Updated: March 2019
Territory: United States
These terms of service (“Terms”) constitute a legal agreement between you and Everything Food, Inc. Everything Food, Inc. is the operator of www.everythingfood.com (the “Site”) and the developer and operator of the Everything Food, Inc. mobile application (the “App”). Throughout these Terms, the terms “we”, “us”, “Everything Food”, “EFI” and “our” refer to Everything Food, Inc., offers on the Site and the App, the products available for purchase on the Site (“Products”), including all information, tools, products, and services available from the Site and the App (collectively, with the Products, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated below.
**NOTE THAT SECTION 25 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.**
By accessing or using our Site, accessing, installing or using the App, using or receiving the Site, App and Services, or by accepting these Terms upon check out when purchasing Products on the Site from us, and/or by your signing up for any subscription to access the Services (a “Membership”), you agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors*, customers, and/ or contributors of content. EFI vendors are also required to acknowledge and agree to that separate agreement entitled “Everything Food Vendor Agreement”.
Please read these Terms carefully before accessing, using our Site, the App, or our Services, or opting to accept these Terms. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then do not access, install or use our Site, App or Services. If these Terms are considered an offer, acceptance is expressly limited to your agreement to these Terms.
Any new features or tools which are added to the Site or its contents (including Products) shall also be subject to these Terms. You can review the most current version of the Terms at any time at the Site. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. You are encouraged to review these Terms each time you use the Site or the App because your use of the Site or the App after the posting of changes will constitute your acceptance of the changes.
Section 1 - Use of Site and App
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site and the App within the Territory. We reserve the right, in our sole discretion and without notice to you, to revise the Products and Services available on the Site and the App and to change, suspend or discontinue any aspect of the Site or the App and we will not be liable to you or to any third party for doing so. We may also impose rules for, and limits on, use of the Site or the App or restrict your access to part, or all, of the Site or the App without notice or penalty. Your continued use of the Site and the App will constitute your acceptance of any such changes.
You may use the Site and the App only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site or the App and are responsible for the consequences of such communications. Any other use of the Site or the App requires the prior written consent of EFI. You may not otherwise copy, modify, or distribute the contents of this Site or the App without the prior written consent of EFI. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site or the App, in whole or in part.
We require all users, including you, to agree not to use the Site or the App, and specifically prohibit any use of the Site or the App, for any of the following purposes:
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site or the App. Further, you may not use any such automated means to manipulate the Site or the App, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or the App or any other user’s use of the Site or the App, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms or introducing any worms, bugs or Trojan horse or other virus into the EFI network. You may not frame portions of the Site or the App within another web site. You may not resell use of, or access to, the Site or the App to any third party without the prior written consent of EFI.
Section 2 - Site and App Not for Minors
Except as provided in Section 6, if you are under 18 then you may not use the Services, Site or App without an adult over the age of 18 signing up as the primary household user. The Services, Site and App are not intended for users under the age of 18. By agreeing to these Terms, you represent that you (a) are 18 years of age or older, (b) are a legal resident of the United States, © have not been previously suspended or removed from the Site or App, or engaged in any activity that could result in suspension or removal from the Site or App, (d) you and any recipient of your orders will provide whatever proof of identity and age reasonably requested by the Licensed Producer (as defined in Section 6), its employee or agent, or the shipping or delivery company used by the Licensed Producer or that shipping or delivery company’s employee or agent, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. You may not use the Services, or sign up for a Membership if you are not at least 18 years of age. If we later discover or suspect that a person is not at least 18 years of age, we reserve the right to take steps to cancel access to the Services, including cancellation of such person’s user status.
Members may add minors to their account and provide supervised access and include minors by submitting information related to the following fields only: Nickname, Age, Weight and food preferences. EFI is not responsible for any information that is submitted by you regarding minors that are supervised by you or that otherwise use the Site, App or Services under your supervision.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Services including the Site and App.
