Terms of Service
Effective Date: October 24, 2019
THESE TERMS REQUIRE THE ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS. IF YOU USE OUR SERVICE, YOU ARE WAIVING YOUR RIGHT TO SUE US IN A COURT OF LAW, WHETHER INDIVIDUALLY OR THROUGH A CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICE.
This Terms of Service document (“Terms”) is a legal agreement between you and Palateable, LLC (the “Company” “we” or “us”) and governs how you may use our website (“Site”) and our service (“Service”). If you choose not to agree with any of these terms, you may not use the Site or Service. For all questions about how we use the information we obtain through your use of the Site, please visit our Privacy Policy. By using the Site, you acknowledge and agree to our Privacy Policy, which is incorporated herein by reference.
We reserve the right to take any action if it determines, in its sole and absolute discretion, that you have violated these Terms. Such action may include cancelling your account, terminating your license to use the Site, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by the Company.
1. Site and Service Description. Palateable offers a menu of fully cooked, healthy appetizers, entrees, salads, and desserts made with fresh, high quality ingredients for convenient home delivery. Items featured on the Site are available on an a la carte or subscription basis. We reserve the right to modify or change the Site, and any of the items listed in our menu at any time, with or without notice. We may also modify, suspend, interrupt or terminate operation of or access to the Site or any portion thereof, for any reason at any time, without notice.
2. End User License Agreement (EULA). We hereby grant you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Site. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Site in breach of the terms set forth herein. The Company retains all right, title and interest in and to the Site, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Site is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without our prior written consent.
3. Age Restriction. The Site is not intended for children under 13 years of age, and you may not use the Site if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
4. Ordering. To place an order, you may create an account by providing the information described in our Privacy Policy or check out as a guest. Unless you request otherwise, all items are prepared with the ingredients listed.
(a) Special Requests. If, when placing an order, you would like us to remove or exchange an ingredient or you would like to provide additional delivery details, please include your request in the Notes section of the Shopping Cart. While we will make reasonable efforts to accommodate special requests, we cannot guarantee our ability to do so. Such requests will be considered on a case-by-case basis.
(b) Refunds. All sales are considered final. However, if your order is not delivered by 9:00 pm on the delivery date, or you did not receive the items you ordered, you may request a refund or your purchase can be applied to another order. In other circumstances, refunds are available on a case-by-case basis in our sole discretion. If you request a refund, please tell us the specific reason why (i.e., your order delivered incomplete, included the wrong items, etc.).
(c) Product Descriptions and Availability. Although we make every effort to ensure that items listed on the Site are accurately described and available for purchase, we are not responsible for typographical errors that may result in inaccurate product descriptions or pricing, or if an advertised item is no longer available.
(d) Storing Products. All of the items advertised on the Site are made fresh and considered perishable. If not consumed immediately, entrees and appetizers can be refrigerated for up to five (5) days and salads up to three (3) days. Entrees and appetizers may be frozen for longer periods, but the taste of the item may be altered by the freezing and thawing process.
5. Delivery Policies. We offer delivery to locations throughout Los Angeles County. Enter your zip code in our delivery calculator on the shopping cart page to see whether you reside within our delivery area.
(a) Delivery Fees. We offer free delivery for all orders over $75.00. For orders under $75.00, delivery fees will vary depending upon the delivery address. Use the delivery calculator on the shopping cart page to see whether your address is within our delivery area, and the applicable delivery fee.
(b) Date and Time. Delivery of ordered items takes place within 2 days of when the order is originally placed to allow for preparation, cooking and ensure freshness or at a future date of your choosing, up to 30 days from now. Delivery of ordered items takes place on Monday through Friday between 9:00 am and 5:00 pm and Saturday between 9:00 am and 12:00 pm. Any orders placed will be delivered to the address and within the time frame set forth in the order form. Delivery times are estimates only and may vary depending upon traffic conditions and other matters outside our control.
(c) Delivery. You are responsible for inspecting all items delivered, and to immediately report any damage or errors within 24 hours. We recommend that you be present when your order is delivered, and that all items be immediately refrigerated upon receipt to ensure freshness.
6. Subscription Terms. We offer convenient weekly subscription plans for your selected items to be delivered on a regular, ongoing basis without having to place separate orders. Subscription fees are non-refundable except as expressly set forth in these Terms. For your convenience, subscription plans automatically renew for an additional one-week period on the following Monday of when your original order was placed. If your credit card is declined for payment, we will notify you and ask you to provide us with updated card information before your subscription can be renewed.
