These Terms and Conditions (“Terms” or “Agreement”) govern your access to and use of Purfoods, LLC d/b/a Mom’s Meals’ (“Mom’s Meals”) website (“Website”) and food products (“Products”) obtained through the Website. These Terms do not apply to the limited extent that applicable laws or regulations prohibit the application of these Terms (or any part of them). CAREFULLY READ ALL OF THESE TERMS AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS SUCH AS HOW YOU OBTAIN RELIEF, WHEN YOU CAN OBTAIN RELIEF, AND WHAT KIND OF RELIEF YOU CAN OBTAIN.
THIS AGREEMENT LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Mom’s Meals may, in its sole discretion, correct any errors it notices on the Website (including, but not limited to, incorrect pricing or incorrectly labelled Products). Mom’s Meals’ ability to correct errors, includes, but is not limited to, revising your order (such as charging the correct price) or cancelling your order and issuing any applicable refunds. You acknowledge and agree that sometimes Products or other information you receive vary from the description presented on the Website or in other materials. This may happen due to a number of factors including, but not limited to, supply problems or changes, limitations in the manufacturing process, or technological capabilities. There is no guarantee that any Product appearing on the Website is available everywhere or available at all.
Mom’s Meals may also change any and all Content on the Website or change, suspend, or cancel access or functionality of the Website or Products at any time. Mom’s Meals has no obligation to provide you notice of such actions. Mom’s Meals may make these decisions in its sole discretion. Mom’s Meals further disclaims any warranty or representation that the Website will be available.
Eligibility to Use Mom’s Meals Website
The Website and the Products are intended for use by persons in the United States. By placing an order, you represent and warrant that you are: (1) legally capable of entering into these Terms; (2) 18 years old or older or the age of majority in your jurisdiction; and (3) a resident of the United States accessing the Website from the United States. If you are using the Website or ordering on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to Mom’s Meals if you or such person or entity violates these Terms. The Mom’s Meals Offerings are 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 Website or the Content from outside of the United States, you do so on your own initiative and 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.
Account and Consent to Communicate Electronically
It may be necessary for you to create an account with Mom’s Meals in order to use certain features of the Website, including but not limited to the meal order portal. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (e) immediately notify Mom’s Meals if you discover or otherwise suspect any security breaches related to the Website or your account. You agree that Mom’s Meals may take actions it believes are reasonably necessary to address any suspected or actual fraud or abuse relating to the Website or your account. These actions may include suspending or terminating your access to or use of the Website or suspending or terminating your account. You agree to indemnify and hold harmless Mom’s Meals for losses incurred by Mom’s Meals or another party due to someone else using your account or password.
When you use the Website or when you send e-mails, text messages, or other communications from your desktop, mobile device, or other electronic device to Mom’s Meals, you may be communicating with Mom’s Meals electronically. You consent to receive electronic communications from Mom’s Meals, such as e-mails, texts, mobile push notices, notices posted on the Website, messages on the Website, or through other electronic means. Mom’s Meals encourages you to save copies of these communications. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement relating to communications, such as a requirement that a communication be in writing.
Term of Sale
a) Meal Orders.
These Terms apply to Products that you order through Mom’s Meals.
b) Third-Party Purchases.
Mom’s Meals may offer Products through a thirty party. Your dealings with a third party are solely between you and that other party. Mom’s Meals does not control or endorse another party. Mom’s Meals also makes no representations or warranties regarding any other parties or what they sell. Those other parties may impose their own terms, policies, or processes. Your interaction with those parties and access or use of their websites and the products they offer is at your own risk.
c) Auto Ship Selection (Continuous Subscription).
