Terms and Conditions
TERMS AND CONDITIONS
Effective Date: November 17, 2017. Last Updated October 25, 2022
BEFORE USING THE “SERVICES” OR PURCHASING “PRODUCTS” (as such terms are defined below), PLEASE READ THESE TERMS AND CONDITIONS (this "Agreement" or these “Terms”). THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN YOU ("Customer", "you", "your") AND ROMAINE EMPIRE, INC., D/B/A FARMER'S FRIDGE ("Farmer’s Fridge"), PURSUANT TO WHICH THE CUSTOMER RECEIVES THE RIGHT TO ACCESS AND USE THE SERVICES AND PURCHASE THE PRODUCTS.
FARMER'S FRIDGE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE OR MODIFY PORTIONS OF THIS AGREEMENT AT ANY TIME. IF FARMER'S FRIDGE DOES MODIFY THIS AGREEMENT, IT WILL POST THE CHANGES ON THIS PAGE AND WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THIS AGREEMENT WAS LAST REVISED. ANY SUCH CHANGES WILL BECOME EFFECTIVE UPON POSTING AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS. AS SUCH, YOU ARE ADVISED TO REVIEW THIS AGREEMENT EACH TIME YOU USE THE SERVICES OR BUY PRODUCTS.
1. Services and Products. Subject to this Agreement, Farmer's Fridge provides Customer with access to and use of its websites and mobile applications on which a link to this Agreement appears, our Fridge software through the use of touch screens available on all of our Fridges and all content (excluding Customer Content, as defined below), features, and services available through such websites and mobile applications (the "Services"). All Farmer’s Fridge products (collectively “Products”) made available to you through the use of the Services are also subject to this Agreement.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE SERVICES. Some Services may require that you must be 18 or older to use the Service. The Services are not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
2. Intellectual Property Rights.
2.1 Services. Farmer's Fridge owns and will retain all right, title, and interest in and to the Services, Products and any related hardware, software, and marketing materials.
2.2 Trademarks. "Farmer's Fridge", "Greens", "Fridge Greens", "The Cheater", "Jar du Jour", "Eat Happier", "My Fridge'', "FF", and the Farmer's Fridge and FF logos are trademarks of Farmer's Fridge. All other Farmer's Fridge trademarks, service marks, domain names, logos, company names, and indicia of origin referred to or used in connection with the Services and/or Products are either trademarks, service marks, domain names, logos, company names, or indicia of origin or are otherwise the property of Farmer's Fridge or its affiliates or licensors. In countries where any of the Farmer's Fridge trademarks, service marks, domain names, logos, company names, or indicia of origin are not registered, Farmer's Fridge claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names, and indicia of origin. Other product or company names referred to on the Services may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name, or indicia of origin of Farmer's Fridge or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name, or indicia of origin.
2.4 Copyright Complaints. Farmer's Fridge respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Farmer's Fridge of your infringement claim in accordance with the procedure set forth below.
Farmer's Fridge will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Farmer's Fridge's Copyright Agent at email@example.com (Subject line: "DMCA" Takedown Request"). You may also contact us by mail or facsimile at:
Romaine Empire, Inc. 2000 W. Fulton Street, Suite F-310 Chicago, IL 60612 Attn: Legal Department
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located, with enough detail that we may find it; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Cook County, Illinois and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Farmer's Fridge will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Farmer's Fridge's sole discretion.
In accordance with the DMCA and other applicable law, Farmer's Fridge has adopted a policy of terminating, in appropriate circumstances and at Farmer's Fridge 's sole discretion, members who are deemed to be repeat infringers. Farmer's Fridge may also at its sole discretion limit access to the Farmer’s Fridge platforms and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
3. Restrictions. Customer will not, and will not permit any third party to (a) reverse engineer or otherwise attempt to discover the source code or underlying structure or algorithms of the Services or any related software (except to the extent such restrictions are contrary to applicable law), (b) modify or create derivative works based on the Services or such software, (c) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, (d) harass any other users of the Services, (e) impose a disproportionate load on the Services, or (f) otherwise use the Services or such software outside of the scope permitted under this Agreement.
4. Third Party Websites. The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Farmer's Fridge has no control over such sites and resources and Farmer's Fridge is not responsible for and does not endorse such sites and resources. Customer further acknowledges and agrees that Farmer's Fridge will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings Customer has with third parties found while using the Services are between Customer and the third party, and Customer agrees that Farmer's Fridge is not liable for any loss or claim that Customer may have against any such third party.
