Last Updated on May 25,2018
‘You’ and ‘your’ refer to you, as a user of the Service who accesses, browses, crawls, scrapes, or in any way uses the Service. ‘We’, ‘us’, and ‘our’ refer to Healthy Creations.
- ‘Content’ means text, images, photos, audio, video, location data, and all other forms of data or communication.
- ‘Your Content’ means Content that you submit or transmit to, through, or in connection with the Service, such as offers, posts, ratings, comments, and information that you publicly display or is displayed in your account profile.
- ‘User Content’ means Content that users submit or transmit to, through, or in connection with the Service.
- ‘Healthy Creations’ Content’ means Content that we create and make available in connection with the Service.
- ‘Third Party Content’ means Content that originates from parties other than Healthy Creations or its users, which is made available in connection with the Service.
- ‘Service Content’ means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Healthy Creations’ Content.
2. SERVICE DESCRIPTION
A. Service Overview
We provide Users with delicious, best sourced, ready-to-cook Meal Kits, Grab n Go meals, and ready to cook meal components. Everything is pre-measured, sliced, diced and ready along with step-by-step recipe instructions. Meals are custom made by hand to each customer’s specific dietary requirements and preferences including: Gluten Free, Paleo, Dairy Free, Vegan, Vegetarian, Goat Dairy Only, Allergen Free, Salt Free, and Other (by request).
You may not impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own. If you use a pseudonym, take care to note that others may still be able to identify you. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
C. Ordering & Delivery
Healthy Creations does not deliver to every location, so please check our map to see if Healthy Creations is available in your area. If we currently do not deliver to your area, but you would like us to, please email us at firstname.lastname@example.org.
3. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms indicates your acceptance of the modifications.
4. USAGE GUIDELINES
We request that you follow some basic rules that make Healthy Creations a rewarding experience for all our customers.
A. You agree not to, and will not assist, encourage, or enable others to use the Service to:
- Violate our content guidelines, for example, by writing a fake or defamatory Request, or compensating someone or being compensated to write or remove a Request;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Store and as expressly permitted by Healthy Creations;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
B. You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Healthy Creations;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;
- Reverse engineer any portion of the Service;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of Store and/or Store Offers;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Healthy Creations’ technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, ‘Viruses’);
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
5. CONTENT GUIDELINES
A. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Healthy Creations.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (‘Other Media’). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Healthy Creations and its users any claims and assertions of moral rights or attribution with respect to Your Content. By ‘use’ we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and Healthy Creations, you own Your Content. We own the Healthy Creations’ Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, Service marks, trade names, and other intellectual and proprietary rights throughout the world (‘IP Rights’) associated with the Healthy Creations’ Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Healthy Creations’ Content in whole or in part except as expressly authorized by us.
Healthy Creations and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content does not necessarily reflect the opinion of Healthy Creations. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a request if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
F. Submission Guidelines
Healthy Creations allows users to contribute different kinds of content, including photos, messages, offers, and more. Please use common sense and also read the guidelines below for specific types of content that you might contribute to the Service.
- Inappropriate content: Colorful language and imagery is fine, but there’s no need for threats, harassment, lewdness, hate speech, and other displays of bigotry.
- Relevance: Please make sure your contributions are relevant and appropriate to the forum.
- Privacy: Don’t publicize other people’s private information. Please don’t post close-up photos of other people without their permission, and please don’t post other people’s full names unless you’re referring to Service providers who are commonly identified by their full names.
- Intellectual property: Don’t use content from other services or users.
Please let us know about inappropriate content. If you find something that violates our content guidelines, please let us know at email@example.com.
6. LIMITED WARRANTY AND RETURN POLICY
Healthy Creations meals are backed by a 100% money back guarantee. If you are dissatisfied with a meal for any reason, please contact firstname.lastname@example.org within seven (7) days after delivery, and we’ll either credit or refund you the purchase price for that meal – whichever one you prefer!
7. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU, AND NOT Healthy Creations, ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, PREPARATION AND STORAGE OF THE MEALS.
OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 6: (I) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICES, THE MEALS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE MEALS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO Healthy Creation IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
HEALTHY CREATIONS HAS MADE EVERY EFFORT TO DISPLAY THE MEALS, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL MEALS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM 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 AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE MEALS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL MEAL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON MEALS, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A MEAL, SERVICE, OR PRODUCT ON THE PLATFORM DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
8. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (‘Feedback’), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
9. THIRD PARTIES
The Service may include links to other websites or applications (each, a ‘Third Party Service’). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk.
You agree to indemnify, defend, and hold Healthy Creations, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the ‘Healthy Creations Entities’) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Healthy Creation reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Healthy Creations. Healthy Creations will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. COMPLIANCE WITH APPLICABLE LAWS
The Service (and their servers) are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. TERMINATION OF THE AGREEMENT
A. Your Right To Terminate
B. Our Right To Terminate
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information.
C. Terms That Survive
In the event of any termination, whether by you or us, Sections 2, 4, 5, 6, 7, 10, 14, and 15 of these Terms will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
13.DIGITAL MILLENNIUM COPYRIGHT ACT
Healthy Creations respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
14. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. We believe in the case of disputes that arbitration is the least expensive and fairest way for our Company and you to handle any potential disputes. As such, by agreeing to this Terms of Service, you agree to MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims, causes of action and disputes between us that cannot be resolved in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Healthy Creations and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 800-352-5267. Any hearing will be held in a location within one hundred (100) miles of your residence, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND Healthy Creation WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Healthy Creation will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in San Diego County, California.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Healthy Creations.
Modification. Notwithstanding any provision in these terms to the contrary, we agree that if Healthy Creations makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Healthy Creations.
Small Claims Court. Notwithstanding the foregoing, either you or Healthy Creations may bring an individual action in small claims court.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Diego County, California for such purpose.
Choice of Law. California law, subject to the Federal Arbitration Act, will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Healthy Creations (a ‘Claim’), without regard to conflict of law provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEALS OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Further:
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Healthy Creations’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms are not assignable, transferable or sublicensable by you except with Healthy Creations’ prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.