Section 3 - Fraud Protection
As part of our order processing procedures, EFI may screen received orders for fraud or other types of unauthorized or illegal activity. EFI reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If EFI suspects fraudulent, unauthorized or illegal activity, EFI may reject your order or we may contact you at the phone number or email address you provided to confirm your order. EFI also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. EFI takes these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Section 4 – Everything Food Membership
In order for you to take advantage of the Services, Site and App, you may either use the ‘freemium’ version of the Services or sign up for a Premium Membership, also referred to as an “Everything Food Membership”.
Freemium Member: This level of membership provides basic access to the Site, App and Services and allows Freemium Members to order certain products and save certain preferences, however, full access to the Site, App and Services are restricted. Further, Freemium Members will be required to pay for their own shipping costs for products as are described in the product description on the Site, App or Services.
Premium Member: In consideration of the current fees set forth on Site or App regarding the cost of the Premium Membership (“Membership Fees”), as a Premium Member you will be entitled to the benefits of Premium Membership including but not limited to free or discounted shipping, premium access rights to portions of the Services, Site or App and any additional benefits conferred by EFI as described in communication to you or through the Services, Site or App. All Membership Fees are paid in advance for the Premium Membership term (the “Term”). EFI may from time to time offer Premium Membership term in addition to one year terms. All Premium Memberships renew automatically for one (1) year periods until you cancel. By purchasing an Annual Membership, you agree and acknowledge that your Premium Membership has an initial pre-payment feature for one full year of Services and a recurring Annual Membership Fee at the then-current Annual Membership rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by EFI after the expiration date of your payment card. Membership Fees are non-refundable but you will be provided with full benefits associated with the Premium Membership for the remainder of any membership year in which you terminate your Premium Membership.
Subscription: A Freemium Member or Premium Member may also elect to subscribe to EFI’s recurring shipment subscription (“Subscription”). By electing any Subscription you will be asked to agree to certain terms associated with such Subscription as may be described to you before placing your order for such Subscription. You agree to comply with any terms that are made subject to such Subscription as will be described to you through the Services, Site or App related to such Subscription.
Section 5 – Perishable Foods
EFI ships perishable products and therefore is not able to accept returns on certain perishable food items. Due to the perishable nature of such products, EFI cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn’t updated prior to the invoice date, if an address is altered while in transit, or if you are unable to retrieve the order on the guaranteed delivery date and did not notify us prior to the order being invoiced.
If your order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to EFI’s terms and conditions, EFI must dispose of the contents and you will not be refunded. In the event an order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.
In certain circumstances, such as for delayed delivery or other customer service issue, EFI may provide you with a credit toward other products that you may be able to use on future purchases (“EFI Credit”). EFI Credit may only be redeemed pursuant to the EFI Credit terms and conditions as such are posted on the Everything Food Site, and in accordance with the type of Product for which the EFI Credit was issued or as otherwise specified or allowed by EFI.
Frozen Deliveries - You should always inspect your delivery to confirm that the ingredients arrive in a cool, refrigerated condition. EFI provides the following recommendations regarding the storage of frozen deliveries, but, as indicated in the Disclaimer below, you are ultimately responsible for the proper storage and preparation of your food and should take all requisite and appropriate steps to ensure your food is stored and consumed in a safe manner. EFI recommends that you use a thermometer to ensure that the temperature zone within the container in which any frozen meat, poultry or seafood Product is located is 32° F or below (40° F or below for refrigerated meat, poultry or seafood Product). In the unlikely event that such frozen temperature zone is above 32° F (or such refrigerated goods are above 40° F), or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact EFI by clicking firstname.lastname@example.org (attaching photos of the item(s)) and discard the item(s). To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate or freeze all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found HERE. EFI recommends that you follow the USDA’s instructions on safe food handling, which can be found HERE. EFI also recommends 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, which can be found HERE. 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, which can be found at HERE.
