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Terms and Conditions

Root To Fruit Terms and Conditions

Effective Date: April 1st, 2023

Thank you for choosing Root To Fruit!

The following Terms and Conditions (we’ll call them the “Terms”) govern the relationship between you and Root To Fruit LLC. (“we,” “us,” or “Root To Fruit”), which owns and operates www.roottofruit.wixsite.com/website (the “Site”). By visiting the Site or otherwise creating an account and placing an order with us (together with the Site, the “Services”), you agree to abide and be bound by these Terms. Please read these Terms and the Privacy Policy carefully before using the Services. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms describe your rights and responsibilities when using the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current services shall be subject to these Terms. You are required to create an account on the site to place an order. You are solely responsible for maintaining the confidentiality of your account credentials and for restricting access to your account, and you agree to accept responsibility for all activities that occur through your account. You must be at least 18 years of age to create an account. You may not access or use the services if (1) you do not agree to these terms; (2) you have previously been suspended or removed from using the services; (3) the laws of the country in which you reside prohibit use of the Services in accordance with these Terms; or (4) your use of the services breaches any other agreement to which you are a party. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Root To Fruit is not responsible for third-party access to your account that results from theft or misappropriation. Root To Fruit and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. We reserve the right, in our sole discretion, to terminate your access to the Services or any portion thereof at any time and for any reason, without notice. Root To Fruit  shall not be liable to you or any third party for any such termination, suspension, restriction, modification, or discontinuation. Memberships, Orders & Idle Charges. We offer different membership plans for our services based on the number of menu items and number of people you want to feed per delivery week, as well as add-ons and seasonal specials (collectively, “Add-Ons”) you can select for an additional fee when you confirm your upcoming order. The number of items you receive and the amount you are charged may vary from week to week depending on the membership plan and any Add-Ons you select. If we change the prices or other charges associated with our membership plans, we will provide you with notice of such changes, such as by email or a notice posted on the Site. The fees for your membership can be found on your account page and may be subject to change in the future. Root To Fruit  allows you to place orders once a week and will allow you to edit your order until a certain date prior to the scheduled delivery, which we will provide you with at the time you place your order (“Order Deadline”). Each week’s order must be placed before the stated Order Deadline. If you choose not to receive meals during a given week, Root To Fruit allows you to skip that week’s delivery on the Services and will not charge your account for any skipped week. You may change your membership plan and skip as often as you would like. In the event your payment method is declined or has insufficient funds to fulfill your order or process an Idle Charge, we will notify you by email and reserve the right to withhold any scheduled but unpaid orders until payment is processed successfully. After the first such instance of an issue with your payment method, we reserve the right, in our sole discretion, to cancel your membership and terminate your access to the Services. Root To Fruit  does not offer full or partial refunds for any deliveries & inspections In the case of weather or other events beyond our control that interfere with or inhibit our ability to make safe, on-time deliveries to you, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your order is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that undeliverable order. You are responsible for promptly inspecting your delivery and all of the meals and products contained within it for completeness, freshness, any defects, or other problems. If you identify any issues or have any questions, please contact us immediately at roottofruit0@gmail.com. Upon the completion of your inspection, we recommend that you place all perishables in your refrigerator to ensure their integrity. We highly recommend that you review the USDA’s instructions on safe food handling. Feast & Fettle uses various materials and packaging, such as insulated bags and cold packs, in an effort to keep perishable items cold for delivery, but cannot guarantee that handling during delivery may not shift or damage the shipping containerdelivery vessel or its contents. Once the order is delivered to you, ownership and the risk of loss and damage passes to you. If you are not home when your order is delivered, your order will be left at your door or in a common area, and we cannot guarantee that the contents of your delivery will remain cold, fresh, or safe for consumption after delivery. Consumption of any order item is solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any order, and the service of all the contents of the respective order. We recommend that you use a thermometer to measure the temperature of any poultry, fish, or meat products to verify internal temperatures pursuant to USDA Guidelines. Feast & Fettle includes preparation and service suggestions with your order, and at all times recommends that seafood, meats, and poultry should be cooked to the USDA’s recommended internal temperatures. Orders are processed at the order deadline, four (4) days before the applicable delivery week (“Order Deadline”)and payment is processed on the first day of the applicable delivery week. Any order canceled after the Order Deadline will be processed and delivered. You may cancel your order after the Order Deadline, but before payment is processed, for a fee of 35% of the full order total to cover the cost of the products we have purchased to complete your order. You will be responsible for all charges incurred for any order processed prior to the cancelation of your membership. Orders submitted on menus with Order Deadlines that have not expired will be voided, not processed, and not delivered. Refund Policy & Credits We want you to be completely satisfied with your order. If you’re not, let us know at roottofruit0@gmail.com and we’ll make it right. Refunds or credits are granted on a case by case basis within 5 days of your delivery date and take up to 3 business days to process. We do not accept returns. Credits issued to your account, other than the Idle Charge, are at the sole discretion of Root To Fruit . Any credit issued for a purpose other than direct compensation for goods not delivered is not refundable nor transferrable.  