Terms and Conditions
Welcome to the website of InstaFreeze Meals, LLC (“Company”, “we” or “us”). We have developed these Terms and Conditions to govern your use of the Website, www.instafreezemeals.com as well as your use of any other internet services and channels of Company including, but not limited to, our social media and other channels (e.g., Company’s various profiles on Facebook, Twitter, Instagram, and YouTube; emails in response to requests for submissions) (“Other Channels”). We, along with our affiliates, partners and advertisers, provide content and services to you via the Website and Other Channels subject to the following conditions. Your use of the Website and/or Other Channels tells us you have read and agreed to these Terms and Conditions. Please read them carefully. These Terms and Conditions are a binding contract between you and Company, regarding your use of the Website or Other Channels. If you do not agree with any of these terms, please exit the Website and cease use of any Other Channels.
- Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, followers, and customers.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Terms of Sale
i. Meal Subscriptions. We offer different subscription plans for our meal ingredients (each, a “Meal Subscription”). The number of meal servings (i.e., an individual portion of meal ingredients) you receive and the amount you are charged may vary depending on the dietary preferences and other selections you make.
ii. Continuous Subscriptions. WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) INSTAFREEZE MEALS (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU AS PROVIDED IN YOUR MEAL SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEAL SERVINGS YOU RECEIVE MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR APPLICABLE PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR MEAL ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE OR SENDING US AN EMAIL.
iii. Cancellation Policy. YOU MAY CANCEL YOUR MEAL SUBSCRIPTION AT ANY TIME BY EMAILING email@example.com NO LESS THAN FOURTEEN (14) DAYS PRIOR TO THE SCHEDULED DELIVERY DATE AND FOLLOWING THE INSTRUCTIONS IN OUR RESPONSE OR BY CONTACTING CUSTOMER SUPPORT. ANY MEAL ORDER(S) IDENTIFIED AS “PROCESSING” OR “SHIPPED” ON YOUR ACCOUNT PAGE, HOWEVER, CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER IDENTIFIED AS "PROCESSING" OR "SHIPPED" PRIOR TO THE CANCELLATION OF YOUR MEAL SUBSCRIPTION.
In the event you cancel your Meal Subscription, please note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
4b. Non-Subscription Products.
i. Meal Purchases. From time to time we may make certain of our Products available on a non-subscription basis through our Sites (each, a "Meal Purchase").
ii. Parties. Our Parties are available for individuals and groups. Upon scheduling of a Party, you will be required to agree to certain rules regarding food preparation, handling, and storage, as well as other terms and conditions that may be necessary for taking part in a Party.
- Third Party Purchases. From time to time, certain of our products may be offered through a third party. Your use of or interaction with any third party are solely between you and the third party. Instafreeze Meals does not control or endorse, and makes no representations or warranties regarding, any third party. Third parties may impose their own terms, policies or processes ("Third Party Terms"), separate from these Terms, and you should carefully review those Third Party Terms. Your access to and use of such third parties and your acceptance of Third Party Terms is at your own risk.
4c. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Meal Subscription or account, as applicable, you remain responsible for any uncollected amounts and, with respect to your Meal Subscription authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Meal Subscription, purchase of a Non-Subscription Product, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
Notwithstanding anything provided above, for the purposes of this Section any third party purchase will be billed and charged in accordance with the applicable Third Party Terms.
4d. Pricing and Availability
All prices on our Website are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of meal ingredients to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in these Terms.
All of our products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products and to substitute products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality products, and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
We will collect applicable sales, use and other taxes (collectively, "Tax") on products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
4f. Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a product from our Website, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a product for export.
All products purchased from us are made pursuant to a shipment contract. This means that when you purchase a product that is fulfilled by one of our third party fulfillment partners title to and the risk of loss of such product passes to you upon the fulfillment partner’s delivery of such product to the third party courier, and when you purchase a product that is fulfilled by us title to and the risk of loss of such product passes to you upon the third party courier’s delivery of such product to you.
Notwithstanding anything provided above, for the purposes of this Section 4(f), shipping and handling for any third party purchase will be made in accordance with and subject to the applicable Third Party Terms.
You are responsible for inspecting all products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the products you receive. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any other product in your delivery or purchase is not suitable for consumption, contact us at email@example.com. To maintain the quality and integrity of the products, we recommend that you immediately freeze all perishable products upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on food safety. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
If you are not at home when your meal delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. Our meal ingredients may be packaged with insulated liners and dry ice and will typically remain frozen throughout the shipping process, but depending on the season and the temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meal ingredients prior to consumption. Information regarding freezing will be included in the shipment. In certain areas, you may be able to provide additional delivery instructions when setting up your Instafreeze Meals account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your meal ingredients is not feasible, we may cancel your meal delivery for the period so affected and issue you a Credit (as defined below) or refund of the purchase price for that meal delivery.
4h. No Resale
You are not permitted to resell or otherwise use the products for commercial purposes.
