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TERMS OF USE

Updated as of September 18, 2020

The following describes the terms on which Affinity Easy Eats (“Affinity Easy Eats”, “we”, “us”, “our”) offers you access to our affinityeasyeats.com site (the “Site”) and the content, products, and services offered on or through the Site.No representation, warranty, term or condition, other than as specifically set forth in these Terms of Use (these“Terms”), shall be binding on us.

BY USING OUR SITE, affinityeasyeats.com, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTOOD THESE TERMS AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THEM (WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SITE). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE, AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Affinity Easy Eats. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE LEGALLY BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PROMPTLY EXIT AND DO NOT USE THIS SITE.

1. Affinity Easy Eats Meal Service.

We offer through the Site our pre-prepared meal delivery service (such service, together with the meals provided pursuant to such service, are referred to in these Terms as the “Meal Service”).

We offer through the Site our pre-prepared meal delivery service (such service, together with the meals provided pursuant to such service, are referred to in these Terms as the “MealService”).

The meal selections, delivery schedule, pricing, and other details for the Meal Service will be listed on the Site. You may purchase a subscription to the Meal Service by completing the on-line form and providing a method of payment as outlined below. Once enrolled in the Meal Service, you will receive, each week, the number and type of meal boxes selected, with each box containing twelve (12) individual meals. You will be charged for each meal box, in advance, prior to the delivery of such meal box. Please note that no substitutions or changes to the offered selections are permitted.

You may change your meal box selections and/or the weekly quantity of boxes ordered, or suspend or cancel your Meal Service at any time. The deadline for changes, suspension, and cancellation will be listed on the Site. Unless you make any changes or suspend or cancel your Meal Service, you will continue to receive the same meal box selections and quantity of meal boxes each week.

The meal selections, delivery schedules, pricing, and other components of the Meal Service are subject to change from time to time in our sole and absolute discretion. You are responsible for checking the Site periodically to learn about such changes. We will have no liability to you for such changes.

While we have made every effort to provide accurate nutritional information and ingredient lists, please note that meals are cooked by an outside vendor, and we are not responsible for any discrepancies. Additionally, we are not responsible, and will have no liability to you, for any allergic reactions you may have to a meal or any allergen contamination within the meals. If you have a life-threatening allergy, you should not use the Meal Service.

We reserve the right to (i) discontinue any meal offered in the Meal Service, (ii) limit the quantities of products and services we offer and the sales of our products and services to any person or geographic region, (iii) modify, suspend or terminate the Meal Service (or any portion thereof) at any time without advance notice to you, (iv) refuse service to anyone, for any or no reason, at any time (including, without limitation, orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors), and (v) to suspend or cancel your Meal Service, for any or no reason, at any time; provided, that any meal boxes ordered and paid for prior to such suspension or cancellation will be delivered pursuant to the normal schedule. We will have no liability to you for any such discontinuation, limitation, refusal, modification, suspension or termination.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Any offer for the Meal Service (or any other product or service made available on or through the Site) is void where prohibited.

2. Meal Service Payment

You may pay for the Meal Service by using any of the following payment methods: (i) valid credit card, (ii) electronic payment from a checking account using a valid debit card, or (iii) PayPal. Unless you suspend or cancel your subscription to the Meal Service, we will use your authorized payment method to automatically charge you, in advance, for each weekly Meal Service delivery. Orders processed by telephone will be authorized verbally and considered a legally binding agreement to pay for all fees associated with your Meal Service. Payment methods authorized by phone will be used for future Meal Service payments. Confirmation of your subscription and orders will be sent to the email address on file for your account. If your selected payment method becomes invalid and we are unable to charge you for a given week’s Meal Service, you will not receive meal boxes for such week. You agree to update your delivery address, payment method, and all other details of your account in order to ensure uninterrupted service.

All payments made to us are completely non-refundable.

3. Restrictions on Use.

All pages within this Site and any material made available for download or access are the property of Affinity Easy Eats or third parties with whom Affinity Easy Eats has contracted. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages or may available for download or access may be reprinted, republished, modified, or distributed in any form without the express written permission of Affinity Easy Eats. The Site is intended for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by Affinity Easy Eats.

4. Trademark Notice.

The Affinity Easy Eats logos, designs, and other marks used on the Site are logos, trademarks, and service marks of Affinity Easy Eats. Other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners.