Referrals By referring new customers to us (“Referred Customers”), you will receive a credit (“Reward”) when each Referred Customer receives their first delivery, subject to these Terms. You may earn only one (1) Reward per Referred Customer. To receive multiple Rewards, you must introduce multiple Referred Customers who have received their first delivery after becoming a member through your referral email. You cannot refer yourself to earn a Reward, and purchases by Referred Customers who share your email address, billing address, or shipping information will not qualify for a Reward. When sending referral emails, you agree that you will always tell your Referred Customers that you will receive a Reward from us if they place and order through your email referral and receive their first delivery. Referral emails and Rewards are not transferable, have no cash value, and cannot, under any circumstances, be redeemed for cash or any cash equivalent. Eligibility to receive Rewards is limited to individuals only. Referrals cannot be used by businesses or for affiliate lead generation or similar purposes, as determined in our sole discretion. The use of multiple accounts, email addresses, online identities, or aliases to circumvent the eligibility requirements or other limitations of these Terms is prohibited and may result in exclusion from and the cancelation of all Rewards. Referrals should only be used for personal and non-commercial purposes. You should only refer to your personal connections and referral emails and related links should not be published or distributed on commercial websites (such as coupon websites, Reddit, Wikipedia, etc.), on blogs, or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes, as determined by Root To Fruit  in our sole discretion. You must also comply with all laws governing the transmission of email or other electronic communications. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral emails or associated links that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited. You are prohibited from paying to advertise your referral emails and related links. We reserve the right to deactivate any referral information and related links distributed through unauthorized channels and to revoke all related Rewards. We reserve the right to close your account and deactivate or cancel all related links and Rewards if we suspect that you (or any Referred Customer you refer to us) has used or attempted to use the referral in a fraudulent or abusive manner or in violation of these Terms or applicable law. These referral provisions are subject to modification or termination at any time without notice in our sole discretion. Promo Codes To be eligible for any promotional discount, you must be a U.S. resident with a valid U.S. delivery address in a state we deliver to (excludes Hawaii and Alaska, P.O. Boxes, and APO/FPO/DPO). Limit of one (1) promotion code (“Promo Code”) redemption per account per household. To be eligible for any promotions or discounts, you must (1) create an account for the first time; (2) select a membership plan; (3) enter the correct Promo Code prior to completing your order; and (4) complete all required fields in order to complete the order and payment processes, each in its entirety, including a valid form of payment. Promo Codes cannot be applied to previously placed orders and are not transferable or redeemable for cash or credit. If your order complies with these Terms and the Promo Code you enter is valid, we will add the applicable promotional discount to your order. Any attempt by you to abuse the promotional discount by using multiple or different identities, email addresses, registrations, accounts, and/or any other methods, will void and disqualify you from receiving the promotional discount at our sole discretion. For purposes of clarity, percentage- or dollar-off promotions may be combined with other account credits and Rewards, but may not be combined with other percentage- or dollar-off promotions offered by Root To Fruit . We reserve the right to cancel or modify any promotional discounts for any reason and at any time, with or without prior notice. We reserve the right to void any Promo Code redemption that appears to be fraudulent, results from a fraudulent transaction, or is not compliant with these Terms. You may not participate in the promotional discounts if your participation would be prohibited by any applicable law. Promotional discounts are not redeemable for cash, and there are no substitutions. For questions about promotional discounts or Promo Codes, please email roottofruit0@gmail.com. Ingredient lists & allergen Information Root To Fruit  meals and products may contain or may have been manufactured in a facility that also processes wheat, soy, peanuts, tree nuts, fish, shellfish, eggs, and milk. We are committed to informing and protecting our consumers and take precautions to avoid cross-contamination during the manufacturing process, but we cannot guarantee our products will be completely free of allergens. We do not currently provide nutritional information. If you have any specific questions about any allergens in our products, please contact us at roottofruit0@gmail.com. Third-Party Branded Products Third-party branded products reflect information provided by such third-party providers, and while we strive to ensure that information is accurate, we don't guarantee it; such information may be incomplete, out of date, or otherwise incorrect. You should review all allergen, ingredient, and nutritional information as well as any warnings or instructions before you buy, use, or consume any product. Information, statements, and reviews regarding products have not been evaluated by the FDA. We don't guarantee the accuracy of nutritional labels, claims, or any other information on third-party branded product packaging. Intellectual Property, Licenses & Prohibited Uses You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Root To Fruit  that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of Root To Fruit , our suppliers, or service providers, and it is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content, in whole or in part, found on the Services or products without prior written permission from us. Products available on Root To Fruit  are not intended for resale. Your use of the services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Root To Fruit  or our licensors except as expressly authorized by these Terms. Your Content Root To Fruit  does not claim any ownership rights in any content or information you may provide to us on your account page or otherwise, including any Feedback, as defined below (collectively, “Your Content”), and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content. By submitting Your Content to us, you grant us a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use, transmit, copy, and display