READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF ITS FUNCTIONALITY. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
INFORMATION, STATEMENTS AND REVIEWS FROM ONLINE SUBSCRIBERS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE CANADIAN FOOD INSPECTION AGENCY. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURATE OR INCORRECT. FOODFUND ASSUMES NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH FOODFUND. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
FoodFund may modify, suspend, or discontinue any part or all our Sites or our services at any time and without notifying you. We also reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the end of these Terms and, if you are a subscriber to our service, you will be required to accept the new Terms. By continuing to access or use the Sites or order, receive or use products, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the products.
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Sites and to use the services available through the Site; your right to use such Sites and services is conditioned on your compliance with these Terms. You have no other rights to the Sites, services, and/or any of the materials displayed or made available through the Sites and services, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of this Sites or portions thereof in any manner.
A breach or violation of any of the Terms will result in an immediate termination of your account and associated services.
SECTION 1 – USING THE SITES
By using any Site, you represent that you are at least the age of majority in your state or province of residence, or if you are under the age of majority in your state or province of residence (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
In order to access certain password-restricted areas of the Sites and to purchase Subscriptions to receive our products, you must successfully register an account with us. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Sites as well as paying related charges. It is also your responsibility to maintain the confidentiality of your account password. Should you believe your password
or security for your account has been breached in any way, you must immediately notify us.
By creating an FoodFund account, you also consent to receive electronic communications from FoodFund (e.g., via email). These communications may include notices about your account (i.e., an email to customize your box each week) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your mobile phone number to us through the site or in connection with your order, receipt or use of our service, you consent to receive calls or text messages at any such phone number placed by or on behalf of FoodFund, including autodialed calls and/or text messages, for operational or transactional purposes, such as updates on the delivery status of your order, billing issues, or customization reminders. You may opt out of calls or text messages at any time by reaching to our Customer Care team. To reach out, submit a completed form on our Contact page and a Customer Care Associate will respond to your query. Following such opt-out, you may continue to receive calls or messages for a short period of time while FoodFund processes your request. Please note, FoodFund may send you one additional message to confirm your opt-out. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply. For details about data rates please contact your mobile phone carrier.
SECTION 2 – PAYMENT AND BILLING INFORMATION
You agree to pay the price applicable for all products you order and you agree to pay all applicable fees, including but not limited to delivery fees and taxes related to your use of our Sites and services. We may suspend or terminate your account and/or access to our services if your payment is late and/or your credit card cannot be processed. By providing a credit or debit card, 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 canceled.
From time to time, FoodFund may offer a free trial. If you sign up for a free trial, your credit card will be billed once the free trial has expired, unless you cancel your subscription prior to the end of such free trial. See Section 7 for instructions on canceling.
All promotions, trials, credits, coupons, and discounts for free or discounted Orders are only allowed to be used once per person and may not be combined unless otherwise indicated in a promotional offer.
PLEASE NOTE: This is a recurring subscription. You understand that, until you terminate your subscription, your subscription will automatically renew. You expressly agree that Your payment method on file will be charged as long as you have an active Order in your cart. If you cancel an Order or terminate a subscription any fees charged prior to the effective date of cancellation/termination or orders placed prior to cancellation/termination, will not be refunded. See Section 7 for instructions on canceling or suspending your account and/or Order.
On the day following your delivery or prior to delivery, we will attempt to bill your account for the most recent Order, and for any outstanding balances on your account. If your credit or debit card cannot be immediately processed for any reason, we may make multiple attempts to process any payment due until the payment is successfully processed.
SECTION 3- PRICING AND AVAILABILITY
When you sign up for a produce box subscription, you are agreeing to pay the total amount of the subscription, which may change weekly, and which depends on the particular items in your subscription box. You may choose to add additional non-produce and produce products offered for sale to your base produce box subscription during your established customization window. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice. You can view the total amount of the order by logging into your Account Dashboard. The total amount charged for your box includes the price of the individual produce items and non-produce items, plus any base-price fees for the box, delivery fees, other fees, and any applicable taxes.
Although we make every effort to maintain the accuracy of information maintained on our Sites, including pricing information and product details, occasionally pricing or other information errors may occur. If any product is listed at an incorrect price or with other incorrect information, we reserve the right to decline or cancel any such Orders, whether or not the order has been confirmed and/or your credit card charged.
SECTION 4 – DELIVERIES
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. You should properly store (including refrigeration when applicable) all items you receive. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door, or in your building’s lobby, at its front desk, or in its mailroom,
etc. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the products under all of the same terms and conditions that would apply had you accepted the delivery yourself. If you do not receive your delivery, if you are missing items, or if you are not completely satisfied with your order, please contact our Customer Care team within 24 hours. To contact, submit a completed form on our Contact page and a Customer Care Associate will respond to your query to resolve the issue.
We are not responsible for (i) items delivered to incorrect addresses supplied during ordering; (ii) delivery issues and quality issues arising from the recipient not being present at the time of delivery at the address supplied during ordering; (iii) decreased product quality due to an incorrect delivery address supplied during ordering, or a re-route requested by the recipient; (iv) product quality problems caused by improper handling by the recipient.