Frozen/Refrigerated Items cannot be returned: We cannot guarantee the cold chain of custody, so the items would need to be disposed of and couldn’t be resold. Also, since we don’t take possession of any of the products, we may want to state the EFI vendor’s meats, seafood, etc. rather than EFI meats, etc.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. EFI meats, fish, poultry vegetables, fruits, and certain meals are flash frozen at the peak of freshness and individually packaged and labeled. The ingredients are placed inside an eco-friendly insulated liner to keep the contents cold and tucked into a box. All of our boxes are packaged with a specific amount of dry ice. The amount of dry ice is carefully calculated based on your geographic location/guaranteed carrier delivery time. When retrieved on the projected delivery date, the dry ice may be completely evaporated, but your meat should still be frozen or at a safe temperature for freezing. Your order will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your ingredients prior to consumption. 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, EFI will attempt to deliver your Order as soon as reasonably possible. In the event of a carrier delay, please inspect the contents carefully and contact EFI (by e-mailing: email@example.com immediately with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date.
Disclaimers. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
Section 6 – Alcoholic Beverages
The areas of the Site, App, and Services that display information, images, details, and offer for sale alcoholic beverages are directed to and solely intended for adults aged 21 or older and you must be at least 21 years of age to make a purchase through the Site or App, and to receive delivery of the products purchased. A valid government-issued ID will be required upon delivery. Any use or access to these portions of Site, App, or Services by anyone under 21 is strictly prohibited and in violation of these Terms.
By using the Site, App, and Services to view or purchase alcoholic beverages, you expressly represent and warrant that you are at least 21 years of age. In no event shall you use the Site, App, and Services, or make a purchase or purchase a gift for someone else if you are under the age of 21, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 21. We may refuse service any order at any time, in our sole discretion.
With respect to alcoholic beverages on the Site and App, our role in the transactions contemplated by these Terms is that of a marketer and service provider that enables you, the consumer, to search for alcohol beverages and place and schedule orders with independent, licensed alcohol beverage producers, and other licensees with retail privileges in their respective states (each a “Licensed Producer”) for the purchase and sale of such beverages and products. All orders placed through the Site or App are accepted, reviewed, and ultimately fulfilled by Licensed Producers that hold valid licenses issued by federal and state alcohol beverage agencies allowing for the legal sale of alcoholic beverages. All sales are solely transacted between you and Licensed Producers. Each alcoholic beverage product listed on our Site is not an offer to purchase such product but an invitation to make an offer by placing an order on our Site. You acknowledge and agree that EFI does not sell, offer to sell, invite to sell, or solicit any offers. In all instances, all sales are advertised, accepted, made and delivered by Licensed Producers who receive all orders and offers. The Licensed Producers we work with do not ship to states, counties or cities where shipping alcoholic beverages is prohibited by law. Product availability and limitations on orders vary by state. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. EFI does not sell or deliver alcohol beverages. No part of the Services is intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Producers or any improper exclusionary practices by any alcohol beverage licensee.
If a Licensed Producer accepts your order request, your credit or debit card will be charged for the amount of your purchase plus any additional fees that the Licensed Producer may charge. Once the charge is authorized, the Licensed Producer will package your order for shipment. The individual accepting the order delivery must provide a valid form of photo identification proving that he or she is at least 21 years old and sign for the order at the time of pick-up, receipt of shipment or delivery. It is solely the responsibility of each Licensed Producer, and its employees and agents, or the shipping or delivery company used by the Licensed Producer and that shipping or delivery company’s employees and agents, to verify such proof of identification. Please note that shipments will not be left at your door without a valid signature, and we are not able to ship to a post office box. If no authorized adult is available to sign for deliveries during the day after multiple delivery attempts, your shipment will be returned to us as undeliverable. Shipping fees are non-refundable, and a restocking fee may apply to shipments that are returned to us as undeliverable.
Your order request, pick-up, shipment or delivery may be declined for any reason by the Licensed Producer, or its employee or agent, or the shipping or delivery company used by the Licensed Producer or that shipping or delivery company’s employee or agent. If declining because the requested item(s) or acceptable substitutions are not in stock, the Licensed Producer may offer you a full refund.
YOU AGREE THAT YOU MAY NOT PROVIDE EFI OR A LICENSED PRODUCER ANY INFORMATION OF, OR USE THE SERVICES TO PURCHASE OR PICK-UP FOR OR SEND A DELIVERY OR SHIPMENT TO, ANY INDIVIDUAL UNDER 21 YEARS OF AGE.