5. Product Ordering. Farmer's Fridge may make available to you the ability to order Products (for delivery or pick-up) online or via its mobile app. Items which are ordered for pick-up from a Fridge location are referred to as being ordered via the "Reserve and Pay" functionality.
When you place a one-time order for delivery, you will be charged at the time of your order. If you wish to cancel your one-time order, Farmer’s Fridge will refund you in full if the cancellation notice is received by sending an email to firstname.lastname@example.org or calling Customer Support at (312) 229-0099 at least five (5) days prior to your delivery date. Cancellation requests made within one (1) to five (5) days of your delivery date may not be accepted or could result in a cancellation fee.
Regardless of ordering method, any applicable fees, taxes, and other amounts due in connection with your order will be identified when you place your order; however, for future orders, we reserve the right to adjust such amounts. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of the payment option made available through the Services at the time of ordering, which for certain locations and/or order types may exclusively include the ability to pay via credit card, Apple Pay, and/or Google Pay. Farmer’s Fridge reserves the right to change the available payment methods at any time. We use third party providers and may accept various third-party services to process payments. Certain discounts, coupons, and other offers may not be able to be combined with online ordering, and/or with "Reserve and Pay".
Prices for Products and delivery are subject to change without notice. Although Farmer’s Fridge makes reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors, or mistakes regarding Product availability may occur. Farmer’s Fridge reserves the right to correct such mistakes and errors. If a Product is listed at an incorrect price or a Product description is inaccurate, Farmer’s Fridge has the right, in its sole discretion, to reject any order or to cancel any orders placed for that Product. In those circumstances, if your payment method has already been charged, you will be issued a credit within a commercially reasonable amount of time.
Farmer’s Fridge reserves the right to deny any order for any reason, including if Farmer’s Fridge: (i) receives insufficient or erroneous billing, payment, and/or delivery information, (ii) suspects an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. If any Product is discontinued or otherwise becomes unavailable, Farmer’s Fridge reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
Reservation or delivery may not be guaranteed. Orders placed via "Reserve and Pay" will be available for pick-up from the applicable Fridge until the expiration time for such order (e.g., midnight on the day such order was placed, the "Expiration Time"). In the event an order is not picked up by the Expiration Time, such order will be canceled, and a refund will not be issued, except in the case of Fridge malfunction as determined in the sole discretion of Farmer's Fridge. Farmer’s Fridge reserves the right to retain and dispose of any Products not picked up by the Expiration Time, including by sale to third parties; subject to our quality control requirements. Any such sale shall not entitle you to a refund.
Delivery or other logistics may be handled by third party service providers and may be delayed or canceled for any reason; refunds for delayed deliveries will be granted in Farmer’s Fridge’s sole discretion (e.g., generally only for expired food). Delivery or pickup may only be available at certain locations or in certain zones. Farmer’s Fridge is not liable for packages not delivered due to Customer entry error (e.g., incorrect address or incorrect contact information) regardless of delivery service provider (e.g., third parties or Farmer’s Fridge). In order to offer the fastest support, we may ask you to contact the third party service provider directly to inquire about delivery status or for proof of delivery.
6. Products Information.
6.1 Allergen and Nutritional Information. All Farmer’s Fridge production facilities may store, portion, and distribute ingredients that contain the eight (8) major food allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts). While Farmer’s Fridge takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may still occur during production and transit which may cause Products offered in connection with the Services to contain some or all of those allergens. Before consuming any Product, you should determine if, given the nature of your allergies, you wish to undertake such risk. Farmer’s Fridge makes no warranty to you in this regard, and you agree that Farmer’s Fridge shall have no liability to you if you chose to consume foods that may contain an allergen you are allergic to. In addition, due to the variable nature of ingredient availability, nutritional information provided by Farmer’s Fridge may differ from the nutritional information published.
6.2 Ingredient and Product Substitutions. Due to market conditions and product supply beyond its control, Farmer’s Fridge reserves the right to adjust the quantity of any ingredients in a Product, to discontinue the use of any ingredient or Product, or to substitute any ingredients in a Product or an item, without notice to Customer. Prior to consumption, please be sure to carefully check all individual Product packages for the most updated information regarding ingredients and nutritional content for all Farmer’s Fridge Products, including new and improved items. Availability of Products may change without notice. Farmers’ Fridge is not responsible for the unavailability of product due to discontinuation or popular demand. If a Product substitution is required once an order has been placed, Farmer’s Fridge will make reasonable efforts to notify you prior to shipment; however, if you do not make a Product substitution, we may make one for you (which substitution will be binding upon you). Please note, that if a Product substitution results in any order falling below the minimum, if any, for delivery, you may be charged a new delivery fee. Any future release, update, or other addition to the Products shall be subject to this Agreement.