There may be some instances, as a result of inclement weather, natural or national disaster, or other unforeseen circumstances, that your delivery cannot be made on your assigned delivery day. In those cases, we will make our best effort to deliver your order as close as possible to the assigned delivery day. In the case that we cannot deliver your box at all, we will notify you and credit your account for the missed delivery if necessary.
From time to time, FoodFund may offer pick-up sites. For any customers who are assigned to a pick-up site: Any orders not picked up during the time window of the pick-up site will be forfeited by the customer and become the property of FoodFund. FoodFund may donate the box, or use the box and its content at FoodFund’s discretion, as it sees fit.
SECTION 5 – PRODUCT DESCRIPTIONS
FoodFund attempts to be as accurate as possible with all of our product descriptions. However, FoodFund does not warrant that product descriptions, photos, or other content of any product is accurate, complete, reliable, current, or error-free. The products delivered may vary from the images and descriptions viewed on the site due to a number of factors that are not within our control, including without limitation, system capabilities and constraints of your computer, manufacturing process issues, and the availability and variability of product, packaging, and raw materials. Although we will exercise commercially reasonable efforts to help ensure that the products conform to reasonable expectations, variations may sometimes occur. If a product offered by FoodFund itself is not as described, your sole remedy is to receive a credit or refund for the product. We are specifically working with produce items that are misshapen and sometimes mis-colored – nature doesn’t grow perfect produce all the time. For this reason, weights displayed are
approximate and intended to communicate approximate amounts of produce that you will receive. While we don’t anticipate weights to be incorrect, your sole remedy for any error or documented weight-related issue will be resolved via a credit or refund for the product in question.
SECTION 6 – RETURNS, REPLACEMENTS, CREDITS, AND REFUNDS
If you are dissatisfied with any product, please reach out to our Customer Care team. To reach out, submit a completed form on our Contact page and a Customer Care Associate will respond to your query and, depending on the circumstances, we will provide you a replacement, a full or partial refund of the purchase price for that box or product, or a full or partial credit of the purchase price for that box or product. We may require the return or photographic documentation of any product with which you are dissatisfied before we provide you a replacement, credit, or refund.
FoodFund reserves the right to refuse service, refuse distribution of credits or refunds, terminate accounts, terminate your rights to use FoodFund, or cancel orders in its sole discretion.
Once processed, please allow the refund amount to appear in your account after 5-10 business days.
SECTION 6.1 – Credits
Credits given may be for an item’s full or partial purchase price, for a delivery fee, or for some other amount determined by FoodFund in its
discretion. FoodFund may occasionally provide you with Credits to thank you for your patience with a delayed delivery or to address a customer service issue. The issuance of such Credits and any Credit amounts are determined at the sole discretion of FoodFund. FoodFund may occasionally provide promotions, offers, and other communications, and Credits may be earned through these special offers communicated to you by FoodFund or its agents (each an “Offer”). Once you meet the criteria described in any Offer, you are eligible for the advertised Credits, under these Terms and any additional terms and conditions of each Offer. If there is a conflict between these Terms and the terms and conditions of any Offer, the Offer terms and conditions will
control. Offers are not transferable. Offers may not be made available to all users.
Certain Credits may not automatically be applied to your next Order and will require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which further requirements for applying Credits shall be communicated to you at the time of Credit issuance. Credits may not be applied to and/or redeemed for gift cards, gift
subscriptions, taxes, fees, and for certain product and/or service categories as determined by FoodFund in its sole discretion.
Credits can be applied for up to twelve months after date of issuance and thereafter, Credits will automatically expire. Credits will expire if your account is inactive (not accepting delivery of an order during a five (5) month period), if you cancel your recurring subscription, or if your account is closed, and all unredeemed Credits at such time will be forfeited immediately and may not be reinstated.
All Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property. Credits may not be applied toward payment of any outstanding account balances or previous purchases. Once a Credit is redeemed, it will not be refundable or reinstated for any reason, including without limitation in connection with returned or exchanged purchases that were made with Credits.
Credits are displayed in the My Wallet section within your Account. A valid account is required to check Credits. If any Credits are believed to have been sold, exchanged, or obtained fraudulently, those Credits will be void and will not be honored. At any time and in FoodFund’s sole discretion (including where a user was not eligible to earn certain Credits according to these Terms), FoodFund may correct the amount of Credits shown as credited to an Account.
If for some reason you believe that there is a discrepancy regarding your Credit balance, please submit a request on the Contact page and a Customer Care Associate will respond to your query. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
FoodFund may change the Credits program, associated Credits, and these Terms at any time, for any reason and without notice. FoodFund may make changes that affect, without limitation, processes, benefits, levels, and rules for receiving and using Credits, availability of Credits, Credit types, availability
of Offers, and any other related benefits. FoodFund may terminate the Credits program with one month’s advance notice to active users. If the Credits program is terminated, upon termination, all unredeemed Credits will be forfeited without any obligation or liability, and Credits claims will no longer be honored. FoodFund may terminate the Credits program in whole or in part, in any jurisdiction, on less than one month’s notice if required to do so by applicable law, as determined by FoodFund in its reasonable discretion. All Credits program benefits, offers, and services are subject to availability and may be changed at any time without notice.
