- Welcome to the graze.com website (the “Site”). We provide a subscription food service delivering packaged foods directly to consumers via mail (collectively, including all features, functionality and content of the Site, the “Services”).
- By using, visiting, or browsing the Site or Services, you accept and agree to be bound by the terms and conditions of this Agreement, so please read this Agreement carefully before using the Site or Services. If you do not accept and agree to be bound by the terms and conditions of this Agreement, you should not use the Site or Services.
- You must be 18 years of age or older to use the Site or Services or to accept this Agreement.
3. Accounts and Subscription
- 3.1 Account creation
- In order to become a member of the Site and use our Services, you must register for an account with us (“Account”) and provide us with personal information as prompted by the Site registration form. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may cancel your orders at any time by following the instructions on the Site. We may refuse any application to join Nature Delivered Inc. or receive our Services for any reason whatsoever. We may suspend or terminate your Account in accordance with Section 9.
- Upon registering, ordering boxes as part of a promotion and/or signing up to receive regular deliveries, restarting regular deliveries, or changing credit or debit card details, your credit or debit card will be authorized for up to the cost of two boxes to verify your payment details. A $1 payment may be applied to your card in order to authorize it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect this shadow transaction on your account balance. It should disappear from your bank statement within 5-10 business days.
- 3.3 Account Responsibilities
- You are fully responsible for keeping your Account login information confidential and for all activities that occur within your Account. If you suspect that there has been unauthorized access to your Account or any other potential security breaches you agree to immediately notify us of this. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
- 3.4 On-going subscription
- By ordering the Service you are signing up to a periodic subscription with us and agree to pay the then current applicable Service fee listed on the site (as defined by the number of boxes you choose to receive per period). Your subscription, which may start with a free or discounted box, will continue at the level you have chosen (or at a different level if you change your preferences) unless and until you cancel your subscription or we terminate it. You must cancel your subscription before your billing day for each period (which will be clearly stated in the "Orders" section of the Site) in order to avoid billing of the next period’s Service fee to your chosen payment method. We will automatically bill the Service fee every period to the payment method you provide to us during registration (or to a different payment method if you change your account information). We may change the pricing for the Service by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews.
- 3.5 Cancellation
- You may cancel your subscription at any time. To cancel, visit the site and click on "manage my recurring order" on your orders page. Then click on "more options" in the drop down menu and select "cancel this order." Follow the instructions until cancellation is confirmed on the screen.
- If you have multiple recurring orders in place you will need to go through the process outlined above for each individual order to ensure that all of your recurring orders have been successfully cancelled.
- 3.6 Free or Discounted Offers
- Free or discounted introductory offers are only available to new users of the Service, except where expressly stated, previous users or trial users of the Service do not qualify for an additional special offer. Free or discounted offers are available only once to any one person. Discounts and credits cannot be used in conjunction with any other offers. You must have internet access and valid payment details to redeem a free or discounted offer. You will be charged the full price for boxes after your free or discounted offer. Except where otherwise stated, discounts and credits can only be redeemed against 4 snack variety boxes. We will continue to bill you by your chosen payment method for the Service until you cancel your subscription.
- 3.7 Payment details
- If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future boxes in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on email@example.com.
- By using the Site, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to the Service. These communications are part of your relationship with us and you receive them as part of your subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
5. Use of the Site, Intellectual Property
- 5.1 License
- Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to use the Site and Services for your personal and non-commercial use. Any breach of this Agreement will result in the immediate revocation of the license granted in this paragraph without notice to you.
- Except for the foregoing limited license, no right, title or interest shall transfer to you. You may not reproduce, display, transmit, license, lease, rent, sell, transfer, assign, distribute, create derivative work from, translate, modify, reverse engineer, disassemble, decompile or otherwise exploit the Site or Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that a customer conduct violates applicable law or is harmful to our interests.
- You acknowledge that all copyrights, patents, trademarks, and any other intellectual property rights contained within the Site and/or Services are owned by us or our agents. Our provision of the Site and delivery of the Service to you does in no way transfer to you, or any third party, any rights, title or interest in or to these intellectual property rights. We and our agents reserve all rights not granted in this Agreement.
- 5.2 Support
- You acknowledge that we have no responsibility to provide you with any support in relation to the Site or Services.
- 5.3 Ongoing Changes to the Site; Service
- From time to time, we test various aspects of the Service, including the Site, user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
- Although we aim to offer you the best service possible, we make no promise that the Site and Services will meet your requirements and we cannot guarantee that the Service will be fault free. If a fault occurs in the Service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the Service as soon as we reasonably can. In the event that the Site is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at firstname.lastname@example.org.
6. Third Party Sites and Ads
- From time to time the Site may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse, approve, monitor or review these websites. We have no responsibility for the content of the linked websites.
- You use all external links at your own risk. Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
7. User Material and Feedback
- 7.1 User Material
- “User Material” refers to all information and content that a user submits or enters to the Site or Service (including text, files, images, photos, video, sounds and musical or literary works). You are solely responsible for your User Material and assume all risks associated with use of your User Material. We do not systematically review User Material submitted by users of this website and are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material and we make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this Agreement and we may do this with or without giving you any prior notice. Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person. Please note that we are not obligated to backup any User Material and it may be deleted at any time.
- 7.2 Feedback
- If you provide us with any feedback, suggestions, ideas or information (including in your User Material) regarding the Site or Services (“Feedback”), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.
