Acceptance of the Terms of Use

THESE TERMS OF USE (“TERMS OF USE”) OF EVERYTABLE, PBC CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. 

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY USING THE WEBSITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.

These Terms of Use apply to the use, purchase and sale of the Company’s products (the “Products”) and services (“Services”) through https://www.everytable.com and through any mobile, desktop, or device applications (collectively, the "Website"), whether as a guest or a registered user, in addition to any other terms and conditions that may be applicable to any such transaction as provided in the Website or other agreement between you and Everytable PBC, its affiliates, subsidiaries, successors, or assigns (collectively referred to as “Everytable,” the “Company”, "us", "we", or "our" as the context may require). These Terms of Use are subject to change by the Company upon sixty (60) days’  prior notice at any time, in our sole discretion. Notice of changes will be sent to your email (if one has been provided) and will be posted on the Website. The latest version of these Terms of Use will be posted on the Website, and you should review these Terms of Use before using or purchasing any Products or Services that are available through the Website. Your continued use of the Website, Products, or Services after a posted change in these Terms of Use following Company’s prior notice will constitute your acceptance of and agreement to such changes.

Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Certain content is intended for informational purposes only. 

Prior to using the Products or Services, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal disclaimers, which are further explained throughout these Terms of Use. In other words, your use of the Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services or your access and use of the Services. If you have any questions or concerns regarding the Terms of Use or conditions herein, please email us at [email protected]. 

These Terms of Use apply generally to the use of all Services, including, but not limited to, the Website, any subscription, the mobile application (the “App”), and the Company’s social media pages. By creating an Account or by visiting, browsing, or using the Website or Services in any way, you accept and agree to be bound by these Terms of Use, which form a binding agreement between you and the Company. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. All rights not expressly granted by the Company in these Terms of Use are reserved.

Eligibility to use the Website

NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Products and Services. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access.

This Website is offered and available to users who agree to these Terms of Use, are not prohibited from accessing or using the Website or Services, are 18 years of age or older, reside in the United States or any of its territories or possessions, and are legal U.S. citizens. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are under 18 years old, then you may not make a purchase on our Website. We reserve the right to revoke your ability to access the Products and Services offered on the Website for any reason at any time including as a result of a violation of these Terms of Use or the Privacy Policy, without notice.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. In addition, Upon notice, Everytable reserves the right to revise these Terms of Use at any time by updating this posting; provided any material modifications will only be applied prospectively.  Everytable will provide sixty (60) days prior notice before any updates to these Terms of Use are effectuated, either via email (if one has been provided) or by posting on the Website. All changes are effective immediately following the conclusion of the notice period and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

You are encouraged to review these Terms of Use each time you use the Website and prior to purchasing any product or service that are available through this Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Use of the Website

You may use the Website only for your own noncommercial personal use and in compliance with these Terms of Use. By using the Website or App, you represent and warrant that you (i) are located inside the United States, or (ii) are located outside Canada, the European Union (EU) or European Economic Area (EEA) and agree to be bound by U.S. laws. The Website are intended for users situated in the United States. We currently do not offer goods and services to Canada, the EU or EEA.

We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Website and or restrict your access to part, or all, of the Website and without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.

You are responsible for your own communications, including the transmission, uploading or posting of information to the Website and are responsible for the consequences of such communications. Any other use of the Website requires the prior written consent of Everytable. You may not otherwise copy, modify, or distribute the contents of this Website without the prior written consent of Everytable. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Website or the App, in whole or in part. We require all users to agree not to use the Website or the App, and specifically prohibit any use of the Website or the App, for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;
• Posting any information which is untrue, inaccurate or not your own;
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
• Attempting to interfere in any way with the Website, the App’s or Everytable’s network security, or attempting to use the Website or the App’s service to gain unauthorized access to any other computer system; and
• Using the Website to drop ship merchandise to third parties.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website or the App. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Website or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another web Website. You may not resell use of, or access to, the Website to any third party without the prior written consent of Everytable.

