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Terms of use

Terms of Use – Just Add Cooking

Welcome to Just Add Cooking! The justaddcooking.com website, together with any related applications, (collectively, the “Website”) is operated by Just Add Cooking, INC (“Just Add Cooking”, “we”, “us” or “our”).

Your use of this website is governed by these Terms of Use

Your use of this Website constitutes your agreement to these terms of use (the “Terms of Use”) and our Privacy Policy (the “Privacy Policy”) and all services provided by Just Add Cooking via the Website (the “Services”). Just Add Cooking reserves the right to update or modify these Terms of Use at any time without prior notice, and your use of this website following any such change constitutes your agreement to the revised Terms of Use.

Scope of Services

Just Add Cooking maintains the Website as a service to our users. You are responsible for obtaining any equipment and internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Website or the Services in whole or in part, at any time and for any reason, without notice or liability to you.

Use of the content on this Website

All of the content on this website, including without limitation the images, graphics and text, as well as the underlying software, networks and systems that support this website, is owned by or under license to Just Add Cooking and is protected by applicable trademark, copyright and other rights. No right, title or interest in any part of the content on this website is transferred to you. Product and company names are trademarks or registered trademarks of their respective owners.

The content on our Website may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you. This means that you may not modify, alter or prepare other works based on the content, or distribute copies of or publicly perform or display the content, including without limitation by posting the content on any network computer or distributing the content on or in any media.

The content on our Website may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to content, descriptions or specifications, without obligation to issue any notice of such changes.

Your account

If you register with our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. If you believe that your account has been compromised, you agree to notify us immediately so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

By accepting these Terms of Use, you agree to only provide us accurate information. You shall keep all of your account information current, including without limitation your delivery and billing address, payment information, email address, telephone number, and any specific instructions to our driver.

We may terminate or suspend your access to or use of our Websites or Services in our sole discretion, for any reason and at any time, with or without prior notice. You agree that we are not liable to you or any third party for any termination of your access to our Websites or Services.

Our service

Our subscription plan provides a weekly (or such other frequency as you may agree on our Website) drop off of food requiring additional preparation by you (the “Subscription Plan”). Once you subscribe to a Subscription Plan (your “Subscription”), you will receive food deliveries on the frequency set forth in the applicable Subscription Plan until you terminate your Subscription. Your Subscription constitutes a rolling order for food deliveries unless terminated or suspended by you. From time to time, we may offer Subscription Plans of greater or lesser frequency, as determined by us, provided that you will have to opt in to any change in the frequency of your Subscription Plan. You may terminate your Subscription without further financial obligation with sufficient advanced notice as required on our Website from time to time. You may be permitted to suspend your Subscription for specified periods of time with sufficient advanced notice as required on our Website from time to time. If you terminate or suspend your Subscription too late for us to provide a credit, we will provide you with the food in the timeframe that was contemplated by the Subscription Plan and you will be charged; your termination would then take effect after that delivery. Terminations or suspensions must be made on My Page at www.justaddcooking.com, or in such other method as we may establish from time to time. Please contact us at customersupport@justaddcooking.com with any questions.

To become a customer, you must be over 18 years old and pay with a credit or debit card, or other payment method, that we accept. Your payment method will be charged on the time frame set forth on our Website from time to time. Charges will be made automatically using the payment method listed in your account.

We value your satisfaction. If you find anything missing from your order or are dissatisfied with any of the ingredients or recipes, please contact us. We will refund all or part of your payment if you are not happy with our service and delivery.

Just Add Cooking reserves the right to change the content, function, and price of the Services. We will always inform you in advance if we make a change.

Deliveries will be made to the delivery address that you have given to us, within our delivery area. We will strive to continually expand our delivery area, but we cannot promise to be able to serve your area, or to continue to serve your area even if we have done so in the past. You can use your zip code on our Website to check if we can deliver to your address. We will do our best to deliver your order during the time window specified at our Website. Occasionally, circumstances beyond our control, including without limitation the weather, may make delivery within our time window impossible. If this happens, we will notify you as soon as possible and attempt to determine a suitable alternative delivery option for you order, but we cannot guarantee delivery.