Mom’s Meals offers the option to select that your meal selection be automatically purchased and sent every week until you cancel your auto ship selection by providing Mom’s Meals one weeks’ written notice or Mom’s Meals ends the selection as provided in these Terms (the “Plan”). You can also change your meal selection options by contacting Mom’s Meals with enough notice.NOTE THAT BY SELECTING THE AUTO SHIP OPTION, YOU ARE AGREEING:
(1) TO PURCHASE THE SELECTED QUANTITY OF MEALS EACH WEEK UNTIL YOU GIVE MOM’S MEALS AT LEAST ONE WEEK’S WRITTEN NOTICE OF CANCELLATION, MOM’S MEALS SUSPENDS OR STOPS YOUR ACCOUNT, MOM’S MEALS STOPS PROVIDING THE WEBSITE OR RELEVANT CUSTOMER MEAL ORDER PORTAL, OR MOM’S MEALS TERMINATES THESE TERMS, (2) THAT MOM’S MEALS, OR OUR THIRD PARTY PROCESSOR, MAY CHARGE YOUR ACCOUNT, CREDIT CARD, OR DEBIT CARD FOR THE PURCHASED MEALS (INCLUDING ANY APPLICABLE FEES AND TAXES), (3) MOM’S MEALS, IN ITS DISCRETION, MAY SUBSTITUTE MEALS AS NECESSARY, (4) YOU MAY CANCEL YOUR AUTO SHIP PLAN AT ANY TIME WITH ONE WEEK’S NOTICE BY EMAILING INFO@MOMSMEALS.COM, (5) PRICING AND CHARGES MAY CHANGE AT ANY TIME (INCLUDING ANY CHANGES TO APPLICABLE DISCOUNTS), AND (6) YOUR CHANGING OF MEAL SELECTION OR OTHER CHOICES MAY CAUSE PRICING CHANGES, FEE CHANGES, AND DIFFERENT TAXES.
Mom’s Meals may change the price of a Product or the Plan, introduce new Products or Plans, or remove Products from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “notice” section of this Agreement. Price and Plan changes will take effect as of the next billing period following the date on which we provided notice to you of the price or Plan change. By continuing to use the Mom’s Meals service after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or Plan change. Please make sure that you read any notifications of price or Plan changes carefully.
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.
If you wish to cancel or modify your subscription to an auto ship Plan, you can do so at any time as described in the “Cancel or Modify a Subscription” section below; however, except as otherwise noted below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the status of the order.
Please note that you will still continue to receive promotional, advertisements, and other communications you have consented to if you cancel your auto ship option unless you opt out of your election to receive those communications as provided in those materials.
d) Cancel or Modify a Subscription
FOLLOWING YOUR PLAN SELECTION AND PLACEMENT AND RECEIPT OF YOUR FIRST WEEKLY ORDER, YOU MAY CANCEL OR MODIFY A SUBSCRIPTION TO A PLAN AT ANY TIME ONLINE BY MANAGING YOUR ACCOUNT AT MOMSMEALS.COM, OR BY EMAILING US AT INFO@MOMSMEALS.COM.
TO AVOID BEING CHARGED FOR PLACED ORDERS THAT YOU NO LONGER WISH TO RECEIVE IN THE EVENT OF A SUBSCRIPTION CANCELLATION, YOU MUST CANCEL PRIOR TO THE DATE WHEN YOU ARE TO BE CHARGED FOR YOUR NEXT ORDER, WHICH IS EMAILED TO YOU EACH WEEK AND ALSO DISPLAYED ON DELIVERIES. THE CHARGE IS TYPICALLY 5 OR 6 DAYS BEFORE YOUR EXPECTED DELIVERY, DEPENDING ON YOUR SPECIFIED DEADLINE, BUT CAN VARY DEPENDING ON SHIPPING LENGTH AND OTHER FACTORS.
IF YOU CANCEL A SUBSCRIPTION TO A PLAN BEFORE RECEIVING YOUR FIRST ORDER, YOUR FIRST ORDER MAY OR MAY NOT BE CANCELLED AND RELATED AMOUNTS PAID MAY OR MAY NOT BE REFUNDED TO YOU, DEPENDING ON FACTORS INCLUDING THE STATUS OF YOUR MEALS IN OUR PRODUCTION PROCESS, AND ANY PROMOTIONS APPLIED. YOU WILL BE NOTIFIED AT THE TIME OF CANCEL IF ANY OF YOUR CHARGED ORDERS WILL BE CANCELLED AND REFUNDED, TO CONFIRM, EMAIL US AT INFO@MOMSMEALS.COM.
e) Food Substitution Policy
Although Mom’s Meals takes every reasonable measure to have sufficient inventory to fill your order, availability of Product(s) may change without notice. Mom’s Meals is not responsible for the unavailability of Product for any reason, whether discontinued or still in production.