Accessing the Website, your Account, and Account Security

In order to access certain Services on the Website, you will need to establish an Account (your “Account”) for which you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Website under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in the Company’s sole discretion). The Company may, in the Company’s sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if the Company determines that you have violated these Terms of Use or that your conduct or content may damage the Company’s reputation or goodwill. 

You are responsible for all activity that occurs under your Account, including any activity by any unauthorized users of your Account. You may not allow others to use your Account or share your Account with others except as otherwise provided herein. You agree to notify the Company immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. In the event your Account is for any reason shared with or used by anyone other than you, you shall be responsible for informing any such user of these Terms of Use and ensuring compliance with the same. You are solely responsible for any and all use of your Account and although the Company will not be liable for your losses caused by any unauthorized use of your Account or use by anyone other than you, you may be liable for the losses of the Company or others due to such uses. You agree that the Company, in its sole discretion, may terminate or suspend your use of the Website and Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website and Services. Accessing the Website or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Website or the Services. To understand how we use the information collected from you, please read our Privacy Policy. 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

1. Making all arrangements necessary for you to have access to the Website.
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Everytable strives to maintain an accessible website for its users. Please see our Accessibility Statement for further details. 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You may delete your Account at any time. We reserve the right, but are under no obligation to, to delete an Account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. The Company may suspend, disable or delete your Account (or any part thereof) or block or remove any information or content you submitted if the Company determines that you have violated any provision of these Terms of Use or that your conduct or content would tend to damage the Company’s reputation or goodwill. If the Company deletes your Account or any information or content you have submitted for the foregoing reasons, you may not re-register for the Services. The Company may block your email address and Internet protocol address to prevent further registration and/or submission of information and content. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all Terms of Use of these Terms of Use survive such termination, and continue in full force and effect, except for any Terms of Use that by their nature expire or are fully satisfied. Upon termination, all licenses granted by the Company will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. The Company shall not be responsible for the loss of such information or content. 

Additional Terms of Use 

You agree that additional Terms of Use may apply to specific portions, services or features of the Website or the App or to specific products or orders, including but not limited to ordering, shipping and return policies, membership reward programs and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service (“Additional Terms of Use”), which Additional Terms of Use are made part of these Terms of Use by reference. If there is a conflict between these Terms of Use and the Additional Terms of Use, the Additional Terms of Use shall control.

You agree that your order is an offer to buy, under these Terms of Use, all Products and Services listed in your order. Availability of Products and Services cannot be guaranteed. Products, Services, and other information provided are subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. All orders must be accepted by us, or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. If you are using the Services or the Website and you do not wish for your Account to renew automatically, or if you want to change or terminate your subscription, please contact Customer Support at [email protected] or log into your Account. Your cancellation will take effect starting at the end of your current billing period. 

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Intellectual Property Rights, Use, and Ownership

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
5. If we provide social media features (i.e. Facebook, Twitter, Instagram, TikTok, YouTube or Pinterest) with certain content, you may take such actions as are enabled by such features.

You must not:

1. Modify copies of any materials from this Website.
2. Use any illustrations, photographs, video or audio sequences other than in the course of navigating the Website and purchasing the services represented therein.
3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

If you wish to make any use of material on the Website other than as set forth in this section, you may address a request to [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You further acknowledge and agree that:

(a) The Website and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company-generated content and content developed by or for the Company is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, the Company owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Website.

(b) All uses on the Website or the Services of the Terms of Use in relation to the Services of the following terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license for the Services. Each Service marketed on the Website is made available solely for license, not sale, to you and other prospective customers under the Terms of Use, conditions, and restrictions contained herein.

(c) The Company, its licensors, successors and assigns are and will remain the sole and exclusive owners of all intellectual property rights in and to the Content and each Product and Service made available on the Website and the Services and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms of Use. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services made available through the Website, or of any intellectual property rights relating to those Products or Services.

