1. ACCEPTANCE OF TERMS
2. MENU PAGE, DOOFOOD BOXES, AND STORAGE/PREPERATION. By accessing the Website, you have the ability to: (i) view meal in Menu Page, and (ii) purchase our DOOFOOD Meal Kit (collectively, the “Service”).
a. Menu Page
Each meal in our Menu Page provides you with:
o The name of the meal
o A list of the ingredients to prepare the recipe
o The kitchen tools needed to prepare the recipe
o Estimated cooking time
o Calorie information
o Nutritional Information
If you want to make one of our recipes yourself, and make a purchase, we will deliver to you the following (our “Meal Kits”):
o A Recipe Card, featuring all of the above information
o Detailed instructions with step-by-step photos as to how to prepare the recipe
o All of the fresh, pre-portioned ingredients needed to prepare the recipe (excluding staples such as water, salt and pepper)
o All Meal Kits are delivered in a reusable bag/box with reusable insulator & reusable icepack (DOOFOOD BOX). All boxes, insulator & icepacks always belong to DOOFOOD and must be returned to us. DOOFOOD will pick them up upon delivery of next order. You have the responsibility to leave DOOFOOD BOX outside your door on this day (This statement applies to delivery area only pertaining to mostly Queens, NY).
o You should inspect your DOOFOOD BOX to make sure that the ingredients are fresh, and that any meat or seafood products are properly cooled (you can use a thermometer to ensure an internal temperature at 41ºF or below).
o To maintain the freshness, you should immediately refrigerate all ingredients in each Meal Kit upon opening your DOOFOOD BOX.
o You should prepare your Meal Kit within four (8) days after delivery, although seafood should be prepared within two (3) days of delivery to ensure optimal freshness.
o All orders must be placed through the Website
o You will receive an email from DOOFOOD confirming your order.
o As our Meal Kits require the use of fresh ingredients, you will receive an email if, for any reason, we are unable to process your order due to the required fresh ingredients not being available at the time of your order.
o DOOFOOD uses our own delivery team to deliver the meal kit for delivery region, mostly in Queens, NY. We ship for rest of the area.
o There is no delivery charge to you. It’s always free
o We will leave DOOFOOD BOX at your doorstep on the day of ordered delivery day. To maintain efficient routing, delivery time cannot be specified further than this.
5. PRICING AND PAYMENT
Prices posted on the Website represent the fees which are payable to DOOFOOD for your purchase and the delivery of the product. Price shown on website is the entire amount that will be paid by you. There is no additional charge.
You agree that upon placement of your order, DOOFOOD may immediately authorize your credit card for payment for any charges incurred under your account. You will be charged immediately after order is placed. You also agree that you are personally liable for all charges incurred under your account and are fully responsible for all activities that occur under your account. If you have a question about a DOOFOOD charge on your credit card statement, please contact customer service on our website - CONTACT US.
6. LIMITED WARRANTY AND RETURN POLICY
All of our Meal Kits are backed by a freshness and quality guarantee. If you are dissatisfied for any reason, please contact us within 4 days at our website CONTACT US section. We will review and provide you with DOOFOOD Credit or provide refund at your request. We also may require photo documentation or the return of the product with which you are dissatisfied.
a. Access to the Service
DOOFOOD grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and use the Service for your own personal use only, and not to download or modify it or any portion thereof (other than as expressly permitted by DOOFOOD.) You agree that no Materials (as defined in Paragraph 14 below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our written permission. Violation of these Terms, including without limitation modification or use of Materials on the Website for any purpose other than those permitted in these Terms, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Service, and also may constitute the infringement of our copyright, trademark and/or other rights. You shall not attempt to access any of our other systems, programs or data that are not made available for public use. Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of DOOFOOD or any third party, in connection with your use of the Website and any Materials provided by us or any third party on the Website. Elements of the Web Site, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) and button icons, are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.
b. Creating An Account
d. Restrictions on Use of Website
You agree that in connection with your use of the Website, you will not do any of the following:
o Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Materials.
o Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
o Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
o Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
o Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
o Use any meta tags or any other "hidden text" utilizing the name “DOOFOOD” or any substantially similar name without our written consent.
o Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
o "Frame" or "mirror" any part of the Website.
o Engage in spamming or flooding.
o Remove any copyright, trademark or other proprietary rights notices contained on the Website.
o Use the Website or Materials for any unlawful purpose.
o Make any resale or commercial use of the Website or Company Materials; or (b) make any derivative use of the Website or Company Materials.
o Links to Third Party Sites
You acknowledge that DOOFOOD may establish limits concerning use of the Website and/or our service and/or products and reserves the right at any time to modify our services and products (or any part thereof), as wells as the Website's content, functionality or hours of availability, upon publishing notice of such changes on the Website.