Just Add Cooking’s failure to perform any term or condition of these Terms of Use as a result of conditions beyond its reasonable control including without limitation war, strikes, labor disputes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Use.

Quality and safety

For quality and safety purposes, we will handle all ingredients in a safe manner, at least as strong as required by regulations promulgated by the United States of America Food and Drug Administration (“FDA”).

If no one is at home at the time of delivery, the ingredients box will be left outside of your door or at a place nearby according to your instructions to our driver that you provide us on the Website. The ingredients box may include ice for meat, fish and dairy products, to try to maintain the proper temperature of the ingredients for a short period, depending on outside temperature, but it is your responsibility to be able to retrieve the ingredients box in a timely manner and provide proper refrigeration for the ingredients. We will contact you via text message or a telephone call to inform you about the delivery, if you provide us with your phone number.

You are responsible for your food once we have delivered it to the assigned delivery location. Just Add Cooking has fulfilled its obligations to you under these Terms of Use and takes no responsibility for the food once it has been delivered. We expect you to follow proper treatment and storage of the groceries and to ensure proper cooking of all ingredients. Just Add Cooking provides you with the recipes and necessary instructions to prepare the food, but you must be aware of and take responsibility for the risks of handling and eating raw or undercooked foods.

You are also responsible for ensuring that what you serve does not impact allergies or dietary restrictions of those whom you serve. We will provide you information about the ingredients prior to you placing the order; you are responsible for ensuring that you are able to use the ingredients.

Privacy Policy

Your privacy is important to us. Our Privacy Policy is located here. The Privacy Policy governs your privacy and is part of the Terms of Use of our Website.

Submissions

We welcome your comments and suggestions concerning this website and any other service we may offer. However, we accept such comments and suggestions under the condition that you grant to Just Add Cooking an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, copy, prepare derivative works based on and publicly perform, display and distribute the information and material you submit for any purpose whatsoever, without restriction and without compensating you in any way, without providing attribution to you.

You hereby represent and warrant that any such materials do not (a) include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant Just Add Cooking the license specified above or (b) contain libelous or otherwise unlawful, abusive or obscene material.

We reserve the right, but have no obligation, to monitor the content, to determine compliance with these Terms of Use and any other applicable rules that we may establish. We have the right to remove or edit any content that Just Add Cooking, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable.

Links and Third Party Sites

The Website may contain links to third party websites that are provided to you as a convenience. Any outside website accessed from our Website is independent from Just Add Cooking, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party websites.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Just Add Cooking of that third party or of any product or service provided by a third party. Just Add Cooking does not endorse, warrant or guarantee any product or service offered by any third party through the Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services.

Limited warranty and liability disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, AND CONTENT ON OR ACCESSIBLE FROM THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUST ADD COOKING DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE WEBSITES IS ACCURATE OR FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED; OR (v) THE WEBSITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Website may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Just Add Cooking and/or its suppliers may make improvements and/or changes in the site at any time.

Just Add Cooking and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services and related graphics contained on the Website for any purpose.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JUST ADD COOKING AND/OR ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, DIRECTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JUST ADD COOKING OR ANY OF ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, DIRECTORS, OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.

Miscellaneous

These Terms of Use shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language within sixty (60) miles of Boston, Massachusetts, United States of America under the Commercial Arbitration Rules of the American Arbitration Association. The parties shall appoint a sole arbitrator. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the Commonwealth of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable. You agree that any claims that you may assert against Just Add Cooking shall be brought solely by you and not as part of a class of claimants.

If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these Terms of Use at any time by updating this posting.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Just Add Cooking without restriction. Any assignment contrary to this paragraph shall be void.

Contact Us

Just Add Cooking welcomes your questions or comments regarding the Terms of Use.

Just Add Cooking INC
196 Quincy street
Boston, Massachusetts 02121

customersupport@justaddcooking.com

+1 617 708 1316

Effective as of April 2, 2013

Copyright 2013 Just Add Cooking INC. All Rights Reserved.