5. User Representations; Prohibited Uses.

You represent and warrant that (a) your use of the Site is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Site; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms; and (d) your use of the Site shall be in accordance with these Terms and all applicable laws, rules or regulations.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

     In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)

     To send, knowingly receive, upload, download, use or re-use any material which violates these Terms;

     To impersonate or attempt to impersonate Affinity Easy Eats, a Affinity Easy Eats employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or

     To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm users of the Site or expose them to liability.

Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

6. Additional Products and Services.

Affinity Easy Eats may, from time to time, offer for sale certain products and services on or through the Site. Such products and services can be purchased through use of your credit card, and all such purchases are non-refundable.

7. Disclaimers; Limitation of Liability.

THE SITE, THE MEAL SERVICE, AND ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Affinity Easy Eats MAKES NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, SECURITY, COMPLETENESS, TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE SITE, THE MEAL SERVICE, AND ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE. WE DO NOT REPRESENT, WARRANT OR GUARANTY THAT (i) THE SITE WILL BE ERROR-FREE OR VIRUS-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE OR HARDWARE; OR (ii) ERRORS OR DEFECTS IN THE SITE, THE MEAL SERVICE, OR THE PRODUCTS, SERVICES, CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE WILL BE CORRECTED.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE MEAL SERVICE, ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE, AND HYPERLINKED WEBSITES.

NEITHER Affinity Easy Eats NOR ANY OF ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COUNSEL, INSURERS, REPRESENTATIVES, OR AGENTS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE SITE, (II) THE MEAL SERVICE, (III) THE PRODUCTS, SERVICES, CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE, AND/OR (IV) ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF THE ITEMS REFERENCED IN CLAUSES (I) – (IV) ABOVE IS TO STOP USING THEM.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US AND OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COUNSEL, INSURERS, REPRESENTATIVES, AND FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, (I) YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE AND THE MEAL SERVICE; (II) YOUR USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE SITE; (III) YOUR USE OF THE PRODUCTS, SERVICES, CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE, AND (IV) YOUR USE OF ANY HYPERLINKED WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY SET FORTH IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

8. Indemnification.

You will indemnify, defend, and hold us (and our members, managers, directors, officers, employees, subsidiaries, affiliates, partners, vendors, suppliers, counsel, insurers, representatives, and agents) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) use of the Site, (b) use of the Meal Service, (c) purchase and/or use of any products, services, content or information offered on or through the Site, or (d) breach of these Terms. Your defense and indemnification obligations will survive your use of the Site, the Meal Service, any products and/or services products, services, content or information purchased or accessed on or through the Site, and any hyperlinked websites. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms, Site, the Meal Service, any products and/or services products, services, content or information purchased or accessed on or through the Site, and any hyperlinked websites.

8. Indemnification.

You will indemnify, defend, and hold us (and our members, managers, directors, officers, employees, subsidiaries, affiliates, partners, vendors, suppliers, counsel, insurers, representatives, and agents) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) use of the Site, (b) use of the Meal Service, (c) purchase and/or use of any products, services, content or information offered on or through the Site, or (d) breach of these Terms. Your defense and indemnification obligations will survive your use of the Site, the Meal Service, any products and/or services products, services, content or information purchased or accessed on or through the Site, and any hyperlinked websites. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms, Site, the Meal Service, any products and/or services products, services, content or information purchased or accessed on or through the Site, and any hyperlinked websites.

9. Third-Party Sites or Tools.

When you access a third-party site or tool through the Site, please understand that it is independent from Affinity Easy Eats, and that Affinity Easy Eats has no control over the content of that site or tool. In addition, our provision of access to a third-party site or tool through the Site does not mean that Affinity Easy Eats endorses or accepts any responsibility for such third-party site or tool. We are not responsible for examining or evaluating the content, accuracy, condition or functionality of any third-party site or tool, and such sites and tools are provided on an as is” and “as available” without any warranties, representations or conditions of any kind. We will have no liability or obligation whatsoever arising from or relating to your use of such third-party sites or tools, or any content, products or services accessed through such use. Please carefully review the third-party's terms, conditions and policies to make sure you understand and agree to them before you use its site or tool. Complaints, claims, concerns, or questions regarding a third-party’s sites or tools should be directed to such third-party.

10. Personal Information.

We may use personal information subject to the terms of our Privacy Policy.1 We may monitor and track use of the Site and information entered thereon subject to the Privacy Policy. By entering or using the Site, you agree that you have read and are subject to the terms of the Privacy Policy.

