TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE OR ORDERING PRODUCTS FROM OUR SITE. THESE TERMS AND CONDITIONS CONTAIN THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.   

 

These terms of use constitute a legally binding agreement between You and Formidable Foods, Inc. please read these terms and conditions carefully before using Our Service. 

 

Effective Date: August 1, 2023

1. USE OF OUR SITE

 

1.1. ELIGIBILITY 

 

These are the Terms and Conditions governing the use of this website ("Site") and the agreement that operates between the user of the site ("You") and FORMIDABLE FOODS, INC. ("Company"). These Terms and Conditions set out the rights and obligations of all users regarding the use of the site. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our site. By accessing or using the Site You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Site. You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Site and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

1.2. ACCESS TO THE SITE

 

Subject to the terms and conditions of this Agreement, we hereby grant You a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to use the Site for Your personal and noncommercial use. The license can be revoked at any time for no reason. Upon termination of the license for any reason or no reason, You continue to be bound by this Agreement.

 

1.3. SITE RULES

 

You may not engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping", (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site,(c) transmitting spam, chain letters, or other unsolicited email, (d) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site, (e) taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure, (f) uploading invalid data, viruses, worms, or other software agents through the Site, (g) collecting or harvesting any personally identifiable information, including account names, from the Site, (h) using the Site for any commercial solicitation purposes, (i) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity, (j) interfering with the proper working of the Site, (k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or (l) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.

 

We may, without prior notice, change the Site; stop providing the Site or features of the Site, to You or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend Your access to the Site without notice and liability for any reason, including if in our sole determination, You violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by this Agreement.

 

Reselling or exporting Company products from the United States is strictly forbidden. 

 

2. OUR PROPRIETARY RIGHTS

 

The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and ("Company Content") all Intellectual Property Rights related thereto, are the exclusive property of the Company. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Use of Company Content, except for any purpose not expressly permitted by these Terms and Conditions is strictly prohibited.

 

3. ORDERS, CANCELLATIONS, RETURNS AND REFUNDS

 

3.1 PLACING AN ORDER

 

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

 

If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

 

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

 

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

 

3.2. RETURNS AND EXCHANGES

 

We do not accept returns of food products as products need to be strictly temperature controlled, and safety laws prevent us from receiving products that have already been distributed. 

 

If you are not happy with your purchase of other non-food products, we offer a 30-day return window (unless stated otherwise herein). To be eligible for a return, your item must be unused, in the same condition that you received it, and in its original packaging. Proof of purchase is required. To initiate a return, please contact our customer service team. We will provide you with instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. You are responsible for the cost of return shipping. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Upon receiving and inspecting the returned item, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within a certain number of days.

 

3.3. REFUNDS

 

Requests are considered on a case-by-case basis. Refunds will be issued based on the original form of payment. If You paid via bank transfer, You need to give this information to Customer Service when You request the refund so that we can refund the money directly to Your account. 

 

For refund requests, please contact us at support.us@juicymarbles.com.

 

3.4. CANCELLATIONS AND ORDER CHANGES

 

We cannot make product changes or cancel Your order after You have completed the order. We do not offer a money back guarantee. In the event that You need to correct or update Your delivery address or make changes to Your delivery date, please contact us as soon as You can at support.us@juicymarbles.com. Due to the processing time and other relevant circumstances, we cannot guarantee that Your change will be made. We are not responsible for any product that is delivered unsafe to eat or thaw if You negotiated the delivery date or shipping address directly with the shipping courier.

 

We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to (a) Products availability, (b) Errors in the description or prices for Products, (c) Errors in Your Order. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. 

 

3.5. PRICES POLICY

 

The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. 

 

3.6. PAYMENTS

 

Payment can be made through the various payment methods we have available, such as Visa, MasterCard and online payment methods (PayPal, for example).

 

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

 

3.7. PROMOTIONS

 

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

 

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

4. DELIVERY

 

After delivery, You must inspect the products for defects and/or damage. After the delivery has been made, all issues must be reported as soon as possible from the moment of delivery, by emailing the Company at support.us@juicymarbles.com. The notification has to include pictures and the description of the defect/damage. The products must at all times before preparation and consumption, be temperature controlled, so it is Your responsibility to determine the internal temperature of the product after delivery.