such content in any and all media now known or hereinafter devised in connection with operating and providing the Services. You agree that any feedback, comments, and suggestions you may provide for improvements, features, or changes to the services (“Feedback”) is given entirely voluntarily, and Root To Fruit  will be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback as we see fit, entirely without obligation or restriction of any kind and without compensation. Feedback includes, without limitation, responses you provide to us in any surveys we conduct, through any available technology, about your experience. You are solely responsible for all of Your Content. You represent and warrant that you own all Your Content or have all rights that are necessary to grant us the license rights in Your Content under these Terms. You may generally remove some or all of Your Content from the Services; however, you acknowledge that certain types of Your Content may not be removed from the Services or our databases and archives. Moreover, in certain instances, some of Your Content may not be completely removed and copies of Your Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of Your Content. Copyright Infringement If you believe that your copyrighted work has been illegally uploaded or posted on the Services, you may send a written notice to roottofruit0@gmail.com, and we will respond pursuant to the Digital Millennium Copyright Act procedure, the text of which can be found at the U.S. Copyright Office website http://www.copyright.gov/legislation/dmca.pdf. We reserve all rights to seek damages and fees associated with any infringement and or fraud. Third-Party Sites & Services The Services may contain links to other websites (each a “Link;” collectively, the "Links"). The Links are not under the control of Feast & Fettle, and we are not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. Root To Fruit  is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Feast & Fettle of the Link contents or any association with its operators. Certain services made available on and through the Services are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Services, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality. Electronic Communications Visiting the Site, sending emails to us, and signing up to receive SMS notifications constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically (via any of email, SMS notifications, and the Site), satisfy any legal requirement that such communications be in writing. Privacy & Policy on Children The information we may collect about you is subject to our Privacy Policy. Please review the Privacy Policy, which is incorporated here by reference, for more information about the information we collect, how we use and share it, and how you can control it. You acknowledge and understand that we may collect, use, and disclose your information pursuant to our Privacy Policy, as amended from time to time. We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Services only with permission of a parent or guardian. Disclaimer & Limitation of Liability THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. LIKEWISE, MODIFICATIONS ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SERVICES AND IN THESE TERMS. FEAST & FETTLE, OUR SUPPLIERS, AND SERVICE PROVIDERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICES AT ANY TIME. FEAST & FETTLE, OUR SUPPLIERS, AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FEAST & FETTLE, OUR SUPPLIERS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROOT TO FRUIT, OUR SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FEAST & FETTLE OR ANY OF OUR SUPPLIERS AND SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES & JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY PORTION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. Release & Indemnity You agree to release and waive any and all claims or liability against us arising from or in connection with these Terms or your use of or inability to use the Services. You also agree to indemnify, defend, and hold harmless Root To Fruit  and each of our officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any portion of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. Choice of Law & Jurisdiction These Terms are governed by and will be construed under the laws of the State of Rhode Island, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Providence County, Rhode Island, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Philadelphia, or Pennsylvania. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY CONSENTING TO THESE TERMS, YOU AND ROOT TO FRUIT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. General Legal Information Root To Fruit  products and website are intended exclusively for residents of the United States. We make no representation that the website or our products are appropriate or available for use in locations outside of the United States. If you choose to access our website from a location outside the United States, you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances are we responsible for ensuring that our website or products are in compliance with the local laws of jurisdictions outside the United States. No software from our website may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Root To Fruit as a result of these Terms or your use of the Services. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. A printed version of these Terms and of any notice, any of which were originally given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English. Unless otherwise specified herein, these Terms contain the entire understanding and supersede all prior understandings between you and us relating to your use of the Services, and they cannot be changed or terminated orally. If any provision of these Terms is found to be illegal or unenforceable by a court of competent jurisdiction, these Terms will be deemed modified to the extent necessary to make them legal and enforceable in a manner that most closely matches the intent of the original, and such Terms will remain, as modified, in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. We may take any legal and technical remedies available to us to prevent the violation of and otherwise enforce these Terms. Changes & Notice We reserve the right, in our sole discretion, to change the Terms under which the Services are offered. The most current version of these Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. If you have an account, we will notify you before we make any material changes to give you an opportunity to review the revisions before continuing to use the Services. We will update the “Effective Date” accordingly. If you do not agree to these Terms or any revisions of the Terms, you may no longer use the Services. Contact Us If you have any questions about these Terms, you can reach us by email at roottofruit0@gmail.com

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