11. Proprietary Information.

By sending us any information or material, you grant us an unrestricted, irrevocable, world-wide, royalty free license to any copyrights, trademarks, trade secrets, and patented or patentable information contained in such information or material, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. By sending us any information or material, you warrant that such information and material is free from viruses, worms, trojan horses, and other items of a destructive nature, and you assume liability for all direct or indirect damage caused by such information and material.

12. Copyright Infringement.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our sites or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement as described herein, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.

If you believe that any material on the site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent identified in the Notices Section below.

If you believe that your own copyrighted work is accessible on our website or service in violation of your copyrights, you may provide our designated agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

1.    Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.

2.    Identify the URL or other specific location on the site or service that contains the material that you claim infringes your copyright described in Item 1 above.

3.    Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

4.    Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

5.    Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

6.    Include your name, mailing address, telephone number and email address.

You may send your notification of alleged copyright infringement to our designated agent by fax, mail, or email as set forth below: Affinity Easy Eats

Affinity Easy Eats, 520 W Union Hills Drive, Suite 104, #233,Phoenix, AZ 85027

Attn: Legal Team

Phone: (888) 808-0791

Email: orders@Affinity Easy Eats.com

 

13. Accuracy of Information.

Although we attempt to ensure the integrity and accuracy of the Site, we make no guarantee whatsoever as to the accuracy of information appearing on the Site or provided in connection with the Meal Service. Occasionally, there may be information on the Site or provided in connection with the Meal Service that is incomplete or contains typographical errors, inaccuracies or omissions that may relate to, among other things, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. In addition, unauthorized additions, deletions and alterations could be made to the Site by third parties. We reserve the right, but undertake no obligation (except as required by applicable law), to correct any errors, inaccuracies or omissions or provide additional information. We also reserve the right, at any time and without prior notice, to change, remove, or update any information on the Site or provided in connection with the Meal Service. No change or update to any portion of our Site should be taken to indicate that all portions of the Site have been changed or updated. The Site may contain certain historical information, which, necessarily, is not current and is provided for your reference only.

14. User Submissions.

If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submissions”), we will own all right, title and interest in and to such submission. You expressly agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any submissions that you provide to us. We will have no obligation (a) to maintain any submissions in confidence; (b) to pay or otherwise compensate you for any submissions or use thereof; or (c) to respond to any submissions.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or our Meal Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submissions. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party.

15. Termination.

If you breach or violate any of these Terms, we may, without prior notice, immediately terminate your access to this Site and use of our Meal Service. All obligations and liabilities that you incurred prior to such termination (including, without limitation, amounts owed for products and services purchased by you) will survive such termination and remain enforceable against you.

16. Dispute Resolution.

You agree that any claim or dispute you may have against us must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

17. Notices.

Except as explicitly stated otherwise, legal notices shall be in writing and delivered to Affinity Easy Eats at the following address: Affinity Easy Eats, 520 W Union Hills Drive, Suite 104, #233,Phoenix, AZ 85027, Attention: Legal Department, and shall be deemed given when actually received by us. Legal notices shall be delivered to you by email to the email address you provide to us during the registration process, and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, and, in such case, notice shall be deemed given three days after the date of mailing.

18. Governing Law.

These Terms of Use are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to choice or conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

19. General.

Affinity Easy Eats is located at Affinity Easy Eats, 520 W Union Hills Drive, Suite 104, #233,Phoenix, AZ 85027.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by applicable law. Headings are for reference purposes only and do not limit the scope or extent of such section.

In our sole discretion, we may assign these Terms in accordance with the Notices Section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We reserve the right to amend these Terms at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective upon posting to the Site. Additionally, we may (but are not obligated to) notify you via email to the primary email address you have provided. It is each user's responsibility to regularly check this Site for updates to these Terms. We will not be responsible for any emails that are not delivered due to changes in your primary email address that are not updated in your account or to being captured in your email filter. If you do not agree with the terms of these Terms following any such amendment, you must contact us and request to have your account terminated, and should not use the Site following the effective date of such amendment. Your continued use of the Site following the posting of any amended terms constitutes your acceptance of such changes.

Except as set forth above, these Terms may not be otherwise amended except in writing signed by you and us.

These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.

If you have any questions regarding the Site or these Terms, please send an email to orders@affinityeasyeats.com. You may also contact us by writing to Affinity Easy Eats at Affinity Easy Eats, 520 W Union Hills Drive, Suite 104, #233,Phoenix, AZ 85027 or by calling us at (888) 808-0791.

 

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