(d) The Everytable name, logos, related names and logos, service names, designs, slogans, and affiliated applications and technologies are the exclusive property of the Company. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. The Company owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Privacy

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use and/or purchase of Products or Services. Please review the Privacy Policy for important information regarding the information Everytable collects and your rights. When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your Account settings.

You represent and warrant that:

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

The Website may contain links to third party Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites, including privacy and data gathering practices. In addition, the Company will not and cannot censor or edit the content of any third-party Website. By using the Website, you expressly relieve and release the Company from any and all liability arising from your use of any third-party Website. 

Under no circumstances will Everytable be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Website or endorse any opinions expressed therein.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user Account of repeat infringers. Everytable will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

EVERYTABLE'S REWARDS PROGRAM TERMS and conditions

How Everytable Rewards Work

Participants in Everytable rewards may accumulate loyalty “points” that entitle the participant to Everytable rewards benefits (“Rewards"). Rewards points are awarded with each qualifying purchase in relation to the amount spent at on Everytable Products (as defined in the Subscription Services Terms and Conditions Section below). Qualifying purchases begin accumulating Rewards points upon the first presentation of a Rewards Account at the time of a qualifying purchase.

Eligibility for Rewards

This Rewards program is offered and available to all Everytable customers with an Account who agree to these Terms of Use, are not prohibited from accessing or using the Website or Services, are 18 years of age or older, and reside in the United States or any of its territories or possessions.

Qualifying Purchases

A qualifying purchase eligible for Rewards points includes using the Website to purchase eligible Everytable Products or purchasing Everytable Products from a retail store location in a manner that properly identifies you as the Rewards Account holder. Qualifying purchases where an active reward, mobile offer, or promotional offer is redeemed will accrue Rewards points, but you will only accrue points for U.S. dollars actually spent in the transaction. Further, the following are not considered qualifying purchases and will not accrue points: (a) taxes, services fees, and other surcharges or fees, and (b) loading any money on an Everytable gift card, but when an Everytable gift card is used to make a qualifying purchase, you will accrue Rewards points for that purchase.

How to Earn Rewards Points

Rewards Points for Subscribers

If you are enrolled in the Subscription Service, you will earn double Rewards points with each qualifying purchase. Rewards points can be used towards a free Everytable Product, and customers enrolled in the Subscription Service receive additional special benefits for which the Rewards points may be used. 

Each $1.00 spent on a qualifying purchase of Everytable Products equals 2 Rewards points, and each Rewards point is worth $0.05 towards a free Everytable Product or $1.00 off of an Everytable Product.   There is a minimum redemption of $5.00 (or 100 points) and a maximum redemption of $10.00 (or 200 points) for each purchase/order. 

Rewards Points for Non-Subscribers

If you are not enrolled in the Subscription Service, you can still earn Rewards points with each qualifying purchase to unlock points towards a free Everytable Product or $1.00 off of an Everytable Product. Each $1.00 spent equals 1 Rewards point, and each Rewards point is worth $0.05 towards a free Everytable Product or $1.00 off of an Everytable Product.  There is a minimum redemption of $5.00 (or 100 points) and a maximum redemption of $10.00 (or 200 points) at each purchase/order. 

Rewards Points Redemption

The option to redeem your Rewards points will automatically appear at check out. Use the drop down menu to select the amount of Rewards points you would like to apply to your order. Once chosen, click the 'Apply' button to redeem the Rewards points towards your order.  You may also redeem your points during your purchase at one of our stores. 

When Rewards points are added to your or otherwise redeemed by you, the Rewards points associated with that Reward will be deducted from the account.

Once your Rewards points have been redeemed, they may no longer be redeemed and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the Rewards points or other item(s) that your Rewards points were redeemed toward.  Additionally, if your order is canceled or refunded, the Rewards points used for the canceled or refunded order are removed from your account. 

You may redeem points on an order in combination with any eligible promo code unless otherwise stated in the terms and conditions of the promotion. When you redeem a reward, promo code, or other offer, you will still be eligible to earn Rewards points on other items included in your transaction. 