- You agree to indemnify, defend and hold the Company (and its officers, employees, agents and its affiliates, parent company(ies) and their respective officers, employees and agents) harmless from and against any claim, demand, action, proceeding, damage, fine, penalty or loss of any kind, including attorneys’ fees and costs, made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Material, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations.
- If you are a resident of New Jersey, the above indemnification provision shall apply only to the extent claims arise from or relate to your violation of the Agreement.
- We reserve 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 our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Right to Terminate
- In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement for any or no reason whatsoever. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or similar force majeure event. We reserve the right to immediately terminate the Terms for any reason. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site and Services in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) arising before the date of termination. You understand that any termination of your Account involves deletion of your User Material associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Material.
10. Governing Law/Venue
- This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to its conflict of laws provisions. You hereby submit to the jurisdiction of any state or federal court sitting in the State and County of New York, in any action or proceeding arising out of or relating to this Agreement and not subject to arbitration, and you further hereby agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You hereby waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought and further waive any bond, surety, or other security that might be required of any party with respect thereto.
- The Site its contents and associated Services are provided "as is" and on an "as available" basis and we (and our suppliers) make no representations or warranties, whether express or implied, of any kind with respect to it. We (and our suppliers) assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the Site, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We (and our suppliers) disclaim all representations and warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy and systems integration. In addition, we do not represent or warrant that the information accessible via the Site is accurate, complete or current.
- Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
12. Purchase of Boxes
- We select your boxes based on your ratings of try, like, love, and trash. We reserve the right to not send certain combinations of products together in a box.
13. Information about what our products contain
13.1 On each product page under 'full ingredients' as well as in the leaflet you get in your box with your chosen products, we provide a list of the product's ingredients. We also state if a product contains any of the following ingredients/substances which may cause allergies or intolerances:
- 13.1.1 wheat;
- 13.1.2 milk;
- 13.1.3 eggs;
- 13.1.4 peanuts;
- 13.1.5 tree nuts (i.e almond, hazelnut/filbert, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and coconut);
- 13.1.6 soy or soybeans;
- 13.1.7 fish;
- 13.1.8 crustacean shellfish;
- 13.2 As all of our products are prepared in the same environment, we are unable to guarantee that our products are completely free from any of the ingredients/substances listed above.
- 13.3 We include nutritional information relating to each product on our website on each product's page. Your box will also come with a leaflet containing this information relating to the products you have chosen.
14. Limitation of Liability
- In no event shall we, including our shareholders, directors, officers, employees or agents, and the Company’s affiliates and parent company(ies), and their respective shareholders, directors, officers, employees and agents be liable (jointly or severally), to you or any third party for any special, incidental, exemplary, punitive, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.
- The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, we, including our shareholders, directors, officers, employees or agents, and the Company's affiliates and parent company(ies), and their respective shareholders, directors, officers, employees and agents, are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and we are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.
- If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Our maximum liability to you, arising out of or in connection directly or indirectly with your use of the Site, Site content or our Services shall not exceed in aggregate the total amount paid by you to us in respect of the Services in the month preceding any such claim. The existence of more than one claim will not enlarge this limit. You agree that our agents will have no liability of any kind arising from or relating to this agreement.
- PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Graze and you agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
- In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services, Graze or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Graze by email to email@example.com AND by U.S. Mail to Privacy Officer, Graze, 25 Colony Road, Jersey City, New Jersey 07305. To the extent that Graze has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. Graze and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Graze and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Graze or you may resort to the other dispute resolution alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services.
- Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Graze and you arising under this Agreement or in connection with your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site or Services shall not be subject to arbitration.
- For residents outside the United States, arbitration shall be initiated in the state of New York and Graze and you agree to submit to the personal jurisdiction of any state or federal court in New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at www.jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the "JAMS Rules") and under the rules set forth in these Terms.
- Graze shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless Graze is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Graze and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Graze and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, Graze and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Graze and you understand that, absent this mandatory arbitration provision, Graze and you would have the right to sue in court and have a jury trial. Graze and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Rules.
- You may choose to pursue your claim in small claims court where jurisdiction and venue over Graze and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
- Right to Opt Out. You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to via firstname.lastname@example.org AND by U.S. Mail to Privacy Officer, Graze, 25 Colony Road, Jersey City, NJ 07305. The notice must be sent within the later of 30 days of your first use of the Services or registration with the Services, or within 30 days of changes to this section being announced on the Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Graze also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Services will be deemed to be your irrevocable acceptance of these arbitration provisions and any changes/updates to this section or otherwise.
- If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Graze and you agree to waive, to the fullest extent allowed by law, any trial by jury.
- The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Graze to the extent that any such claims arise out of your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services.
16. Class Action Waiver
- PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
- Graze and you agree that Graze and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under this Agreement or otherwise in connection with the Site or Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Graze and you further agree that Graze and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this Agreement or in connection with the Site or Services. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal or state court located in New York, NY.
- The terms of this provision will also apply to any claims asserted by you against any of our respective affiliates or related companies, employees, agents, content providers, suppliers, or licensors to the extent that any such claims arise out of your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services.
17. Changes to Section 15 or 16
- Graze will provide thirty (30) days' notice of any material changes to either Section 15 (Disputes/Arbitration) or Section 16 (Class Action Waiver). Changes will become effective on the thirtieth (30th) day, and will apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to Sections 15 or 16" is not enforceable or valid, then this subsection shall be severed from the Agreement, and the court or arbitrator shall apply the first Disputes/Arbitration and Class Action Waiver sections in existence after you accessed or used Site.
18. Overall Agreement
19. Contact Information
Nature Delivered Inc,
25 Colony Road,
New Jersey 07030,