TERMS OF SERVICE
This Agreement (the "Agreement") is an agreement between you and Green Grown Meals, LLC (“Green Grown Meals”) that states the terms and conditions under which you may use the Site and receive services, which includes processing and delivery of product orders (the "GGM Service"). Note that special terms for Green Grown Meals customers are contained at the end of this Agreement, and, where applicable, those terms supplement or, to the degree that they are inconsistent, supersede these terms. Your use of the GGM Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the GGM Service.
If you have any questions about this Agreement or the Site please access our Customer Service Department: email@example.com
Ordering through the Site. Orders must be received before posted cutoff times for a given product. Available ordering windows and promotions will be shown as you proceed through the ordering process. To view cutoff times, visit your school’s dedicated page on our website. It is the customer’s sole responsibility to place the order within the acceptable time limit and deadline and GreenGrown Meals shall not hold any responsibility in failure to do so.
The customer is solely responsible to carefully review the order, right before placing it, review the invoice, once the order has been placed, as well as report any inconsistencies, if any, to firstname.lastname@example.org allowing two business days in advance for the changes to be applied.
Cancellation and Refunds
You may cancel orders by 12 PM (noon), two-business days in advance for the day you wish to stop your service, by contacting our Customer Service Department at email@example.com in order to receive a credit for a future purchase. Only three (3) meals per month shall be cancelled and credited.
If your school is closed due to unforeseen weather conditions, Green Grown Meals will credit any orders on that day for 50% of the price. No refunds will be issued in this case.
Termination of Service
The GGM service can be terminated within the first two-week period of subscription, in order for a pro-rated refund amount to be issued. After this two-week period, no refunds for the remaining of the meals will be issued, if you wish to terminate the service.
Once you have terminated our service, you can reorder in the future. Should you wish to terminate our services for the second time, GGM will not issue any refunds for the remaining amount of meals.
You can order up to two business days in advance of the day you wish to start your lunch program.
You can order anytime within the subscription period. However, no refunds will be issued for any meals that were not consumed, due to late subscription.
Adjustments to your Order
You understand that you are subscribing to a meal plan that consists of a predetermined number of meals as you designate on the site at the time of purchase of the particular plan. Once we process your order, you can choose a different meal for your child no later than five business days prior to the day you wish to change.
Green Grown Meals offers only the substitutions listed, as an alternative daily meal option.
Green Grown Meals reserves the right to make any adjustments to menu items as needed due to product availability, without given prior notice. We will try and provide a similar product, but no assurance can be made based on availability.
While Green Grown Meals will make every effort to keep all ingredient information and allergy references up-to-date on our website, it is the parent’s or legal guardian’s sole responsibility to report any dietary restrictions at firstname.lastname@example.org and order lunches that meet the child’s individual needs according to dietary restrictions and allergies.
Neither Green Grown Meals, nor its officers, members, employees, vendors, suppliers agents, affiliated schools, advisors, or its or their affiliates will bear any responsibility if a child is allergic to any item ordered by its parents or guardians through Green Grown Meals. Please note that while our meals are produced in a peanut free, tree-nut free and shellfish free facility, there can be no assurances that your child may not have an adverse reaction to an item that they consume.
Delivery of Products
Green Grown Meals uses cooler bags to maintain the quality and integrity of your products up until the food is delivered to your child. Green Grown Meals cannot and shall not guarantee the integrity of your child’s meals if it is removed from such bags prior to delivery to your child. Green Grown Meals shall bear no responsibility and shall not be held liable if the food is removed from our storage bags prior to delivery to your child or in case of mishandling, or misuse by the school. Green Grown Meals shall also not be responsible if the school or its employees or agents modify or improperly store the storage bags.
In an effort to meet the delivery time of all our customers, our delivery personnel will wait for a brief inspection of the number of items delivered, but shall not enter the school premises beyond the front desk area. We appreciate your understanding and cooperation.
In the case of inclement weather or unforeseen delivery implications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or email you to let you know the status of your delivery time. We will make all efforts to resume our delivery as scheduled, as soon as conditions permit. If your school’s location (i.e., street, avenue) is inaccessible, rendering us unable to make the delivery, we will contact the school staff to determine the best alternate location and/or date.
Credit Card Payment and Pricing
Green Grown Meals will execute all the payments via STRIPE.COM
Your credit/debit card will be charged for your order on the day your plan is purchased. Green Grown Meals will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs.
Green Grown Meals reserves the right to change its billing methods and pricing. Customers will be notified thirty (30) days in advance through our website.