The purchase of a gift card is not eligible for points. However, you may earn points when you pay with an Everytable gift card if you order through your account at the store checkout or through the Website.

Verifying Your Rewards Points Balance

You can check your Rewards points balance in your Account using the Website. Rewards points that you earn may not always immediately post to your Account. You are responsible to ensure Rewards points from your qualifying purchases are correct. If you believe Rewards points from your qualifying purchase were incorrectly calculated, you must notify Everytable within 1 month of the qualifying purchase by providing your receipt to Everytable Support at [email protected]. Everytable has the sole discretion to determine points in your Account and Everytable has no liability for any delay or failure to correctly credit Rewards points to your Account.

Sale or Transfer of Rewards Points

Rewards points earned through the Rewards program shall not be transferred, sold, resold, or otherwise used to the benefit of any party other than the customer associated with the account which earned the Rewards points.

Expiration of Rewards Points – Effective March 3, 2024

Rewards points accrued between January 3, 2024 and March 3, 2024 will expire 120 days after such points were earned. Rewards points accrued prior to January 3, 2024 will expire the later of (i) 120 days from the date they were earned; or (ii) March 3, 2024. Rewards points accrued after March 3, 2024 shall expire on the 120th day from the date such points were earned. For the avoidance of doubt, except as otherwise provided, Rewards points will expire if not used within 120 days after they were accrued and recorded in your account. If Everytable terminates the Rewards program, any unused Rewards points in your Account will expire and be void when the Rewards program is terminated. Upon termination of your online services Account for any reason (including, but not limited to, whether you choose to close your account or Everytable terminates your Account for a violation of these Terms of Use), all Rewards points that you have accumulated will immediately expire. By opting out of the Everytable Rewards program, all Rewards points and Rewards you have earned until now will no longer be available.

Your Compliance With the Rewards Terms

Everytable has the discretion to invalidate or void Rewards points from your online services Account, or to suspend or terminate your Account (both now and in the future), if Everytable believes you improperly obtained Rewards points, abused the Rewards program or otherwise violated these Rewards terms. In that event, you forfeit any Rewards points you have accumulated (including properly obtained Rewards points) and you forfeit your right to earn Rewards points in the future. Everytable has the sole discretion to determine your compliance with these Rewards terms. Everytable’s determination is final.

No Rights to Rewards Points

Rewards points are not property, and you have no vested right or interest in Rewards points. Rewards points have no cash value. Rewards points are not assignable or transferrable between online services accounts or otherwise, and Rewards points cannot be combined across accounts, regardless of who registered the Account.

Changes or Termination of Rewards Program

Everytable reserves the right, in its sole discretion, to cancel, change, modify or discontinue Rewards program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, Rewards points accruing or accumulation ratio, the Rewards points redemption policy, the Rewards points expiration policy, or any other aspect of the program at any time, and such changes may affect points and Rewards already in your Account. The Company reserves the right, in its sole discretion, to terminate the Rewards Program and cancel all pre-existing Rewards points earned by customers at any time. Any changes to or termination of the Rewards program terms shall be effective upon the expiration of the notice period in accordance with these Terms of Use.

EVERYTABLE'S SUBSCRIPTION SERVICES TERMS AND CONDITIONS

How Everytable’s Subscription Service Works

Everytable’s subscription service (“Subscription Service”) is an automatic, recurring weekly or biweekly subscription to Everytable ready-to-eat meals and drinks (gift cards excluded) (“Everytable Products”). As part of the Subscription Service, we offer a number of subscription options that you may choose from. Each week or every two weeks depending upon your preference, you will receive a package containing Everytable Products in accordance with the preferences you select from your Account. You can find specific details regarding your Subscription Service by accessing your Account details via the Website. Once enrolled, the Subscription Service shall continue indefinitely until you cancel the service in accordance with these Terms of Use.

