Last updated: January 31st, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.farmdish.com website (the “Service” or “Site”) operated by FarmDish, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, 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 card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Important Health Information
People with certain conditions MUST HAVE physician approval prior to starting any FarmDish plan; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before starting any FarmDish plan.
Please consult your physician before beginning any FarmDish plan, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. You should discuss your continued participation in the FarmDish subscription with your physician if there is any change in your medical condition.
Food Substitution Policy
Although FarmDish takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. FarmDish is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, FarmDish reserves the right to substitute a similar product. When making substitutions, FarmDish takes great care to meet the requirements of your particular FarmDish plan. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all nutritional information on the website for the most updated information regarding ingredients and nutritional content for any/all of FarmDish’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: FarmDish’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
Your Responsibility to Protect Your Account
FarmDish reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. FarmDish will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, FarmDish may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless FarmDish for losses incurred by FarmDish or another party due to someone else using your account or password. FarmDish has the right to disable any user name, password or other identifier, whether chosen by you or provided by FarmDish, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a weekly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FarmDish, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting FarmDish, LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide FarmDish, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize FarmDish, LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, FarmDish, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
FarmDish, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
FarmDish, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Cooler Bags, Ice Packs, and Food Containers Return Policy
You are required to return the cooler bags, ice packs, and food containers each week or within 3 weeks of delivery. To do so please set out the cooler bag with the ice packs and food containers inside on Sunday evening so we can pick them up when dropping off your weekly delivery. If you cancel, we will make one attempt to pick up the cooler bags, ice packs or food containers. If the bags, ice packs or food containers are not returned on that attempt you will be given 14 days to return them to our office at 1100 Kane Street La Crosse, WI 54603 between the hours of 9 am – 5 pm. Please contact us at email@example.com if you plan to drop off these items at our office location.
If the cooler bags, ice packs, and food containers are not returned you will be charged a fee as follows:
- Large bag: $25.00
- Medium bag: $18.50
- Small bag: $12.50
- Ice pack: $4.00
- Food container: $1.50
We reserve the right to assess a charge for these fees (on the form of payment used for your account) even after you have canceled or suspended your account.
Certain refund requests for Subscriptions may be considered by FarmDish, LLC on a case-by-case basis and granted in sole discretion of FarmDish, LLC. Please refer to the refund policy page for more details.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Telephone Calls and SMS Text Messages
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that FarmDish can reach you with informational calls related to your transactions. All calls to and from FarmDish may be monitored or recorded for quality and training purposes.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
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):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content, features and functionality are and will remain the exclusive property of FarmDish, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FarmDish, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by FarmDish, LLC
FarmDish, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that FarmDish, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Cancel or Modify a Subscription
Following your plan selection and receipt of your first weekly order, you may cancel or modify a subscription to a Plan at any time online by managing your account at farmdish.com/my-account/, or by emailing us at firstname.lastname@example.org. Please note, however, that any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and a cancellation or modification may not impact any active order for which you have already been charged, depending on the status of the order.
To avoid being charged for placed orders that you no longer wish to receive in the event of a subscription pause, you must pause prior to the date when you are to be charged for your next order, which an invoice is emailed to you each week.
If you cancel a subscription to a Plan before receiving your first order, your first order may or may not be canceled and related amounts paid may or may not be refunded to you, depending on factors including the state of your meals in our production process, and any promotions applied. You will be notified if any of your charged orders will be canceled and refunded, or if you will still receive the order after cancellation.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless FarmDish, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall FarmDish, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FarmDish, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.