4i. Returns, Replacements, Refunds, and Credits
If you are dissatisfied with a meal or meal ingredient ordered on our Sites for any reason, please contact us at firstname.lastname@example.org within seven (7) days of the date you received the meal. Depending on the circumstances, we may, in our sole discretion, replace the meal or meal ingredient at our expense, provide you with a full or partial refund of the purchase price for that meal or meal ingredient, or provide you with Credits for that meal or meal ingredient that will automatically be applied to future deliveries. Notwithstanding the foregoing, Credits for certain types of products may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance.
We may require the return or photographic documentation of any product that you are dissatisfied with before we provide you a refund, replacement, or Credit.
Credits only remain available if you maintain a valid Instafreeze Meals account. That means that if you cancel your Instafreeze Meals account any outstanding Credits associated with your cancelled Instafreeze Meals account will immediately expire. You may only redeem Credits after they are applied to your Instafreeze Meals account. If for some reason you believe that there is a discrepancy regarding your Credit balance, please contact us at email@example.com. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
- Intellectual Property Rights
The Website and Other Channels and entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of recipes and a reasonable number of other pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Website or Other Channels.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Company name, the term “InstaFreeze Meals”, the Company logo and all related names, logos, product and service names, and designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,'' “chain letters” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website and/or Other Channels in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website and Other Channels, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website and Other Channels.
- Use any manual process to monitor or copy any of the material on the Website and Other Channels or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website and Other Channels.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website and Other Channels.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website and Other Channels.
- User Contributions
The Website and Other Channels may, from time to time, contain message boards, chat areas, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website and Other Channels.
Any User Contribution you post to the Website and/or Other Channels will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and/or Other Channels, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website and Other Channels.
- Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and Other Channels.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review or moderate any material before it is posted on the Website and Other Channels, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Copyright Infringement
InstaFreeze Meals, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
InstaFreeze Meals, LLC
Attention: DMCA Agent
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Reliance on Information Posted
The information presented on or through the Website and Other Channels is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitors to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
- Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time in our discretion and without notice.
- Links from the Website and Other Channels
If the Website and Other Channels contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or Other Channels, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Website is based in the state of Utah in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND OTHER CHANNELS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND OTHER CHANNELS IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Dispute Resolution and Class Action Waiver
Please Read This Provision Carefully. It Affects Your Legal Rights. This “Dispute Resolution and Arbitration; Class Action Waiver” provision (“Provision”) facilitates the prompt and efficient resolution of any dispute, claim, or controversy, whether based in contract, statute, regulation, ordinance, tort—including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence—or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Company (collectively, a “Dispute”). The term “Dispute” shall be given the broadest meaning enforceable by law and include any claims against other parties relating to Services or Products provided or billed to You (such as Company licensors, suppliers, dealers, or third-party vendors) whenever You also assert claims against Company in the same proceeding. This Provision provides that all Disputes between You and Company that cannot be resolved by agreement using good faith efforts within 60 days shall be resolved by binding arbitration because acceptance of these terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney’s fees). ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. BOTH YOU AND COMPANY AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Company opportunity to resolve the Dispute, which shall first be done by mailing Company by first-class United States mail to: InstaFreeze Meals, LLC 2453 South Wildcat Way, Ste E. Woods Cross, UT 84010, ATTN: Legal Department “INFORMAL DISPUTE RESOLUTION, with the following information: (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief sought. If the Parties do not resolve the Dispute within 60 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your Dispute only under the circumstances described herein.
Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either You or Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class action, representative action, or group or consolidated or coordinated arbitration that includes claimants other than yourself. All issues shall be for the arbitrator to decide, including the scope of this Provision. For arbitration before AAA the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. In addition, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action, representative action, or group or consolidated or coordinated action procedures or rules apply to the arbitration. Because the Agreement concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Each party to bear their own costs and fees for Arbitration
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and any limitations provided by these Terms, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing and with a written statement of decision, signed by the arbitrator, which includes a determination of all the questions submitted to the arbitrator, the decision of which is necessary to determine the controversy. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or applicable state law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or Company may initiate arbitration in either Woods Cross, Utah or the nearest major city for conducting such an arbitration proceeding.
Except as otherwise provided in this Provision, the arbitrator may not consolidate or coordinate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action) unless both You and Company specifically agree in writing to do so following initiation of the arbitration.
There is no jury in an arbitration, and the arbitration is not conducted in a public court. You understand and agree that by accepting this Provision in this Agreement, You and Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited in arbitration or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of this Agreement. Notwithstanding any provision in this Agreement to the contrary, Company agrees that if it makes any change to this Section 20 Dispute Resolution provision (other than a change to the Notice Address), You may reject any such change and require Company to adhere to the language in this Provision if a Dispute arises.
- Governing Law and Jurisdiction
The Federal Arbitration Act, applicable U.S. federal law, and the internal laws of the State of Utah, without regard to its choice of law or conflict of laws provisions, will govern these Terms. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the Website, the Other Channels, or the Services will be heard in the courts located in Salt Lake City, Utah.
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
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