Eligibility for Subscription Service

This Subscription Service is offered and available to all Everytable customers with an Account who agree to these Terms of Use, are not prohibited from accessing or using the Website or Services, are 18 years of age or older, and reside in the United States or any of its territories or possessions.

Enrollment in Subscription Service

You may begin a subscription in-person with the Everytable store representative at one of the Everytable stores or on the Website. To begin online, simply go to https://www.everytable.com and select “Start New Order” and follow the prompts to Start a Subscription, including creating an account with an email and/or phone. You will begin receiving points with your first purchase.

Everytable Products Available for Subscription Service

All available Everytable Products in your particular zip code are available for purchase as part of the Subscription Services. 

Subscription Service Exclusive Benefits

Exclusive benefits of the Subscription Service include:

• Discounts on all Everytable Products, all the time;
• Free delivery on qualified minimum orders (subject to a service/packaging fee);
• Weekly or bi-weekly subscription plans with the ability to modify selections up to 4 weeks in advance or cancel at anytime;
• Double rewards points with each order, which may be used towards the redemption of a free Everytable Product.  Each $1.00 spent equals 2 points;
• Special perks reserved for subscribers only, including the chance to attend:
• a chef culinary experience event;
• a chef tasting for one of our new meal launches before it hits the stores and online;
• invites to partner events in one’s local area.

Managing Your Subscription

You can manage your subscription preferences by logging into your subscription Account and clicking on ‘My Subscriptions.’ As a subscription customer, you will have the ability to edit or manage your subscription order(s) up to 4 weeks in advance.   These modifications include: 

• Skipping orders
• Editing meals
• Removing meals from their subscription order

The skip function allows you to skip your upcoming delivery. For example, if you have a delivery scheduled for this week, you aren’t able to skip next week before you receive this week’s delivery. You can go into your Account and skip weeks only after you’ve received the next delivery you want. You can skip up to 4 weeks at a time. If you skip an order, after 4 weeks following the date you skipped your first order, your Subscription Service will automatically reactivate in accordance with your previous settings unless you log into your Account and choose to skip the Subscription Service again. This process must be completed every 4 weeks until you wish to continue the Subscription Service. 

Pausing Your Subscription

You cannot pause your subscription plan but may modify your orders up to 4 weeks in advance, as described above. You may also cancel your subscription or activate a new subscription at any time by logging into your Account.  

Rolling Basis of Product Selection for Subscription Services

You have the option of selecting the day you would like to receive your Everytable Products, and you also have the option of selecting the specific Everytable Products you would like to receive, on a weekly or biweekly basis. The day you select to receive your first Everytable Products will be the default unless modified in accordance with these Terms of Use. In subsequent weeks, if you do not make a change, your Everytable Products will arrive on the day you initially selected every week (unless you modify your order, pursuant to these Terms of Use, or there are extenuating circumstances, detailed in these Terms of Use). If you choose to have your delivery on another day for a specific week, that day will then become the new default delivery date, and subsequent weeks will have your Products arriving on the newly selected day.

Subscription Auto-Renewal

THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. WHEN YOU REGISTER FOR THE SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) EVERYTABLE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO SUBMIT PERIODIC CHARGES (E.G., WEEKLY), UNTIL YOU PROVIDE ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD (SUCH NOTICE OF WHICH WILL NOT AFFECT CHARGES SUBMITTED BEFORE EVERYTABLE REASONABLY COULD ACT), (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF EVERYTABLE PRODUCTS YOU RECEIVE EACH SUBSCRIPTION PERIOD MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, (C) THE MINIMUM PURCHASE OBLIGATION IS $15 PER ORDER, AND (D) FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD OF ONE WEEK, TWO WEEKS, OR ONE MONTH (AS SELECTED BY YOU), AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD OF ONE WEEK, TWO WEEKS OR ONE MONTH, RESPECTIVELY, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE INDEFINITELY UNLESS IT IS CANCELLED OR PAUSED BY YOU OR US IN ACCORDANCE WITH THESE TERMS OF USE. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF THE SUBSCRIPTION SERVICE.