Sales by Licensed Producers are made at their licensed premises and title to such wine products and risk of loss passes from the applicable Licensed Producer to you upon the shipment of your order by the Licensed Producer. The terms of shipment may vary from order to order. You will be notified at the point of purchase as to the applicable shipping charges and taxes, which you are responsible for paying, that are applied to your particular individual order. The remittance of any and all federal, state, sales use and excise taxes will be paid by the applicable Licensed Producer related to such orders. The Licensed Producers do not ship to states, counties or cities where shipping wine is prohibited by law. By purchasing alcoholic beverages marketed on the Site or App, you represent that you are using the Site, App and Services for lawful purposes and to place orders for personal consumption and not for any re-sale or distribution.
The prices published on the Site and App for all alcoholic beverages are suggested retail prices based on pricing information provided to us by Licensed Producers and may not always reflect the prevailing pricing. The Licensed Producers reserve the right to determine final prices of all their products.
Section 7 - Accuracy, Completeness, and Timeliness of Information
EFI is not responsible if information made available on the Site or App is not accurate, complete or current. The material on the Site or App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services, Site and the App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Services, Site and the App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Services, Site and the App. EFI relies on information provided by the manufacturer or vendors for all Products sold through the Services, Site and App and therefore EFI is not the guarantor of the accuracy of such information. To verify any information for a Product sold through the Services, Site or App you are requested to inquire with the vendor or manufacturer of such Product that provides the information to EFI.
This Site and the App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site or the App. You agree that it is your responsibility to monitor changes to our Site and the App.
Section 8 - Modifications to the Services and Prices
Prices for Services and any products made available through the Services are subject to change without notice. If EFI is going to change the Membership Fees, EFI will provide you with notice of such change in a commercially reasonable manner.
EFI reserves the right at any time to modify or discontinue the Services (or any part or content thereof) or take down the Site or App without notice at any time. EFI shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or downtime of the Site or App.
EFI reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.
Certain products or services may be available exclusively online through the Services, Site or App. These products or services may have limited quantities and are subject to return or exchange only according to EFI’s current Return Policy as described on the Site.
EFI does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services, Site or App will meet your expectations, or that any errors in the Services or derived from the Site or App will be corrected.
Section 9 - Accuracy of Billing and Account Information
When you sign up for a Membership or purchase any product or service made available through the Site and the App (each such purchase, a “Transaction”), you agree to provide current, complete and accurate purchase and account information for all purchases made via our Services on our Site and App. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that EFI can complete your Transactions and contact you as needed.
You may only have one primary Membership account per household. We shall have the sole discretion to determine if you have created more than one primary Membership per household and if we determine that you have done so, we reserve the right to cancel your Membership and modify any orders that you have placed through the Services. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. EFI reserves the right to refuse any order you place with us. EFI may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. If you have obtained multiple promotional discounts as a result of setting up multiple Membership accounts for a single household, EFI may charge you the difference for any products purchased with a discount that was obtained in violation of these Terms or the stated terms of the promotion or discount.
In the event that we make a change to or cancel an order, EFI may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. EFI reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to EFI the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
You agree that by placing an order on the Site or the App and agreeing to these Terms, you are entering into a binding contract with EFI and agree to pay all charges that may be incurred by you or on your behalf through the Site and the App, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Section 10 - Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site or the App, including with respect to ordering, shipping and return policies, review guidelines, Return Policy (as described on the Site) and any referral programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Section 11 – Optional Services/Links
EFI may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
EFI has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, EFI will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, Site and App you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, Site and/or App including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that EFI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the EFI Site, or between users and any third party, you agree that EFI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release EFI, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or EFI’s Services, Site or App.
Section 12 - User Comments, Feedback, and other Submissions
If, at EFI’s request, you send certain specific submissions (for example Sweepstakes entries) or without a request from EFI you send creative ideas, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information), whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree to grant to EFI a perpetual license to allow EFI, without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to EFI. EFI is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
EFI may, but shall have no obligation to, monitor, edit or remove content that EFI determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are responsible for all Comments you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. EFI takes no responsibility and assume no liability for any Comments posted by you or any third-party.