Third-Party Information Providers and Merchants
In certain cases, the GGM Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by GGM. In such instances, GGM acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. GGM makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that GGM makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Green Grown Meals. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Green Grown Meals for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Green Grown Meals is strictly prohibited. You acknowledge that Green Grown Meals and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Green Grown Meals reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Green Grown Meals.
"Green Grown Meals", all Green Grown Meals logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Green Grown Meals or otherwise proprietary to Green Grown Meals and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the GGM Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the GGM Service.
Access to the GGM Service
You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the GGM Service and the Site. You agree to comply with all laws applicable to your activities on the GGM Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time the GGM Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which GGM may undertake from time to time; or (iii) causes beyond the control of GGM or which are not reasonably foreseeable by GGM.
Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Green Grown Meals and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. Green Grown Meals' secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Once we receive your payment information, it is stored in our secure data center. Green Grown Meals will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the GGM Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. AUTHORIZE.NET or STRIPE.COM encrypts your credit card and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.
If you would like to update or correct contact and shipping information previously provided to us, please send an e-mail with your new information to email@example.com. Please do not send credit card or other payment information via email.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the GGM Service, which includes, without limitation, use of the GGM Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the GGM Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Green Grown Meals to be in conflict with the letter or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE GGM SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GGM SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREEN GROWN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE GGM SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GGM SERVICE; GREENGROWN MEALS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. GREENGROWN MEALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE GGM SERVICES. GREEN GROWN MEALS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER GREEN GROWN MEALS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, VENDORS, CUSTOMERS, PARTNERS, ADVISORS, RELATIONSHIP, MERCHANTS, LICENSORS OR ITS OR THEIR AFFILIATES (COLLECTIVELY, "GGM PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE GGM SERVICE, THE INTERNET OR ANY PRODUCTS PROVIDED BY GREEN GROWN MEALS. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE GGM SERVICE AND TO TERMINATE THIS AGREEMENT. GGM RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. Green Grown Meals operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold GGM Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
The provisions of this Agreement shall survive the termination or expiration of this Agreement.
You agree that your obligations and the obligations of each User set forth in this Agreement are necessary and reasonable in order to protect the GGM Parties and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this Agreement. Accordingly, you acknowledge and agree that any such violation or threatened violation shall cause irreparable injury to the GGM Parties and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the GGM Parties shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or your continuation of any such breach, without the necessity of proving actual damages.
This Agreement, your use of Green Grown Meals, your rights and obligations, and all actions contemplated by, arising out of or related to this Agreement shall be governed by the laws of the State of New York, as if this Agreement are a contract wholly entered into and wholly performed within the State of New York. YOU AGREE THAT ALL ORDERS TO AND PAYMENTS MADE TO GREENGROWN MEALS AS WELL AS ALL FOOD RECEIVED FROM GREENGROWN MEALS, AND CONTEMPLATED ACCORDING TO THE TERMS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF NEW YORK AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
Any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled solely and exclusively by binding arbitration held in White Plains, New York, administered by JAMS and conducted in English. You expressly agree that any dispute about the scope of this Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court; provided, however, that any of the GGM Parties may, without inconsistency with this arbitration provision, apply to any court for a preliminary remedy, i.e., equitable or injunctive relief, or to seek enforcement of the arbitral award. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes. Any such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures, with the following exceptions to such rules if in conflict:
one arbitrator shall be chosen by JAMS;
any arbitration must be commenced within one (1) year after the claim or cause of action arises;
each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and
arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. You agree to bear your own attorney’s fees, costs, and expenses. You agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity; provided, that, nothing in this subsection shall be construed as precluding us from bringing an action for injunctive or equitable relief. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR IF ANY OF THE GGM PARTIES SEEK INJUNCTIVE OR EQUITABLE RELIEF THEN YOU:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE GGM PARTIES HERETO, AND
SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN WESTCHESTER COUNTY, NEW YORK AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You irrevocably and unconditionally waive any objection that you may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Agreement in the federal or state courts located in the State of New York.
You agree to arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one User’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of these arbitration provisions in this Agreement will remain in full force and effect.
You agree that this section of this Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
Section headings in this Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this Agreement.
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. We are not your agent, fiduciary, trustee or other representative. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and Green Grown Meals.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to their definitions and interpretations in the English language.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Green Grown Meals may suspend or terminate this Agreement or the GGM Service or remove or disable access to any portion of the GGM Service at any time for any reason with or without notice to you. You may terminate this Agreement and your GGM Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. GreenGrown Meals reserves the right to collect fees and charges incurred before you cancel your GGM Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Green Grown Meals may give notice to you of any change or any other communication related to this Agreement through a general posting on the Site or by electronic mail.
The provisions of this Agreement are for the benefit of GGM Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your GGM Service.
Green Grown Meals may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Site for orders already placed. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.