These terms of service (this “Agreement”) shall apply to you, as an end user or customer (“you,” or “Customer”), when you access the website www.fullfridge.com (the “Website”) or purchase any products or services offered by Full Fridge, Inc. ("Full Fridge," “our,” “us,” or "we") in connection with the Website, including our pre-cooked meal delivery service (the “Service”).
Items containing all eight major allergens (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soy) identified by the United States Department of Agriculture (USDA) are used, stored, prepared, packaged and delivered in connection with the Service. We cannot guarantee that cross-contamination will not occur between Meals. If you have or suspect that you have an allergic reaction or other adverse health event, please contact your health care provider immediately.
You should consult with your doctor or other healthcare professional before beginning any diet or meal plan.
- Use of the Website. You may only use the Website in accordance with this Agreement. The Website may contain links to other Internet websites and third-party resources, and we may employ third party technologies in connection with our Website that require you to accept such third party’s terms. Full Fridge is not responsible for either the availability of these outside resources or their content, including for any products or services you may obtain by contacting any person or entity as a result of use of the Website or the features hereof. Full Fridge may, but is not obligated to, monitor your use of the Website.
- Use of the Service. The Service is currently a la carte, meaning that it is not a subscription-based service and you do not need to create an account to use the Service. When you place an order for Meals via the Service (each, an “Order”), you will be required to select the week for which you are ordering Meals, the quantity and a delivery window. All Orders will be delivered based on our delivery schedule. You can find more information about it here.
- Fees. Fees and pricing for the Meals and the Service are available on our Website. We reserve the right to adjust our prices at any time without notice to you, in our sole discretion. When you place an Order, you will be prompted to enter payment information upon checkout. You hereby authorize Full Fridge to charge your credit card or other authorized payment method (the “Payment Method”) for all fees for the Meals and your use of the Service. We are not currently able to accept checking account transactions or food stamps. All prices are in U.S. dollars, and do not include any applicable taxes or other charges. Prices, taxes and other charges may vary based on your geographic location. By providing your Payment Method, you represent and warrant that you are authorized to use the Payment Method and that you authorize Full Fridge, via its third-party payment processor (currently Shopify), to charge your Payment Method for the total amount of your Order. Full Fridge reserves the right to execute an authorization or temporary charge on your Payment Method to verify that the Payment Method is valid. If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled.
- Deliveries. Full Fridge may deliver Meals itself or through a third-party delivery service. Risk of loss is transferred to you at the time of delivery. You agree to make every effort to ensure that you are available to receive the Meals within the selected delivery window. If you are not at home when your meal delivery arrives, the courier will leave the package for you at your door or with a doorman, unless otherwise directed by you. Meals are packaged with liners and gel packs and 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 Meals 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 the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date and time. In the event that timely delivery of your Meals is not feasible, we will cancel your meal delivery for the period so affected and issue you a credit or refund of the purchase price for that Order.
- You are solely responsible for inspecting all Meals you receive for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Meals you receive. You should always inspect your Order to confirm that the Meals arrive in a cool, refrigerated condition. We recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other items are not more than 40 degrees Fahrenheit, as recommended by the USDA.
- Meals delivered in our food containers and box can be out of refrigeration for no more than: (i) 2 hours, if the environment they are in is over 90 Fahrenheit; or (ii) 3 hours, if the environment they are in is less than 90 degrees Fahrenheit. It is Customer’s sole responsibility to follow these guidelines.
- We recommend that you discard any Meals if, by the time you opened the box, the food has been: (i) at a temperature of more than 40 degrees Fahrenheit for 1 hour or more if the surrounding temperature is over 90 Fahrenheit, or (ii) at a temperature of more than 40 degrees Fahrenheit for 2 hours or more if the surrounding temperature is less than 90 degrees Fahrenheit.
- If you have any reason to believe that any items in your Order are not suitable for consumption, you should contact us immediately at firstname.lastname@example.org and discard the item. To maintain the quality and integrity of the Meals, we recommend that you immediately refrigerate all Meals upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. The consumption of the Meals is solely at your risk, and you are solely responsible for the proper storage, heating and consumption of the Meals following delivery. We recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other items are heated to the USDA’s recommended internal temperatures, which can be found here.
- Consumption; Dietary Restrictions; Allergens. All Meals should be consumed or discarded within 5 days of receipt. You may freeze the Meals; however, we recommend that you freeze, thaw and consume any previously frozen Meals in accordance with the USDA guidelines, available here. Before starting any diet or meal plan, you should consult with your doctor or other healthcare professional. Although Full Fridge has consulted with medical and dietary professionals in the development of its Meals, the Meals are not designed specifically for, and Full Fridge makes no representation that the meals will be sufficient to meet the needs of: (a) individuals who are underweight or who have an eating disorder; (b) pregnant women or breast feeding mothers; (c) individuals with allergies to certain foods, spices or preservatives; or (d) individuals that have been instructed to follow a specific diet due to medical conditions (i.e. diabetics or individuals with celiac disease). Full Fridge will not be liable for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you consume are in accordance with your dietary needs, restrictions or preferences. If you have food allergies please refrain from ordering any Meals.