In the completion of orders, Mom’s Meals reserves the right to substitute a similar Product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual Product packages for the most updated information regarding ingredients and nutritional content for any/all of Mom’s Meal’s Products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Return and Refund Policy
Please promptly contact Mom’s Meals’ customer care team at email@example.com or (866) 971-6667 if a Product does not meet your satisfaction or an error has been committed with respect to the prices charged. Mom’s Meals, in its sole discretion, may give you a credit (either in part or in whole) or in some cases a refund (either in part or in whole) if the problem relates to a Product. Mom’s Meals, however, may require proof (such as photographic proof or the return of the Product) of the problem before determining whether Mom’s Meals will issue a refund or credit of any kind.
Payment and Billing Information
You represent and warrant that you are authorized to use any credit card or other payment method that you provide to Mom’s Meals and Mom’s Meals accepts. You further authorize Mom’s Meals (and any third-party payment processor) to charge the respective payment method for your purchases (including any auto-ship purchases as well as any for any taxes or applicable charges). Mom’s Meals may suspend or cancel your order if there are any problems with your payment method such as it being invalid, it cannot be verified, or other similar problems arise. You acknowledge and agree that amounts you are charged may change based on what you select, promotions, changes in other charges (such as shipping costs), or changes in applicable taxes. Mom’s Meals may require you to resolve any payment problems before processing or continuing with any order. Keep in mind that you need to cancel any auto-ship feature before the deadline or you will continue generating charges for which you are responsible. A payment problem by itself does not cancel your auto ship selection.
If you place orders with a thirty party, your purchase will be billed and charged by that party regardless of any provision of these Terms to the contrary. Mom’s Meals has no involvement.
Gift Cards/Gift Certificates and Promotions
Gift Cards are not redeemable for cash or returnable except where otherwise required by law. Mom’s Meals will not replace a lost or stolen Gift Card. Gift Cards are for personal use and not for any commercial, promotional, or advertising use. Each Gift Card’s balance is the sole liability of Mom’s Meals. Mom’s Meals may deny use of a Gift Card when it believes the Gift Card has been misappropriated. You represent and warrant that you will not use any Gift Card for an illegal or improper purpose. “Gift Cards” includes Mom’s Meals gift cards, gift certificates, electronic gift cards, and electronic gift certificates.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) that Mom’s Meals operates through the Website are also governed by the rules of that Promotion. To the extent there is a conflict between the rules of that Promotion and these Terms, the rules of that Promotion shall govern.
Mom’s Meals prices are in U.S. dollars. Applicable taxes and other charges (such as shipping and handling), if any, are additional to the price of the Products. Mom’s Meals may adjust prices as it determines in its sole discretion, at any time, and without notice, including without limitation, as based on geographic or other criteria as Mom’s Meals may establish from time to time; provided, however, that if Mom’s Meals changes the amounts or other charges associated with auto ship plans, Mom’s Meals will provide advance notice of such changes in accordance with these Terms. Mom’s Meals will not, however, be able to notify you of changes in any applicable taxes. The shipment of meals or other Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your auto ship Plan before the weekly shipment is processed.
Mom’s Meals may, without notice, apply quantity limits on any order, reject all or any part of any order, discontinue offering any Product, or make substitutions to any Product (whether the entire Product or part of the Product). If a substitution is not satisfactory to you, please contact Mom’s Meals at firstname.lastname@example.org or (866) 971-6667.
Mom’s Meals collects applicable taxes such as sales, use, and other taxes on Products shipped to specific jurisdictions if Mom’s Meals determines it has a duty to collect taxes applicable to the transaction. The amount of tax appearing at checkout may be adjusted. This can result from a variety of reasons, including, but not limited to changes in applicable tax rates or processor programs.
Shipping and Handling
Mom’s Meals will provide you notice of applicable shipping and handling charges when you make your purchase. Mom’s Meals, however, may add, delete, increase, decrease, or otherwise change shipping and handling charges from time to time. Shipping is handled by a third-party courier in most instances. Shipping times are shown as estimates only. Actual delivery dates and times may vary. Title to Products as well as the risk of loss to such Products transfer to you when they are delivered to you.