Credits awarded by our Referral Program are also governed by our additional Referral Program Terms and Conditions.
SECTION 7 – CANCELLATION POLICY
IMPORTANT: This is a recurring subscription service. When you sign up for a recurring subscription, orders will automatically be generated according to the weekly delivery schedule assigned to you when signing up. The scheduled delivery day or time may be changed by FoodFund during the duration of your subscription service. Going forward, your order will be delivered on your scheduled delivery day, unless you have canceled or suspended your delivery by the end of the appropriate customization window or other cutoff date. Customization windows and cutoff dates vary by route and can be found in your account section. Any items in your cart at the end of the customization window or cutoff date and time will be delivered to you on your next scheduled delivery day. Any cancellations not made by the cutoff date will take effect the FOLLOWING week. If you wish to no longer receive recurring orders, cancel your subscription by logging into your Account or reaching out to our Customer Care team. To reach out to Customer Care, submit a completed form on our Contact page and a Customer Care Associate will respond to your query.
SECTION 8 – UNAUTHORIZED ACTIVITIES
Any other use of our Sites or services beyond uses permitted in these Terms is prohibited and, therefore, constitutes an unauthorized use. This is because as between you and FoodFund, all rights in and to our Sites and services remain our property.
Unauthorized use may result in violation of various Canadian and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use our Sites or services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
SECTION 9 – PROPRIETARY RIGHTS
The trademarks, service marks, and logos (collectively “Trademarks”) used and displayed on our various platforms are registered and unregistered trademarks or service marks of FoodFund and/or our licensors. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing.
All goodwill generated from the use of the Trademarks inures to our benefit and/or the benefit of our licensors. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FoodFund, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 – DISCLAIMERS
THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US.
TO THE EXTENT THAT THE PRODUCTS CONTAIN ALLERGENS REQUIRED TO BE DISCLOSED BY LAW, OUR PRODUCTS ARE MARKED ACCORDINGLY. HOWEVER, OUR PRODUCTS ARE NOT MADE IN AN ALLERGEN FREE FACILITY AND THERE MAY BE A POTENTIAL FOR CROSS CONTAMINATION WITH OTHER PRODUCTS THAT ARE NOT ALLERGEN FREE.
FOODFUND IS NOT RESPONSIBLE FOR YOUR ACTIONS AFTER YOUR ORDER HAS BEEN DELIVERED TO THE PROVIDED ADDRESS. ALL OUR PRODUCTS SHOULD BE RECEIVED AND STORED AS RECOMMENDED
HEREIN. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. YOU, AND NOT FOODFUND, ARE SOLELY RESPONSIBLE FOR ADVISING ANY NON- ACCOUNT HOLDERS AND/OR NON-ORDERING PARTIES AS TO THE SAFETY REQUIREMENTS AND ANY POTENTIAL ALLERGENS IN THE PRODUCTS.
Any information provided by us on the Site regarding the products or otherwise (e.g. product descriptions, promotional videos, or blog posts) is for informational purposes only and, as our products are always changing based on the availability of produce that meets our standards, may not necessarily be applicable to the products you purchase. You should read and strictly follow all product labels, packaging inserts and instructions that accompany the products and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Without limiting the generality of the foregoing, we make no warranty that our products or this Website will meet your requirements or that this Site will be uninterrupted, timely, secure, or error free or that defects in this Site will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by you through this Site or from us or our subsidiaries/other affiliated companies shall create any warranty.
SECTION 12 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOODFUND BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM FOODFUND OR FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF FOODFUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FOODFUND ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM FOODFUND EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE FOODFUND’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
SECTION 14 – LINKS TO THIRD-PARTY SITES
We sometimes provide links on our Sites to third-party websites. If you use these links, you will leave our Site. We are not obligated to review any third- party websites that you link to from this Site, we do not control any of the third- party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them).
Therefore, expressly stated on our Site, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from one of our Sites, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of our Sites may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on our Sites to be shared with your contacts in your third-party site account.
SECTION 15 – LOCAL LAWS; EXPORT CONTROL
If you use a Site from outside Canada, you are solely responsible for following applicable local laws.
SECTION 16 – FEEDBACK
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively “Feedback”), suggesting or recommending changes to the Sites or services, including new features or functionality relating to the services, all Feedback is and will be treated as non-confidential and non- proprietary. You assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using the Feedback. Where the above assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any
ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel our use, display, reproduction, or distribution.
SECTION 17 – DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., 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 FoodFund. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us 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 Provision and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND FOODFUND 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 us an opportunity to resolve the dispute which is first done by submitting a
completed form on our Contact page with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST
CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by submitting a completed form on our Contact page with the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt- Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate 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, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Sites can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, you and we 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 we 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 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 your account with us or our affiliates and your discontinued use of the Sites. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the notice address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
SECTION 18 – GENERAL
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms and any policies or operating rules posted by us on the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Sites and our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 19 – CONTACT US
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Customer Service by submitting a completed form on our Contact page.