- Refunds. If you are dissatisfied with the Service or any Meals, or if any item is missing, please contact us at email@example.com. We may, in our sole discretion, issue a refund or credit to your account. All requests for refunds or credits must be received within 30 days of the date of delivery.
- Intellectual Property and Ownership. The content of the Website is protected by law, including without limitation U.S. copyright law, trademark law, and applicable international treaties. You are granted permission to display the materials on this Website solely for your own personal, non-commercial use. “FULL FRIDGE” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). Full Fridge shall retain all right, title, and interest in and to the Website, the Service and any Data (as defined below) and Customer hereby assigns any rights it may obtain in any of the foregoing to Full Fridge. To the extent that the foregoing assignment is ineffective for whatever reason, Customer hereby grants to Full Fridge a perpetual, non-exclusive, transferable license to use such Data (a) to provide the Service to Customer; (b) for statistical use, or on an aggregate or anonymized basis for any purpose (provided that in each such case, the Data is not personally identifiable or identifiable with Customer); and (c) as necessary to monitor and improve the Service. “Data” means the data that is provided to Full Fridge by Customer in connection with Customer’s use of the Service, including, but not limited to any feedback provided to Full Fridge concerning the Meals, the Service or the Website, whether or not requested by Full Fridge. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to Customer hereby.
- Communication. Full Fridge and/or certain third parties may need to communicate with you about the Service. AS SUCH, YOU CONSENT TO RECEIVE MESSAGES (WHETHER BY PHONE, EMAIL, TEXT MESSAGES OR OTHERWISE) FROM FULL FRIDGE AND/OR THIRD PARTIES IN CONNECTION WITH THE PROVISION OF THE SERVICE AND ACKNOWLEDGE AND AGREE THAT YOUR PHONE NUMBER, EMAIL ADDRESS AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING SUCH MESSAGES.
- Term and Termination. This Agreement shall take effect on the Effective Date and shall remain in effect for as long as you continue to access the Website or use the Service. Full Fridge may terminate this Agreement upon your failure to comply with any terms set forth herein, which termination shall not require any notice. Full Fridge may also in its sole discretion and at any time modify, or discontinue providing, the Website the Service, or any part thereof, with or without notice. Upon termination, all rights and obligations of the parties shall cease except that Sections 3 (as to amounts owed as of termination, 8 and 10-13 shall survive termination.
- Disclaimers; Limitation of Liability.
- Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE AND ALL MEALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND FULL FRIDGE HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.
- Additional Disclaimers. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, HEATING AND CONSUMPTION OF THE MEALS YOU RECEIVE IN CONNECTION WITH THE SERVICE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE MEALS AND THEIR CONTENTS BEFORE USING OR CONSUMING SUCH MEALS.
- Limitations of Liability. NEITHER FULL FRIDGE NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THIS AGREEMENT, THE WEBSITE OR THE SERVICE, EVEN IF FULL FRIDGE OR ANY OF ITS AFFILIATES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER FULL FRIDGE NOR ANY OF ITS AFFILIATES WILL HAVE liability to YOU for aggregate damages IN EXCESS OF THE GREATER OF: (i) U.S. $50.00, OR (ii) THE TOTAL DOLLAR VALUE OF AMOUNTS PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT. The ABOVE limitations apply even if the above stated remedy fails of its essential purpose.
- Arbitration. Any dispute, controversy or claim arising out of this Agreement or your use of the Service shall be settled by binding arbitration pursuant to the Commercial Rules of the American Arbitration Association (“Rules”) then in effect. Notwithstanding those Rules, the following provisions will apply to such arbitration: (a) Texas law shall apply; (b) the arbitration will be conducted by a single arbitrator chosen by the parties, provided that if the parties are unable to agree upon an arbitrator, the arbitrator will be appointed in accordance with the Rules; (c) the parties and the arbitrator shall use reasonable, diligent efforts to complete the arbitration within 60 days after the appointment of the arbitrator; (d) the proceedings shall be in the English language and shall take place no more than 45 miles from the Customer’s home residence, unless each party to the arbitration agrees in writing otherwise; and (e) the parties shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses unless otherwise required by law. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. You and Full Fridge agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. You agree that this arbitration clause requires arbitration on an individual basis and constitutes a waiver of your right to a jury. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief.
- Miscellaneous. This Agreement shall be governed by the laws of Texas without reference to conflict of laws principles. Neither party shall be deemed to have breached any provision of this Agreement, other than the payment of money, as a result of any delay or failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, other catastrophes, or any other occurrences that are beyond such party’s reasonable control. Full Fridge may freely transfer or assign this Agreement and any of its rights or obligations hereunder. Customer shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Full Fridge. Customer shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. No waiver or modification of this Agreement shall be valid unless in writing signed by Full Fridge. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
- Contacting Us. All questions, comments, feedback and other communications regarding the Service, the Website or products and services offered by Full Fridge should be directed to firstname.lastname@example.org.