Notwithstanding anything else in this section, shipping and handling for any purchase made through a third-party seller will be made in accordance with and subject to the applicable agreement you have with the third-party seller. Mom’s Meals has no responsibility for any orders placed with anyone else and is not part of those transactions.
Local Consumer Uses Only and Export Control
You cannot use the Products for commercial purposes or resell them. You cannot export Products either directly or indirectly. Nor can you purchase, export, or re-export Products (1) into a country embargoed by the United States, (2) to anyone the United States Treasury Department has placed on the Specially Designated Nationals list, or (3) to anyone on the United States Department of Commerce’s Denied Persons List or Entity List. Your entering into these Terms with Mom’s Meals is a representation and warranty that (i) you are not located in a country under embargo under by the United States or that has been designated by the United States as a “terrorist supporting” country, and (ii) you are not listed on any United States list of prohibited or restricted parties or acting for any such person.
License to Access and Use Mom’s Meals Websites and Content
Mom’s Meals or the other providers of Content, while you are complying with these Terms, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Content for only personal and non-commercial use. Mom’s Meals for itself and its licensors reserves all right, title, and interest in and to the Website and Content except as may otherwise be explicitly provided in writing in these Terms. To the extent the Website contains any third-party materials, your use of those materials may subject to separate terms and conditions. There shall be no granting of rights to you through estoppel, implication, or otherwise. Any license granted to you is revocable at any time. You may not sell, resell, or otherwise commercially exploit the Website or Content. You may not publicly display, publicly perform, or distribute Content. You may not modify the Website or Content or make derivative works of either. You may not use any means of gathering data or extracting data such as data mining or robots. You may not use the Website or Content for any purpose that is not the intended purpose. You may not page cache or download any Website or Content or part of either. You may not frame or utilize framing techniques to enclose Mom’s Meals trademarks, logos, or other proprietary information. You may not use hidden text or meta tags in relation to Mom’s Meals name or trademarks. You also may not use the Website or Content for any illegal purpose. If you want to use the Website or Content in an unapproved manner, you must obtain Mom’s Meals separate written consent, which Mom’s Meals (or the respective Content owner) may grant, condition, delay, or withhold in its sole discretion. The license terminates if you do not comply with these Terms. The Website and/or Content may include software components provided by Mom’s Meals or aa third party that are subject to separate license terms. Those license terms will govern such software components. “Content” means all content and other materials contained in a Website, including, without limitation, logos, designs, text, graphics, pictures, information, data, software, sound files, and User Content. All Content is the property of Mom’s Meals or its licensors.
Copyright Infringement and Complaints Policies; Trademarks
Content includes things such as text, graphics, logos, images, videos, audio clips, downloads, and software. Mom’s Meals or its Content licensors own the Content, which is protected by United States and international copyright laws. The compilation of all Content included in the Website or made available through the Website is the exclusive property of Mom’s Meals. It is also protected by U.S. and international copyright laws.
Mom’s Meals has a policy for limiting access to the Website by, or terminating the accounts of, users, in appropriate circumstances and in Mom’s Meals sole discretion, who infringe the intellectual property rights of other persons. You may file a notification of alleged infringement of any copyright you own or control by contacting Mom’s Meals’ designated agent.Name of Designated Agent: General Counsel
Address: 3210 SE Corporate Woods DR, Ankeny, Iowa 50021
“Mom’s Meals,” “Mom’s Meals Nourishcare,” “PurFoods,” “Mom’s Meals A Purfoods Company,” the Mom’s Meals logo, and any other Mom’s Meals Product or service names, logos or slogans appearing on the Website or Products are trademarks of Mom’s Meals and may not be copied, imitated, or used, in whole or in part, without Mom’s Meals prior written permission.
All other trademarks, registered trademarks, Product names, and company names or logos appearing on the Website or Products are the property of their respective owners. They may not be copied, imitated, or used, in whole or in part, without the permission of the owner of the applicable trademark. Mom’s Meals does not endorse, sponsor, or recommend any of them by their appearance.