Section 13 - Copyright Infringement
In accordance with the Digital Millennium Copyright Act of 1998, EFI includes the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the EFI’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
Please contact Everything Food’s Designated Agent at the following address:
Everything Food, Inc., Attn: Legal, 1035 E. Chapman Ave., Orange, CA 92866
Section 14 - Trademarks
“Everything Food”, “EFI”, the EFI logo(s), certification marks, and any other EFI Product or service names, logos or slogans that may appear on the Sites, App or Products are trademarks of EFI and may not be copied, imitated or used, in whole or in part, without EFI’s prior written permission. You may not use any metatags or other “hidden text” utilizing “EFI” or any other name, trademark or Product or service name of EFI without EFI’s prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of EFI and may not be copied, imitated or used, in whole or in part, without EFI’s prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by EFI.
Section 15 - Personal Information
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. EFI does not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to EFI or submit any information about you using EFI’s Site or App. If EFI learns that it has collected personal information from a child under 13, EFI will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact EFI at mailto:firstname.lastname@example.org.
Section 16 - Errors, Inaccuracies, and Omissions
Although EFI strives to provide only accurate information to its users, occasionally there may be information on our Site, App or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. EFI reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services, Site or App or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
EFI undertakes no obligation to update, amend or clarify information in the Services, Site or App or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Section 17 – Everything Food Samples
EFI may offer, or partner with third party vendors to offer product samples or discounts via the Services, Site or App (“Samples”). To be eligible for a Sample, you may be required to sign up for a Freemium or Premium Membership and/or provide EFI with certain personal information. You may not attempt to secure more than one of any given Sample and only one Sample shall be provided per household; as determined by EFI in its sole discretion. EFI reserves the right to suspend, terminate, or modify your Membership if you attempt to obtain Samples in violation of these Terms. From time to time the offer of Samples may be tied to a Free Trial Period with terms to be provided by EFI related to such offer.
Section 18 - Disclaimer – No Professional Advice
Any information provided by EFI regarding the products or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Services, Site or the App. Use of the Site or the App is not meant to serve as a substitute for professional advice including consultation with a medical professional. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate based on your own current situation including your health and wellbeing, current diet restrictions, allergies and any other medical information that is pertinent to yourself.
Section 19 - Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. EFI will charge tax only in states where the goods sold over the internet are taxable. For all alcoholic beverages, the remittance of any and all federal, state, sales, use and excise taxes to the applicable state authority will be made by the applicable Licensed Producer related to such orders.
Section 20 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; © to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate EFI’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, Site or App or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. EFI reserves the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Section 21 - Disclaimer of Warranties; Limitation of Liability
EFI attempts to display information on this site and in connection with the Services as accurately as possible. However, EFI does guarantee not make any representations or warranties concerning any content contained in or accessed on the Site and the App or through the Services, and EFI will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. EFI makes no representation as to any laws, rules or regulations of any jurisdiction regarding the sale, service, transportation, import, shipment or delivery of alcoholic beverages. EFI makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, Site or App. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from EFI or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EFI MAKES NO REPRESENTATION OR WARRANTY AS TO YOUR LEGAL RIGHT TO PICK-UP OR HAVE ALCOHOL BEVERAGES TRANSPORTED TO YOU OR YOUR INTENDED RECIPIENT.
EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF EFI, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL EFI BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM EFI, OR FROM EVENTS BEYOND THE EFI’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, THE PROCESSING, PURCHASE, SALE, TRANSPORTATION, SHIPMENT, DELIVERY OR CONSUMPTION OF ALCOHOLIC BEVERAGES, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND ANY LICENSED PRODUCER, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EFI’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
NEITHER EFI NOR THE FULFILLING LICENSED PRODUCER NOR THE SHIPPING OR DELIVERY COMPANY USED BY THE LICENSED PRODUCER SHALL BE LIABLE FOR ANY DAMAGES TO GOODS CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD” DURING TRANSPORTATION. WEATHER CONDITIONS MAY CHANGE AT ANY TIME, SO EFI, THE FULFILLING LICENSED PRODUCER OR THE SHIPPING OR DELIVERY COMPANY USED BY THE LICENSED PRODUCER CANNOT ASSUME LIABILITY FOR DAMAGE CAUSED BY CHANGES IN WEATHER DURING TRANSPORTATION. “ACTS OF GOD” INCLUDE UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EFI’S ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $1000 OR THE AMOUNTS PAID BY YOU TO EFI’S IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE EFI’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE EFI FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES AND THE PRODUCTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Section 22 - Indemnification
You agree to indemnify and hold EFI, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your illegal use of the Services, Site or App (including any actions taken by a third party using your account), (b) your violation of these Terms, © your posting of any defamatory or infringing content using the Services or on the Site or App, and (d) your violation of any third party rights in connection with your use of the Services, the Site and the App. In the event of such a claim, suit, or action (“Claim”), EFI will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Section 23 - Assignment
Section 24 - Termination
Such obligations and liabilities of the parties incurred prior to the termination date that are intended to survive termination of this Agreement, shall survive the termination of this agreement for all purposes. For avoidance of doubt, the following Sections shall survive termination: Sections 20, 21, 22, 24, 25, 26, 28.
Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.
If in EFI’s sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, EFI also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 25 – Dispute resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH EFI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 1 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and EFI agree (a) to waive your and EFI’s respective rights to have any and all Disputes arising from or related to these Terms, or the Site, and the Apps, Content or Products, resolved in a court, and (b) to waive your and EFI’s respective rights to a jury trial. Instead, you and EFI agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions: You and EFI agree that any Dispute arising out of or related to these Terms, the Sites, the App, Content, the Services or products sold on the Site is personal to you and EFI and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and EFI agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and EFI agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution
You and EFI agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to EFI shall be sent by certified mail or courier to Everything Food Inc., Attn: Legal, 1035 E. Chapman Ave. Orange, CA 92866. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your EFI account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and © the specific relief that you are seeking. EFI’s notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that EFI is seeking. If you and EFI cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or EFI may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 1 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND EFI AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR EFI WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND EFI WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and EFI agree that (a) any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Orange County, California, or the Southern District of California.
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in Section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 25 by writing to: Everything Food, Inc., Attn: Legal, 1035 E. Chapman Ave. Orange, CA 92866. In order to be effective, the opt-out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section.
Section 26 - Choice of Law and Venue
These Terms and your relationship with EFI are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or to your relationship with EFI shall be finally settled in Orange County, California, in English. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Orange. You and EFI agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
While EFI works to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists and therefore we cannot guarantee the accuracy of the values provided to us that we display on the Site. Actual products may contain different information than that shown on the Site and such discrepancies may be out of EFI’s control. We recommend that You do not solely rely on the information presented and that You always read labels, warnings, and directions before using or consuming a product and not rely solely on the information provided on the Site. For additional information about a product, please contact the manufacturer. Content on this Site is for reference purposes and is not intended to substitute for advice given by a doctor, physician, pharmacist, nutritionist or other licensed health-care professional. You acknowledge that you will not rely solely on the materials descriptions as provided on the Site and that in the event You have certain allergies or potential food-related and/or induced ailments, that You have consulted the appropriate medical professionals prior to consumption of any of the products on the Site. Contact your health-care provider immediately if you suspect that you have a medical problem. Materials, information and statements regarding products on the Site including dietary supplements may have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. EFI assumes no liability for inaccuracies or misstatements about products.
Section 28 - Miscellaneous
The failure of either you or EFI to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and EFI agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind EFI in any respect whatsoever. You and EFI agree there are no third party beneficiaries intended under these Terms.
Section 29 - Contact Information
Questions about the Terms should be sent to us at:
Everything Food, Inc. ,Attn: Customer Relations, 1035 E. Chapman Ave., Orange, CA 92866