Sapor Food Group, LLC (d/b/a Simply Good Jars) Terms and Conditions of Service
Last Updated: March 06, 2018
Acceptance of Agreement.
This agreement is between you and Sapor Food Group, LLC (the “Company”, “Simply Good Jars”, “we”, “us”, “our”). These Terms and Conditions of Service Agreement (the “Terms” or the “Agreement”) are a legal contract between you, the customer, and Simply Good Jars. In using the Simply Good Jars website, mobile application and software (together, the “Site”), you agree to the terms and conditions outlined in this Agreement. If you do not agree with any of these Terms, do not access or otherwise use this site or any information contained on this Site. This Agreement constitutes the entire and only agreement between us and you with respect to performance of services, furnishing of goods (“Products”), and the permitted use of the Site located at the URL www.simplygoodjars.com, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, Products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time. We will provide notice to you of material changes to the Terms. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Description and Use of the Services
Through the services provided by us through the Site and described in these Terms (collectively the “Services”), we offer, specially curated meals in a jar delivered directly to the customer through a subscription-based service, as described in these Terms.
All Services and Products are purchased via the Site. We provide Subscribers with access to our Site and Services as described in these Terms.
Subscribers. Registration and login is required for all subscribers (individually a “Subscriber” and, collectively, the “Subscribers”). In addition to viewing all publicly-accessible Content, by becoming a Subscriber you can use the Site to, select weekly or monthly subscription plans for the Products, and sign up for newsletters and alerts. Subscribers do not customize orders, but Subscribers may indicate Product preferences and dietary restrictions through their account.
We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion.
By entering into this Agreement and using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Simply Good Jars if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Simply Good Jars or the Site.
When creating your account, you must provide true, accurate, current, and complete information. Upon creating an account with us, you will be automatically assigned a unique member identification number (“member ID”). An email will be sent to the email you provide that contains direct links for you to manage your account through your unique member ID. Each member ID can be used by only one Subscriber. You are solely responsible for the confidentiality and use of your account as well as for any use, misuse, or communications entered through the Site using your member ID. You must promptly inform us of any need to deactivate your account. We reserve the right, upon reasonable written notice, to reset your member ID, at any time and for any reason. We will not be liable for any loss or damage caused by any unauthorized use of your account.
Use of the Site
By accessing and/or using the Site or our Services, you hereby agree to the following terms and conditions:
- You will not use the Site or our Services for any unlawful purpose;
- Subscribers may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not access or use the Site or our Services to collect any market research for a competing business;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site or Services, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not interfere with or attempt to interrupt the proper operation of the Site or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Services, without notice that does not adhere to these terms and conditions.
Subscription and Cancellations
By registering for an account with Simply Good Jars and signing up for and submitting your subscription preferences and payment, you become a Subscriber with access to certain password-restricted areas of the Site, and as well as certain of the Services (a “Subscription”). Each Subscription and the rights and privileges provided to a Subscriber are personal and non-transferable. All sales and payments of Subscription fees, taxes and other charges will be in U.S. Dollars.
The fee that we will charge you for your Subscription will be the price posted on the Order Summary Page, on the date that you submit your Subscription order. You will be liable for paying any and all applicable fees, taxes and other charges you may incur in connection with your purchase of your Subscription, based on the mailing address that you provide when you register as a Subscriber. We reserve the right to change prices for Subscriptions at any time, with notice to you, and do not provide price protection or refunds in the event of promotions or price decreases.
IMPORTANT NOTICE ABOUT AUTOMATIC RENEWAL OF SUBSCRIPTION.
Please carefully read the following terms relating to the automatic renewal of your Subscription. By purchasing a Subscription, you indicate your understanding of, and agreement to, these terms.
Your Subscription is for a pre-paid term of one week (a “Subscription Term”), and will continue to renew every week until you cancel.
At the end of each Subscription Term, Simply Good Jars will automatically renew your Subscription for another Subscription Term (a “Renewal”). Upon each such Renewal, as authorized by you during the Subscription sign-up process, Simply Good Jars will charge your account with the applicable Subscription fee for the subsequent Subscription Term and any sale or similar taxes that may be imposed on your Subscription fee payment, unless you cancel your Subscription at least 7 days prior to such Renewal; to be effective, a cancelation must be submitted by 12PM Eastern Standard Time, at least 7 days prior to the next Renewal. Cancelations received less than 7 days prior to the next Renewal, will be applied to the subsequent Renewal and Subscription Period. Your Subscription will continue to automatically renew at the end of each Subscription Term until you cancel your Subscription.
Payment and Price.
The Subscription fee for the subsequent Subscription Term is due upon the date of each such Renewal and will be automatically charged to the same credit card, PayPal or other designated payment method that you used for the initial Subscription or the most recent Renewal. The Renewal price will be the same price as for the prior Subscription Term, unless we give you advance notice of a price change. You will receive a notice if there are any material changes to the terms of, or policies regarding, your Subscription’s automatic renewal.