BY SUBSCRIBING TO THE SUBSCRIPTION SERVICE, YOU AUTHORIZE EVERYTABLE TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION SERVICE, IF EVERYTABLE DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT EVERYTABLE MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION SERVICE BUT CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL SUCH PAYMENT IS RECEIVED. UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE RE-ACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED.

Subscription Cancellation

YOU MAY CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME. YOUR SUBSCRIPTION SERVICE WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT PERIOD EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE AMOUNT PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. 

TO CANCEL YOUR SUBSCRIPTION SERVICE, SIMPLY LOGIN INTO EVERYTABLE.COM AND CHOOSE “EDIT SUBSCRIPTION,” IN THE TOP MENU. FROM THERE, SELECT “SETTINGS” IN THE LEFT MENU AND CLICK “CANCEL SUBSCRIPTION” FROM THE BOTTOM “PLAN SETTINGS” PAGE. A POP UP WINDOW WILL APPEAR AND YOU WILL BE ABL TO SELECT “CANCEL SUBSCRIPTION.” YOU CAN ALSO CANCEL YOUR SUBSCRIPTION SERVICE BY SENDING AN EMAIL TO [email protected]. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION SERVICE BY YOU. 

Everytable Product Information; Limitation on Quantities

Excluding any content that may be submitted by users from time to time, we strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Website will be available.

REFERRAL PROGRAM

The Everytable referral program enables you, using any active account within the Website, to recommend Everytable to a friend. Any new customer who uses your specific link or code to purchase receives $40.00 off their first order (minimum order of $65.00) and you receive a $40.00 credit in your account to apply on future orders of Everytable Products.

PAYMENT AND PRICING

If you wish to purchase any Product or Service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your debit or credit card number, the expiration date of your debit or credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any debit or credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Everytable the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All prices posted on the Website and/or Services are subject to change without notice and may vary by your location. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases or decreases will only apply to orders placed after such changes. Price decreases for active subscriptions may occur with notice to existing subscribers. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your checkout total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the Everytable Products ordered will be used only in a lawful manner. Everytable reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

Pricing Adjustments

We reserve the right to adjust prices in our sole discretion, at any time and without notice to you. All prices shown on the Website are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Website. Everytable will not be able to notify you of changes in any applicable taxes. The shipment of the Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your order or subscription in accordance with these Terms of Use.

Payment

You agree that by placing an order on the Website or the App, you are entering into a binding contract with Everytable and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You agree to pay for all orders made from your Account in accordance with the prices and billing Terms of Use in effect at the time an order is made from your account. You also agree to pay all applicable taxes. To make an order from your Account, you must provide valid payment information (e.g. credit card, debit card) through the Website. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Everytable to automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available, (3) Everytable to share payment information and instructions required to complete the payment transactions between Everytable, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) that no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Everytable reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Everytable reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third party collection agency.

REPLACEMENT INGREDIENTS IN MEALS

Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in a meal, to discontinue the use of any ingredient or product, or to substitute any ingredients or entire meals, all without notice. While we make every effort to ensure that you are provided with the very best ingredients for our meals, these changes may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. Please review the ingredients on the product packaging carefully prior to consuming the Everytable Products. If you have any issues with any substitution, or either an ingredient or a meal, please contact us at [email protected] or (213) 444-5524.

FREE TRIALS

From time to time, to the extent legally permitted, Everytable may offer free trials of certain Products or subscriptions for specified periods of time without payment. If Everytable offers you a free trial, the specific Terms of Use of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are only for first-time users of Everytable, unless stated otherwise.