 

Products must be kept refrigerated or frozen and used within 3 days of opening. Products are not to be refrozen. 

 

If, for any reason, You suspect that the products are not safe to eat, or defective, or the packaging is damaged or bloated, do not consume them and please email us at support.us@juicymarbles.com. 

 

If You order home delivery, the courier will leave the package at Your door. Depending on Your geographical area, we recommend You plan ahead and schedule the delivery so that the products can be frozen as soon as possible to ensure they remain fresh. Freeze the products as soon as You can after delivery, and always follow the safe handling instructions on the packages. If a third party accepts a delivery in Your name, they too are bound by these terms and conditions.

 

You agree to pay any and all shipping and handling charges indicated at the time of Your purchase. The shipping and handling charges can increase or decrease upon our unilateral decision.

 

We do not ship to PO boxes, APO addresses, etc. All orders are by default shipped "No Signatures Required" (this means that it is up to the delivery service’s discretion to leave packages unattended). Packages will not be left unattended at urban townhouses, gated communities, or apartment buildings.

 

5. AVAILABILITY, ERRORS, AND INACCURACIES

 

We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

 

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Upon purchasing the products from the Company, You undertake to take on the title and the risk of loss of the products, when they are delivered.

 

6. THIRD PARTY LINKS 

 

The links to third party sites are provided for Your convenience and information only. The content in any linked sites is not under our control, so we are not responsible for the content. If You decide to access any of the third-party sites linked to our site, You do so entirely at Your own risk. It is up to You to take precautions to ensure that the third party You link to for Your use is free of computer viruses, "worms," "Trojan horses," and other items of a destructive nature. You expressly relieve the Company of any and all liability arising from Your use of any third-party website or services or third-party owned content. Additionally, Your dealings with or participation in promotions of advertisers found on our site, including payment and delivery of goods, and any other terms (such as warranties), are solely between You and such advertisers. You agree that the Company is not responsible in any way for any loss or damage of any nature relating to Your dealings with such advertisers.

 

If our site contains links to third party sites, it does not mean we endorse, support, authorize, or are affiliated with the third party that owns the site.

 

7. INDEMNITY

 

You shall indemnify and hold harmless the Company and its affiliates and their respective directors, officers, employees, agents, and representatives from and against any and all losses, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) caused by or arising out of: (a) Your use of and access to the Site, including any data or content transmitted or received by You; (b) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (c) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) Your violation of any applicable law, rule or regulation; (e) Your willful misconduct; or (f) any other party’s access and use of the Site with Your unique username, password or other appropriate security code.

 

8. "AS IS" AND "AS AVAILABLE" DISCLAIMER

 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. No advice or information, whether oral or written, obtained by You from this site or the Company will create any warranty unless otherwise stated in these terms and conditions. Without limitation to the foregoing, the Company and its affiliates provide no warranty or undertaking and make no representation of any kind that the Site will meet Your requirements, achieve any intended results, be compatible with or work with any software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, be error free or that any errors or defects can or will be corrected, or that the information contained in the site is in anyway accurate , true, or reliable.

 

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs, or other harmful components.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

9. LIMITATION OF LIABILITY

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy), arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these terms, even if the Company or any supplier has been advised of the possibility of such damages, even if the remedy fails of its essential purpose.

 

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

 

10. GOVERNING LAW

 

You agree that: (i) the Site shall be deemed solely based in Delaware; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

 

11. DISPUTE RESOLUTION

 

For any dispute with the company, you agree to first contact us at support.us@juicymarbles.com and attempt to resolve the dispute with us informally. 

 

12. GENERAL

 

12.1. ASSIGNMENT 

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

12.2. NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT

 

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through the posting of such notice on our website, as determined by the Conservancy in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that You may opt out of certain means of notification as described in this Agreement. The Company is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address You provide us. The Company may, in its sole discretion, modify or update this Agreement from time to time, so You should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Site after any such change constitutes Your acceptance of the new Terms of Use. If You do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site.

 

12.3. ENTIRE AGREEMENT/ SEVERABILITY

 

This Agreement, together with any amendments and any additional agreements You may enter into with the Company in connection with the Site, shall constitute the entire agreement between You and the Company concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

12.4. WAIVER

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

CONTACT US

If You have any questions about these Terms and Conditions, You can contact us at support.us@juicymarbles.com.