User Conduct Policy
You agree to use the Website and Interactive Services in a manner consistent with any and all applicable laws and regulations. You are responsible for your actions and inactions. Mom’s Meals is not responsible for, and does not endorse, content in any posting made by other users on the Interactive Services. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Mom’s Meals has the right to remove any user contributions from the Interactive Services for any or no reason. Mom’s Meals reserves the right to take necessary legal action against users. In using or accessing the Website, you may not:
- violate any applicable law, regulation, order, ordinance, contract right, property right, or other rights of any kind;
- use the Website for any illegal or unauthorized purpose;
- use the Website to promote any illegal or unauthorized purpose or use the Website in a way that violates these Terms;
- harass, threaten, intimidate, or stalk anyone, or otherwise engage in any predatory conduct;
- display or collect anyone else’s personal or confidential information such as addresses (street, mailing, email, or otherwise), names, or phone numbers;
- use or attempt to access someone else’s account without their permission;
- claim or imply that you are associated or endorsed by Mom’s Meals;
- use, access, attempt to access, or attempt to use an area of the Website that you do not have permission to use or access;
- do anything that may damage or otherwise harm or limit the Website or its functioning;
- do anything that might interfere with anyone else’s use or enjoyment of the Website;
- decipher or reverse engineer any portion of the Website or do anything that might discover source code or that bypasses or circumvents measures used to obstruct, prevent, or limit access to any Content, area of the Website, or code of the Website;
- develop or use any application that interacts with the Website or Content without Mom’s Meals prior written consent;
The Website may include certain capabilities that allow users to create, post, share, or store content (“User Content”). User Content examples would include reviews, photos, videos, text, and graphics. You are solely responsible for any User Content you share. User Content may not be private and others may see it. You may not share any User Content that:
- is illegal, defamatory, obscene, pornographic, indecent, harassing, threatening, fraudulent, or involves someone else’s privacy or publicity rights;
- encourages or instructs others to engage in illegal conduct or to violate the rights of others of any kind;
- otherwise violates the rights of anyone else;
- misconstrues your good faith beliefs, experiences, or who you are;
- is any sort of promotion, political material, advertising, or solicitation;
- contains any virus or other disabling or harmful files or content;
- contains, without their consent, anyone else’s personal or confidential information; or
- may, in Mom’s Meals sole discretion, harm anyone in any way.
You can submit reviews, photos, videos, questions, comments, suggestions, ideas, original materials, or creative materials, or any other information about Mom’s Meals, the Website, or Products (collectively, “Feedback”). Except as otherwise required by applicable law, Feedback is nonconfidential and is Mom’s Meals sole property. Mom’s Meals owns exclusive rights in and to such Feedback, including, without limitation, all intellectual property rights of any kind. Mom’s Meals is entitled to the unrestricted use and dissemination of Feedback you provide. Mom’s Meals may use and disseminate Feedback for any purpose of any kind. Mom’s Meals has no obligation to acknowledge you or compensate you for any such use or dissemination.
You agree to defend, indemnify, and hold harmless Mom’s Meals and its directors, officers, agents, licensors, representatives, and employees (collectively, “Mom’s Meals’ Representatives”), from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses (including reasonable attorney fees), and settlements resulting from or in connection with your use of the Website, Content, Interactive Services, Promotions, or Products. At its own expense, Mom’s Meals may, but is not required to, assume the exclusive defense and control of any matter. You must cooperate as Mom’s Meals reasonably requires. You must notify Mom’s Meals in writing of any third-party claim immediately upon learning about it.
Food Safety. Once Mom’s Meals Products are delivered, it is up to the consumer to use proper food safety techniques, including but not limited to thorough washing of raw produce, and the proper storage, cooking and disposal of meals. MOM’S MEALS PRODUCTS ARE GUARANTEED UP TO THE TIME OF DELIVERY AND MOM’S MEALS HEREBY DISCLAIMS ANY PRODUCT WARRANTIES THEREAFTER. MOM’S MEALS ALSO DISCLAIMS ANY WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTYAND ANY WARRANTIES RELATING TO THE WEBSITE, CONTENT, ANY OTHER WEBWEBSITE LINKING TO THE WEBSITE, AND ANY INFORMATION APPEARING ON SUCH OTHER WEBWEBSITE.
