Terms of Service

These Terms of Service ("Terms") govern your use of Winding Creek Ranch, located at windingcreekranch.org (the "Website"). The Website is owned and operated by 1564270 Alberta Ltd.

By accessing or using the Website, you agree to these Terms. If you do not agree with these Terms, you must not use the Website.

Use of the Website

The Website provides recipes, cooking information, food-related content, and other informational and educational materials.

You agree to use the Website only for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or interfere with the use and enjoyment of the Website by others.

Your use of the Website and its content is also subject to our Disclaimer, which contains important information regarding recipes, nutrition information, and your responsibility when using information provided on the Website.

Intellectual Property

Unless otherwise stated, the content on this Website, including recipes, written content, photographs, graphics, videos, logos, and other original materials, is owned by 1564270 Alberta Ltd. and/or Winding Creek Ranch and is protected by applicable copyright and intellectual property laws.

You may access and use the Website and its content for your personal, non-commercial use.

You may not reproduce, republish, distribute, sell, scrape, modify, create derivative works from, or commercially exploit Website content without prior written permission, except as otherwise permitted by applicable law.

Third-Party Links

The Website may contain links to third-party websites, products, or services.

We do not control third-party websites and are not responsible for their content, availability, privacy practices, products, or services.

Your use of third-party websites is subject to the terms and policies of those third parties.

Affiliate Links and Advertising

The Website may participate in affiliate marketing programs. This means we may earn a commission when you make a purchase through certain links on the Website, at no additional cost to you.

The Website also displays advertising provided by third-party advertising partners.

Please review our Privacy Policy and Disclosure Policy for additional information regarding affiliate relationships, advertising, and data practices.

Binding Arbitration ("Arbitration Agreement")

a. Applicability of Arbitration Agreement

You agree that any dispute or claim against us, or our vendors or service providers (collectively, "We" or "Us"), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute.

This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below).

If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process

To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to:

Winding Creek Ranch
444 Alaska Avenue, Suite #BSP851
Torrance, CA 90503 USA

You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein.

The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and Procedures. All other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures.

JAMS's rules are available through JAMS or by calling JAMS at 800-352-5267.

If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location.

We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees

If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you.

If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys' fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.

The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.

The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement).

The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial

You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.

You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above.

An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions

Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user.

In the event that this subparagraph is deemed invalid or unenforceable, neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration

You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately thirty (30)-day period (or otherwise in close proximity), regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section.

If the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration, the arbitrator may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed, or as otherwise deemed by the arbitrator to be practicable, equitable, and in keeping with the spirit of this provision (either structure a "Batch Arbitration").

You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival

This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification

Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which you had already provided notice to Us.

These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Website.

By using this Website, you hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy, including any links to other policies therein.

You can exercise applicable privacy choices regarding the use of your data for cross-context behavioral advertising by following the opt-out instructions in our Privacy Policy or using the privacy choices provided on the Website.

Limitations on Liability

You understand and agree that, to the maximum extent permitted by applicable law, we or our vendors or service providers (collectively, "we" or "us") shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your access to, use of, or inability to access or use the Website.

In no event shall the aggregate liability exceed one hundred Canadian dollars (CAD $100). These limitations shall apply to any theory of liability, whether based on warranty, contract, statute, tort, or otherwise, whether or not the parties have been informed of the possibility of such damage, and even if a remedy described herein is found to have failed its essential purpose.

Privacy

Your use of this Website is also subject to our Privacy Policy. Please review the Privacy Policy for information about how personal information and other data may be collected, used, and shared.

Changes to These Terms

We may update these Terms from time to time.

Any changes will be posted on this page with an updated "Last updated" date.

Your continued use of the Website following the posting of revised Terms constitutes acceptance of those revised Terms to the extent permitted by applicable law.