(a) How to Cancel. If you do not want to renew your subscription, you may cancel by navigating to your account page and selecting “Cancel” in the subscription section. Because we prepare items in advance, if you wish to cancel your subscription, we ask that you do so at least three (3) days prior to the scheduled renewal date.
UNLESS YOU TAKE ACTION TO CANCEL YOUR SUBSCRIPTION PRIOR TO THE RENEWAL DATE YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR ANOTHER ONE WEEK PERIOD, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE APPLICABLE SUBSCRIPTION FEE USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.
7. Prohibitions. You may not use your account to do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site;
(b) Remove or obscure the copyright notice or other notices displayed on our Site;
(c) Interfere with or disrupt the Site or our website, or servers and networks connected to them, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
(d) Modify the Site in any manner or form;
(e) Reproduce, print, cache, store or distribute any information or content belonging to us without our prior written permission; or
(f) Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Comments and Reviews. We encourage Users to post honest comments and reviews (“Content”) on our Site regarding our products and Service. Users are prohibited from posting Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way based on our sole discretion. Users are also prohibited from posting any unsolicited or unauthorized advertising or promotional materials, including (but not limited to) links to third party websites in comments or posts; and from posting any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality. We reserve the right to review all User-submitted Content prior to posting it on our Site, and to refuse publication of any Content, based on our sole and absolute discretion.
9. Assumption of Risk & Limitation of Liability. NOTE: ALL MEALS ARE PREPARED IN A KITCHEN THAT MAY CONTAIN TRACES OF PEANUTS AND OTHER SUBSTANCES TO WHICH YOU MAY BE ALLERGIC. You assume any and all risks associated with using our Service, including (but not limited to) any allergic reactions or illness resulting from consuming any items more than 24 hours after delivery. You are solely responsible for reading all of the ingredients of each dish we offer, and for ensuring that your order does not include any ingredients you may be allergic to, and that your order meets any dietary restrictions you may be under.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INJURIES, OR DEATH, HOWEVER AND WHEREVER ARISING, THAT MAY RESULT FROM YOUR USE OF THE SITE AND OUR SERVICE, INCLUDING WITHOUT LIMITATION LOSSES INCURRED DUE TO: (a) ALLERGIC REACTIONS, FOOD-BORNE ILLNESSES, OR ANY OTHER LOSSES INCURRED AS A RESULT OF CONSUMING OUR PRODUCTS; (b) THE ACTS OF A THIRD PARTY, SUCH AS A DELIVERY SERVICE; (c) SOFTWARE GLITCHES, SERVER FAILURES, POWER OUTAGES, OR ANY OTHER ISSUE BEYOND OUR CONTROL; (d) ANY DELAYS IN OR FAILURE OF THE SITE TO OPERATE AS DESCRIBED; AND (e) ANY UNAUTHORIZED DISCLOSURE OF ACCOUNT INFORMATION THAT MAY OCCUR THROUGH THE ACTIONS OF ANY THIRD PARTY, SUCH AS HACKERS.
10. No Warranty: The Company makes no representation or warranty that: (a) the Site will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that host the Site are free of viruses or other malicious code; and (c) any informational content included on the site is up-to-date or accurate. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SITE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
11. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Site. Therefore, you agree that, by using the Site, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Site. Any such dispute shall be determined by arbitration to be held in Los Angeles, California before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
12. Choice of Law; Forum: You agree that the Site shall be deemed based in Los Angeles, California and is housed on a passive server that does not give rise to personal jurisdiction over the Company, either specific or general, in any jurisdiction other than the state of California and the county of Los Angeles. These Terms are subject to the laws of the State of California regardless of conflict of law rules, and any claim or dispute you may have against us that is not subject to mandatory arbitration must be brought in Los Angeles California for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
13. Limitation of Actions. Any claim or cause of action arising out of your use of the Site must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
14. Copyright: We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Palateable, LLC
Copyright Agent
672 S. Santa Fe Ave.
Los Angeles, CA 90021
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
15. Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the Site and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.
16. Entire Agreement and Severability. These Terms and any document incorporated by reference herein, together with the Privacy Policy, constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between us. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.
17. For Residents of Certain States. If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Palateable, LLC
Copyright Agent
672 S. Santa Fe Ave.
Los Angeles, CA 90021