Health Related Information. The information contained in the Website or Interactive Services is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with Mom’s Meals) for diagnosing or treating a health problem or disease, or prescribing any medication. You should carefully read all Product packaging prior to use
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
MOM’S MEALS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS, AGENTS, AND ITS OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING OUT OF THESE TERMS, THE WEBSITE, THE CONTENT, OR THE ORDER, RECEIPT, OR USE OF ANY OF THE INTERACTIVE SERVICES OR PRODUCTS OR INFORMATION. DAMAGES THAT YOU CANNOT RECOVER INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES RELATING TO PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE OF DATA, LOSS OF DATA, ANTICIPATED SAVINGS, DIMINIMUITION IN VALUE OF ASSETS OR SECURITIES, LOSS OF GOODWILL, THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE MOM’S MEALS OFFERINGS, OR DAMAGES FOR BUSINESS INTERRUPTION.
MOM’S MEALS AND MOM’S MEALS’ REPRESENTATIVES TOTAL LIABILITY, TOGETHER, IN ANY WAY RELATING OR ARISING OUT OF YOUR ORDER, USE, OR RECEIPT OF ANY PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
THE LIMITATIONS AND EXCLUSIONS SHALL APPLY, WITHOUT REGARD TO THE FORM OF ACTION OR THEORY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY NEGLIGENCE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ACTIVE, PASSIVE, SIMPLE, IMPUTED, OR OTHERWISE), ANY OTHER LEGAL OR EQUITABLE CLAIM OR THEORY THE LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
YOU AGREE THAT THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOURSELF, YOUR SUCCESSORS, HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, LEGAL REPRSENTATIVES, AND ANYONE ELSE WHO MAY CLAIM THROUGH YOU (COLLECTIVELY, “YOUR REPRESENTATIVES”). FOR YOU AND YOUR REPRESENTATIVES, YOU HEREBY WAIVE, ACQUIT, RELEASE, AND FOREVER DISCHARGE MOM’S MEALS AND MOM’S MEALS’ REPRESENTATIVES FROM AND AGAINST ANY CLAIMS RELATED TO THE USE OF THIS WEBSITE AND COVENANT NOT TO SUE SUCH PERSONS.
CALIFORNIA RESIDENTS HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS AND EXCLUSION OF DAMAGES WILL NOT APPLY TO THE LIMITED EXTENT TO WHICH APPLICABLE LAW PREVENTS SUCH LIMITATIONS AND EXCLUSIONS FROM APPLYING TO THE CIRCUMSTANCE, SUCH AS IN CASES OF FRAUD OR MALICIOUS CONDUCT TOWARDS YOU.
Pre-Dispute Notice and Negotiation Requirements; Class Action Waiver
You should read this section closely. It limits how you can obtain relief against Mom’s Meals including, but not limited to, specific timelines that must be followed.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at (866) 971-6667. Each party agrees that the party will send the other party written notice of any claim within thirty (30) days of the date the claim arises. Upon receipt of a notice of a claim, the parties must attempt in good faith to resolve the dispute, claim, or request for relief. Neither party shall be required to attempt to resolve a dispute, claim, or request for relief for longer than thirty days. If the dispute, claim, or request for relief is not resolved within thirty days, then either party may file a claim as allowed in that particular instance. Your notice must be sent to Mom’s Meals, Attn: General Counsel, 3210 SE Corporate Woods Dr, Ankeny, Iowa 50325 (or such other address Mom’s Meals may later provide). Your notice must include: (1) your name, address, and telephone number, (2) the email address you use with your Mom’s Meals account (if you have an account), and (3) a reasonable description of your claim including, but not limited to, what you believe happened and what you specifically want from Mom’s Meals. Your notice to Mom’s Meals is effective when it is received. In a notice to you, Mom’s Meals’ will include (a) Mom’s Meals’ name along with an address, telephone number, and email address at which you can contact Mom’s Meals concerning the matter, and (b) a reasonable description of Mom’s Meals’ claim including, but not limited to, what Mom’s Meals believes happened and what it wants from you.