You acknowledge that any of the foregoing Limitations will not be cause for a refund for any of our Products and that DOOFOOD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
g. Communications to Us; User Content
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you. As noted above, the Services provide you with the ability to post and upload User Content to the Website. You expressly acknowledge and agree that once you submit your User Content, unless you designate it as “private,” it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT DOOFOOD, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content that you have not designated as “private,” your username, the picture associated with your username, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit.
If you submit User Content to us, each such submission constitutes a representation and warranty to DOOFOOD that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by DOOFOOD and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines set forth above.
1. Website Content. This Website is owned and operated by DOOFOOD. All right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials") are owned by DOOFOOD .Except as otherwise expressly provided by DOOFOOD, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of DOOFOOD intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein to you are hereby reserved by DOOFOOD.
1. Pending Copyrights. All Website design, text, graphics, and the selection and arrangement thereof, are owned by the Company. Copyright © 2017, DOOFOOD LLC. ALL RIGHTS RESERVED.
1. Pending Trademarks. “DOOFOOD”, the Company's logo, "Prepped by Mom. Made by You.", all images and text, and all page headers, custom graphics and button icons are service marks, registered trademarks and/or trade dress of DOOFOOD. All other trademarks, product names and company names or logos cited herein or on the Website are the property of their respective owners.
5. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Material or content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement 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
• 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 owner of an exclusive right that is allegedly infringed.
6. Limitations of Liability and Damages.
IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF DOOFOOD, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, IT WILL BE LIMITED TO THE AMOUNT PAID TO COMPANY FOR THE PRODUCTS, EXCEPT AS PROVIDED IN AND PURSUANT TO THE ARBITRATION AGREEMENT, BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF DOOFOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.
YOU ACKNOWLEDGE THAT DOOFOOD HAS SET ITS PRICES AND PROVIDED ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES, AND/OR ANY CONTENT IN RELIANCE OF THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN, AND THAT THOSE PROVISIONS FORM AN ESSENTIAL BASIS UPON WHICH THESE TERMS ARE ESTABLISHED, AND UPON WHICH COMPANY HAS PROVIDED TO YOU ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY SET FORTH HEREIN SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold DOOFOOD, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Service and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.
8. Enforcement of Rules and Polices
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Website. You agree that DOOFOOD shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.
9. Choice of Law.
The Terms and the relationship between you and DOOFOOD shall be governed by the laws of the State of New York without regard to any conflicts of laws principles.
1. Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Most of your concerns can be resolved quickly to your satisfaction by contacting our Customer Care Center via our Contact Us page. In the unlikely event that the Customer Care Center cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, DOOFOOD will pay you more than the amount of the arbitrator's award and will pay your actual, reasonable attorney's fees if you are awarded an amount greater than what DOOFOOD offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any of our Products, but your use of this Website and the purchase of any Product constitutes your agreement to these Terms.
(a) DOOFOOD and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
• claims that arose before these or any prior Terms became effective;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and • claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “DOOFOOD,” "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a representative, group, collective or class action or arbitration.
You acknowledge that use of this Website and/or purchase of Service constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
(b) A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: XXXXXX XXX (the "Notice Address"). DOOFOOD may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If DOOFOOD and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DOOFOOD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DOOFOOD is entitled.
You may download or copy a form Notice of Dispute from XXXXXXXXX.
(c) If, the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of Company's last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 ("the Alternative Payment"), whichever is greater, plus the actual amount of reasonable attorney's fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the "Attorney's Payment").
If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney's Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney's Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
(d) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses from you if it prevails in an arbitration, Company will not seek such an award.
(e) The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.
(f) Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
1. General information
The Terms constitute the entire agreement between you and DOOFOOD and govern your use of the Website and our Services and Products, superseding any prior agreements between you and DOOFOOD. The failure of DOOFOOD to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that DOOFOOD may have under trade secret, copyright, patent or other laws. The employees of DOOFOOD are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on DOOFOOD, except in a writing signed by an authorized officer of DOOFOOD. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., DOOFOOD.
You warrant, represent and agree that, by accessing and/or using of the Website, its Content and/or the Services, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.
Further, unless both you and DOOFOOD agree otherwise, the trier of fact may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
In addition, in the event of a breach of these Terms by you, DOOFOOD will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies.
Last Updated: April, 24 2017