IN CONNECTION WITH THE SUBSCRIPTION SERVICE, ONCE YOUR FREE TRIAL ENDS, EVERYTABLE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION SERVICE (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION SERVICE CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION SERVICE PRIOR TO THE END OF YOUR FREE TRIAL. THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF PRODUCTS YOU RECEIVE EACH SUBSCRIPTION SERVICE PERIOD MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION SERVICE ARE DESCRIBED IN THE CANCELLATION SECTION ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OR YOUR SUBSCRIPTION SERVICE HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

VOUCHERS

Everytable may offer discount promotions, discounted trials, or other types of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users need to create an Account through the Website and input their information and the code found on the Voucher to redeem. A Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Vouchers are only for first-time users of Everytable, unless the Voucher states otherwise. Everytable reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance with the foregoing sentence, Everytable reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third party Website (excluding your own social media profile(s) or blogs), or if you otherwise violate these Terms of Use. Vouchers may only be redeemed through our Website, and not through any other Website or method of communication. As a part of the verification process, Everytable may require you to provide additional identification information. 

DELIVERY

Products purchased from our Website may be shipped by a third party carrier. As a result, title and risk of loss for such Products shipped by a third party will pass to you upon our delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Delivery Specifics 

In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, 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 Products 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 order. 

Our drivers take care to follow delivery instructions provided by our customers. Everytable is not at fault for stolen, late received or mis-delivered orders due to inaccurate or missing delivery instructions. If you feel there has been a mistake with your delivery or your delivery instructions were not followed, please contact us at [email protected] or (213) 444-5524.

FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms of Use is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure Event.

RECEIPT OF THE MATERIALS 

Everytable uses specific materials to refrigerate perishable items. Please note that you are responsible for reviewing the meals upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Products are delivered, the Products will be left at your door or in a common area. Any individual at the delivery address who accepts a delivery from Everytable is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same Terms of Use that would apply had you accepted the delivery yourself. Upon the completion of your review of the Products, we recommend that you place all perishables in your refrigerator to ensure the ingredients’ integrity. We also recommend that you follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, as well as the USDA’s instructions on safe food handling. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, and elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups. The risk of loss and/or damage passes to you at the time of delivery. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any storage of the contents of any Products. 

NO RESALE

You are not permitted to resell or otherwise use the Products for commercial purposes.

Goods Not for Export

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Products and Services purchased from the Company may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations"). You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of any Products, the Services or content therein.

RETURN AND REFUND POLICY

In the event that you are unhappy with any part of your Products, or a specific Product, you can reach out to us at [email protected] or call (213) 444-5524. Please do so within five (5) days of the date you received the unsatisfactory item. If related to ingredients or condition of a meal, we, at our sole discretion, may give you credit for the individual ingredient or meal, and in some situations, issue a partial or full refund for the ingredient or the meal. We reserve the right, however, to require either the return of the unsatisfactory ingredient or meal, or a photograph of such, before any partial/full refund or credit will be issued. 

Once processed, you should receive your refund within three to five (3-5) business days, depending upon your financial institution. A confirmation email for your refund will be sent to you. If you still have not received your refund after five (5) business days, we advise contacting your bank.

CANCELING AN EXISTING ORDER

To cancel an existing order, please reach out to our customer success team, using one of the methods below: (A) Call (213) 444-5524, (B) Email: [email protected], or (C) Chat via the icon in bottom left corner of any page on Everytable.com.

Subscription & One Time Orders

Subscription orders and one-time orders can be canceled or modified up to 24 hours after the order has been charged. You will receive a refund for any items canceled within the 24-hour period after the order has been charged. However, if you attempt to cancel your order after the 24-hour period, you will be charged the full amount and receive the order.

On Demand Orders

Once an on-demand order has been placed, it cannot be canceled or adjusted under any circumstance.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

1. Link from your own or certain third-party Websites to certain content on this Website.
2. Send e-mails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms of Use we provide with respect to such features. Subject to the foregoing, you must not:

1. Establish a link from any Website that is not owned by you.
2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Website.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The Website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other Websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the Terms of Use for such Websites.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims or representations that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

Any information provided by us regarding the Products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should read and strictly follow all product labels, packaging inserts and instructions and applicable manufacturer directions and warnings.