YOU AND MOM’S MEALS AGREE THAT ANY DISPUTE, CLAIM, OR REQUEST FOR RELIEF CONCERNING, ARISING OUT OF, OR RELATING TO THESE TERMS OR THE WEBSITES, CONTENT, OR PRODUCTS IS PERSONAL TO YOU AND MOM’S MEALS. YOU FURTHER AGREE THAT SUCH DISPUTE, CLAIM, OR REQUEST FOR RELIEF WILL NOT BE BROUGHT AS A CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE (WHETHER ON BEHALF OF SOMEONE ELSE OR A GROUP) PROCEEDING WHETHER IN COURT, OR OTHERWISE. Notwithstanding this provision, either party may participate in a class-wide settlement.
These Terms shall be interpreted, construed, and governed by Iowa law (without reference to its principles of conflicts of laws). The parties hereby irrevocably consent to exclusive venue and jurisdiction in the courts for Polk County, Iowa, waiving any objections to jurisdiction or venue such as forum nonconveniens.
These Terms and the policies mentioned herein set forth the entire understanding and statement of the relationship between the parties and supersedes all previous or contemporaneous oral or written negotiations and agreements between the parties relating to the subject matter of these Terms. Notwithstanding the foregoing, these Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Products, services, or otherwise that are not the subject of these Terms.
If any part of these Terms are illegal, invalid, or otherwise unenforceable, the remainder of the Terms shall remain unaffected to the full extent allowed by law.
Mom’s Meals may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record in your Mom’s Meals account. You may give notice to Mom’s Meals at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Mom’s Meals, 3210 SE Corporate Woods Dr, Ankeny, IA 50021, Attn: Legal Department.
Any waiver must be in writing and be signed by the party to be effective. No failure or delay to take action shall constitute a waiver. Any waiver shall not operate as a waiver as to any other instance. Any partial waiver shall not constitute a waiver as to the remainder.
Neither party shall be responsible for any failure to perform due to causes beyond the party's reasonable control, including but not limited to labor disputes, epidemics or pandemics, strikes, acts of God, ﬁre, delays in transportation, interruption or failure of electricity or communications systems, or governmental actions. Any delay beyond the party's reasonable control shall be excused and the period of performance extended as may be necessary to enable the party to perform after the cause of delay has been removed.
Mom’s Meals may assign or otherwise transfer these Terms or delegate any duties without your consent.
Nothing in these Terms, express or implied, is intended to confer, or shall confer, upon any party, other than the parties to these Terms (and their respective legal representatives, heirs and permitted successors and assigns), any rights, remedies, obligations, or liabilities under or by reason of these Terms; provided, however, Mom’s Meals’ Representatives indemnified under these Terms shall have the right to enforce said provision of these Terms.
Except to the extent expressly stated otherwise, Mom’s Meals remedies are cumulative.
Those provisions of these Terms that by their nature should survive the termination or expiration of these Terms shall survive. Without implying anything, amounts you owe Mom’s Meals, the exclusive venue and jurisdiction provisions, your indemnification obligations, your representations, your warranties, your waivers, Mom’s Meals’ limited liability, the exclusion of damages in Mom’s Meals’ favor, and the “Miscellaneous Provisions” of this section shall survive. Without implying anything, no licenses in your favor shall survive.6259810.1
Mom’s Meals may remove, edit, or screen any User Content at any time, without notice and in its sole discretion. Mom’s Meals, however, has no obligation to do so. If you do not want to lose any of your User Content, you must create your own copies and backups, which are at your sole cost and expense.
Mom’s Meals is not responsible for and does not claim any ownership interest in your User Content. You do, however, grant Mom’s Meals (and its licensees, successors, and assigns) a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute, perform, and publicly display your User Content, either in whole or in part for any purpose of any kind whether for commercial purposes, promotional purposes, advertising purposes, publicity, non-commercial purposes, or otherwise. To the full extent allowed by applicable law, such grant includes your name, image, likeness, voice, persona, signature, testimony, or similar items to the extent they are included in the User Content or is otherwise provided to Mom’s Meals.
You represent and warrant that any User Content you provide does not violate anyone else’s rights of any kind, you have full authority and right to provide the User Content, and the User Content does not violate these Terms in any way.