Cancellation Policy and Procedure.
To cancel your Subscription, you must email us at email@example.com or call us at 267-714-4382. If you cancel by 12PM Eastern, 7 days prior to the next Renewal date, as applicable, your cancellation will be effective as to the next Renewal and Subscription Term. Otherwise, your cancellation will be effective for the subsequent Renewal and Subscription Period.
If you cancel your Subscription, you will enjoy the usage, rights and privileges of your Subscription until the effective date of your cancellation.
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. Your liability for such charges shall continue after termination of this Agreement.
Simply Good Jars does not accept returned food Products. If you are not satisfied with your order, or any individual Product, you may contact our customer service department at firstname.lastname@example.org.
While Simply Good Jars does not accept returned food Products, we encourage recycling the Product jars and provide an incentive to customers returning their jars. Under the jar return incentive program, customers may return jars at the next Product delivery and in return Simply Good Jars will prepare one fresh meal to feed the hungry and homeless in the communities we serve.
The Site, including the software applications and the content provided through it, are the property of Simply Good Jars and we grant you a limited, non-exclusive, revocable license to make use of the Site and to receive the media content made available through it (the “License”). This License shall remain in effect unless terminated by you or us. We reserve the right to terminate this License at any time upon 15-day notice to you. The copying, redistribution, use or publication by you of any part of the Site, except as allowed by the terms of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You may not assign this Agreement or transfer or sub-license your rights under this License, to any third party.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU ARE RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, AND REFRIGERATION OF ANY FOOD CONTAINED IN THE PRODUCTS. WE ARE NOT RESPONSIBLE FOR YOUR ACTIONS AFTER YOU RECEIVE THE PRODUCTS. ALL PRODUCTS ARE TRANSPORTED FOR DELIVERY TO THE CUSTOMER IN A FOOD SAFE, TEMPERATURE-CONTROLLED ENVIRONMENT. ALL PRODUCTS SHOULD BE RECEIVED AND REFRIGERATED AT OR UNDER 40° F AS RECOMMENDED AND USED WITHIN FIVE (5) DAYS OF DELIVERY. SIMPLY GOOD JARS IS NOT RESPONSIBLE FOR ANY IMPACT ON PRODUCT QUALITY OR SAFETY IF THE CUSTOMER DOES NOT REFRIGERATE THE PRODUCT DURING THE FIVE (5) DAYS FOLLOWING DELIVERY TO THE CUSTOMER. PRODUCTS THAT ARE UNREFRIGERATED BY THE CUSTOMER FOR MORE THAN 4 HOURS SHOULD BE DISPOSED OF AND NOT CONSUMED. PRODUCT JARS ARE NOT MICROWAVABLE OR DISHWASHER SAFE AND SHOULD NOT BE HEATED.
NUTRITION AND ALLERGEN INFORMATION FOR THE PRODUCTS IS AVAILABLE ON THE COMPANY’S WEBSITE AT WWW.SIMPLYGOODJARS.COM. ALLERGEN INFORMATION IS ALSO LISTED ON THE PRODUCT LID. THE PRODUCTS ARE PRODUCED IN A FACILITY THAT ALSO PRODUCES MILK, EGGS, FISH, SHELLFISH, TREE NUTS, PEANUTS, WHEAT, AND SOY. CUSTOMERS ARE RESPONSIBLE FOR REVIEWING THE ALLERGEN INFORMATION FOR EACH PRODUCT. SIMPLY GOOD JARS IS NOT RESPONSIBLE FOR CONSUMPTION OF PRODUCTS BY NON-SUBSCRIBING CUSTOMERS THAT EXPERIENCE AN ALLERGIC REACTION.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
You, on behalf of yourself and your heirs, agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Site or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. If you are a New Jersey resident, this Indemnification clause is to be only as broad and inclusive as is permitted by the law of the State of New Jersey.
Use of Information
You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete and you are authorized to use such information, and (ii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Links to Other Web Sites
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Venue; Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE SHALL BE LITIGATED IN THE STATE AND FEDERAL COURTS IN THE STATE OF DELAWARE. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT DELAWARE IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. The laws of Delaware will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
If you do not access your account for a period of six months or more, we may, in our sole discretion, terminate your account. We will notify you before we terminate your account by notice to your provided email address at least fifteen days prior to deactivation.
This Agreement and its terms will remain in effect until terminated by either you or us. You may terminate this Agreement at any time by cancelling and terminating your membership account. We may terminate this Agreement, or your membership account, at any time for your actual or suspected unauthorized use, of the Site, actual or suspected breach of this Agreement or any other terms governing use of the Site, or for inactivity of your account for more than six months.
Any provision of this Agreement which, by its terms, creates an obligation for either you or us beyond the termination of this Agreement, shall survive the termination of this Agreement.
Should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.