your own physician or healthcare provider to determine what is right for you. All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. Should you have any health care-related questions, call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here by any of the contributors.
License & Site Access
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by BonCalme.com.
You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the Site on any other server.
You many not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BonCalme.com all of the license rights granted herein; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under U.S. or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.
We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of BonCalme. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, BonCalme is not undertaking any obligation or liability relating to the content. BonCalme and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. BonCalme and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, BonCalme reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
As a Content Contributor, You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless BonCalme and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Links to Third Party Sites
BonCalme.com, the circular ocean logo, and other BonCalme.com and/or FODMAP Life graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BonCalme.com LLC in the U.S. and/or other countries. BonCalme.com trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit BonCalme.com.
Other than user uploaded content, all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BonCalme.com or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of BonCalme.com and protected by U.S. and international copyright laws.
Reviews & Comments
Users may post reviews on the Site. Anything that you submit or post to the Site and/or provide us (the “Submissions”), is and will be treated as non-confidential and non-proprietary, and you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, modify, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You may edit or delete such submissions using the tools provided to you by us on the Site.
In addition, when you post Submissions to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on our Site and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us, our affiliates or third parties as to the origin of any Submissions. We have the right, but shall not be obligated to, remove or edit any Submissions for any reason in its sole and absolute discretion.
If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from a Seller, BonCalme.com has the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If the order has been cancelled or refused after a credit card has been charged for the purchase, BonCalme.com will issue an immediate and full refund for the transaction amount to the credit card charged.
Disclaimer, No Warranty and Limitation of Liability
The Site, the Services and the products purchased by you are provided on an “as is” basis. BonCalme.com makes no other representations or warranties of any kind, express, implied or statutory. BonCalme.com, and its subsidiaries, affiliates, officers, directors, employees, shareholders, agents, merchants and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you fromBonCalme.com shall create any warranty. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, BONCALME.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS SPECIFICALLY DISCLAIM ALL LIABILITY RESULTING FROM PERSONAL INJURY AND/OR DEATH RESULTING FROM, OR ARISING OUT OF, YOUR USE OR CONSUMPTION OF PRODUCTS OBTAINED FROM SELLERS THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES. Such disclaimer shall include, without limitation, mislabelling of products and/or ingredients. In any such situation, your sole recourse shall be against the Seller who supplied you with the product through our Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the Site or the Services, and operation of the Site may be interfered with by numerous factors outside our control.
Limitation of Liability
BONCALME’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BONCALME’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OR SELLERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO BONCALME FOR THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Site or in connection with the Services any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any content on the Site may give rise to copyright infringement, please provide BonCalme.com with the written information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;
- Your address, telephone number, and e-mail address;
- A 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;
- A 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.
- Please send notices to INFO@BONCALME.COM
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Resolution of Disputes and Release
In the event a dispute arises between you and BonCalme.com, please contact us at INFO@BONCALME.COM
Should you have a dispute with one or more users, a Seller, or an outside party, you release BonCalme.com (and BonCalme.com officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
BonCalme.com, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
All notices to users (including Sellers and Buyers) will be sent by e-mail or will be posted on the Site. We will send notices to users at the e-mail address maintained in BonCalme.com records for the user, which the Sellers can update using their Seller Admin pages and Buyers can update by logging into their account and editing their information. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.
If you have any questions, you can contact BonCalme.com at INFO@BONCALME.COM
Data We Collect
You may browse the Site without revealing personally identifiable information about yourself. Once you choose to register for an account or to make a purchase, you are not anonymous to us. By choosing to register for an account or by making a purchase, you consent to the transfer and storage of your account information.
We may collect and store the following information:
- Email address, physical contact information, and financial information, such as credit card or bank account numbers
- Shipping, billing and other information you provide when purchasing a product
- Transactional information based on your activities on the Site
- Correspondence through our Site, and correspondence sent to us
- Information from your interaction with our Site, including computer and connection information, page views statistics, IP address and standard web log information;
- Supplemental information from third parties (for example, results of credit checks from a credit bureau, as permitted by law).
How We Use the Data We Collect
Our primary purpose in collecting personal information is to provide you with a safe, efficient, and customized experience. You agree that we may use your personal information to:
- Provide the services and customer support you request
- Resolve disputes, collect fees, and troubleshoot problems
- Customize, measure and improve our services and content
- Offer targeted marketing, service updates, and promotional offers based on your preferences
- Compare your information for accuracy, including verification with third parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Site and services.
BonCalme.com will send you an email when you register to welcome and confirm your account. Receipt of this email may be required for using our services.
BonCalme.com may send you service-related announcements when it is necessary to do so. You may not opt-out of service-related communications which are not promotional in nature. If you do not wish to receive them, you can deactivate your account by emailing INFO@BONCALME.COM from the email address you used to register with our Site.
Cookies are small data files (which often include an anonymous unique identifier) that are sent to your browser from a web site’s computers and stored on your computer’s hard drive.
You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject cookies, you may not be able to use certain features or functionalities that require you to “sign in” and you may not be able to take full advantage of our services.
Sharing and Disclosing Your Information
Information about our customers is an important part of our business, and we are not in the business of selling it to others.
- Affiliated Businesses We Do Not Control: We work closely with affiliated business and other third parties, such as those that sell products through our Site. Due to the nature of our business model, when an affiliated business is associated with your transaction, you will share customer information that is related to such transaction with that affiliated business.
- Third-Party Service Providers: We use other companies and individuals to perform functions on our behalf such as processing credit card payments, analyzing data, providing customer service, and handling disputes. They have access to personal information needed to perform their functions but may not use it for other purposes.
has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any BonCalme.com user to your email or physical mail list.
Information Sharing and Disclosure
Without limiting the above, in an effort to respect your privacy and BonCalme.com’s ability to keep the Site free from bad actors, BonCalme.com will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order, legal process, or substantially similar legal procedure, except when BonCalme.com believes in good faith that the disclosure of information is necessary to protect BonCalme.com’s rights, prevent imminent physical harm or financial loss, or to report suspected illegal activity.
This document addresses only the use and disclosure of information BonCalme.com collects from you. If you disclose your information to others, whether they are affiliated third party businesses, individuals or users on our site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. BonCalme.com transmits credit card information using SSL to the appropriate credit card company during order processing. Although we follow generally accepted industry standards to protect the information submitted to us, transmitted by us, and stored by us, we cannot guarantee its absolute security.
It is important for you to protect against unauthorized access to your password and to your computer. You are responsible for all actions made from your account. Do not share your password with anyone, and be sure to sign out of your account when finished using a shared computer.
Editing Account Information
You can see, review and change most of your personal information by signing onto your BonCalme.com account. As general practice, we will not manually modify your personal information. You must promptly update your personal information if it changes or is inaccurate.
If you have questions or suggestions you can contact us at INFO@BONCALME.COM.