To the extent that a secondary party may have access to or view the Company content on your computer or mobile device, you are solely responsible for informing such party of all provisions, Terms of Use, disclaimers and warnings in these Terms of Use. To the extent any disclaimer or limitation of liability in these Terms of Use does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

You assume all responsibility and risk with respect to your use of the Website or the App. THE WEBSITE, THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, EVERYTABLE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND PRODUCTS ARE CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO INFORMATION PROVIDED IN CONNECTION WITH ANY SERVICES OR PRODUCTS WITH RESPECT TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTABLE, ITS AFFILIATES AND SUBSIDIARIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, SERVICES AND THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR its CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE COMPANY WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EVERYTABLE DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR WEBSITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED ON THE PHSYCIAL PRODUCT PACKAGING AND ON OCCASION MAY BE MODIFIED BY EVERYTABLE OR A THIRD-PARTY MANUFACTURER WITH UPDATED LABELS, AS APPLICABLE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCTS LABEL DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL EVERYTABLE, ITS AFFILIATES, SUBSIDIARIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EVERYTABLE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, OR AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE, TO YOU FOR ANY DAMAGES INCURRED BY YOU, EXCEED THE AMOUNT YOU PAID TO EVERYTABLE IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. THE COMPANY DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL ADVICE CONSTITUTES QUALIFIED EXPERT ADVICE. YOU SHOULD ALWAYS SEEK EXPERT PROFESSIONAL ADVICE IN NUTRITIONAL AND HEALTH MATTERS AND SHOULD NOT RELY ON ANY OPINIONS EXPRESSED THROUGH THE SERVICES AS EXPERT OPINIONS OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Everytable, its affiliates, subsidiaries licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. This defense and indemnification obligation will survive these Terms of Use and your use of the Website, the App, your Account, or the Services.

Governing Law, Venue, and Jurisdiction

To the extent the parties are permitted under these Terms of Use, all matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, United States of America, without regard to conflict of laws provisions, excluding (i) California's conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. You and the Company hereby consent to submit to the jurisdiction of the federal and state courts sitting in Los Angeles County, California for any actions, suits or proceedings arising out of or relating to the Company’s Products or Services, including these Terms of Use, that are not subject to the Arbitration Agreement in these Terms of Use. 

Arbitration Agreement; Class Waiver; Jury Waiver

YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

Any dispute relating in any way to your visit to, or use of, the Website or the App, to the products you purchase through the Website (including a subscription), or to your relationship to Everytable ("Claims") shall be exclusively submitted to confidential and binding arbitration in Los Angeles County, California, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Everytable agree in writing, and the arbitrator shall apply California law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below: American Arbitration Association Website: www.adr.org.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator's award is final and binding on the parties.

UNLESS OTHERWISE ALLOWED UNDER APPLICABLE LAW, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND EVERYTABLE HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR EVERYTABLE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration Terms of Use will be enforced.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Waiver, Severability, and Remedies

The failure of Everytable to partially or fully exercise any rights or the waiver of Everytable of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Everytable or be deemed a waiver by Everytable of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Everytable under these Terms of Use and any other applicable agreement between you and Everytable shall be cumulative, and the exercise of any such right or remedy shall not limit Everytable’s right to exercise any other right or remedy. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Terms of Use of Sale and constitute the sole and entire agreement between you and Everytable, PBC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. The Company may assign its rights, obligations and/or these Terms of Use at any time in its sole discretion without notice to you.

No Third-Party Beneficiaries 

These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

(a) To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms of Use, you must contact us by personal delivery, overnight courier or registered or certified mail to Everytable, PBC, 3305 E. Vernon Ave, Vernon, CA 90058. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Notice to U.S. Government End Users

Any applications installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights as "commercial Items," as that Terms of Use is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such Terms of Use are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

Written Document 

You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document.

Your Comments and Concerns

This Website is operated by Everytable, PBC, which may be contacted via email at [email protected].

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email protected].