7. Refund Policy. In the event that you are unhappy with any part of your Farmer’s Fridge order, you can reach out to us within seven (7) days of the date you received the unsatisfactory item by emailing email@example.com or calling Customer Support at (312) 229-0099. If related to the condition of an item, Farmer’s Fridge, at its reasonable discretion, may give you a credit for the individual item or delivery, and in some situations, issue a partial or full refund. We reserve the right to require either a photograph or return of the unsatisfactory item before any refund or credit will be issued. If you refuse delivery of a Product because you skipped or canceled the order prior to the cancellation deadline for that order and you are able to provide documentary evidence of such skip or cancellation (for instance, a time-stamped email), Farmer’s Fridge will process a credit or a full refund (including any applicable delivery charges) as soon as practicable and, in any case, within 30 days of your cancellation request.
If you refuse delivery of a Product for any other reason, Farmer’s Fridge will notify you within a reasonable period of time whether you are entitled to a credit or a refund (and, if so, the amount) by phone or email. If we determine that you are entitled to a credit or a refund, Farmer’s Fridge will process such credit within thirty (30) days of communicating its decision to you. Refunds will usually be provided using the same method you used to pay for your purchase.
8. Rewards Program and Sweepstakes
8.1 Farmer's Fridge may offer you an opportunity to access and participate in the My Fridge Rewards program ("My Fridge Rewards") which is described below under the heading “My Fridge Rewards Terms”.
8.2 The Services may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
9. Warranties; Indemnity; Disclaimer.
9.1 Customer represents and warrants to Farmer's Fridge that it has all rights in the Customer Content necessary to grant Farmer's Fridge the rights granted herein.
9.2 Customer agrees to inspect all Products at the time of purchase or delivery by Farmer’s Fridge or a third party provider to ensure the Products are not adulterated, spoiled, or otherwise harmful. Customer shall properly handle, refrigerate (where applicable), and store all Products. Title to and risk of loss of each Product will pass to Customer upon the delivery of such Product to Customer.
9.3 Customer agrees that it will not use the Services to:
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any person or entity; (ii) Customer does not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Farmer's Fridge, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Farmer's Fridge or its users to any harm or liability of any type;
b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
c) violate any applicable local, state, national, foreign, or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent Customer's affiliation with any person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
9.4 Indemnification. Customer agrees to indemnify and hold Farmer's Fridge and its affiliates and their officers, employees, directors, and agents (collectively, "Indemnitees") harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to Customer's use of the Products and/or Services, any Customer Content, Customer's connection to the Services, Customer's violation of this Agreement, or Customer's violation of any rights of another.
9.5 Disclaimers. YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FARMER'S FRIDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FARMER'S FRIDGE MAKES NO WARRANTY THAT (I) THE PRODUCT OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FARMER'S FRIDGE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FARMER'S FRIDGE AND THE FARMER'S FRIDGE INDEMNITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FARMER'S FRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND/OR RECEIVE PRODUCTS AND/OR ANY OTHER MATTER RELATING TO THE SERVICES OR PRODUCTS. IN NO EVENT SHALL FARMER'S FRIDGE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCTS AND/OR SERVICES OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS AND SERVICES.
11. Force Majeure. Farmer’s Fridge will not be liable for or be considered to be in breach of or default under this Agreement on account of any delay or failure to perform due to any condition beyond Farmer’s Fridge’s reasonable control, including, but not limited to, acts of God, epidemics, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications or internet service failures or delays or failures involving hardware, software or power systems, denial of service or inability to obtain energy (each a “Force Majeure Event”).
12. Dispute Resolution by Binding Arbitration.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
12.1 Agreement to Arbitrate. This section is referred to in this Agreement as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Farmer's Fridge, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Products, the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Farmer's Fridge are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
12.2 Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND FARMER'S FRIDGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FARMER'S FRIDGE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
12.3 Pre-Arbitration Dispute Resolution. Farmer's Fridge is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Farmer's Fridge should be sent to: Farmer's Fridge at 2000 W. Fulton Street Suite F-310, Chicago, IL 60612. ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Farmer's Fridge and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Farmer's Fridge may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Farmer's Fridge or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Farmer's Fridge is entitled.
12.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Farmer's Fridge and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Farmer's Fridge agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
12.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Farmer's Fridge will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Farmer's Fridge will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Farmer's Fridge will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
12.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
12.7 Severability. Without limiting the severability provision in this section of this Agreement, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Agreement will continue to apply.
12.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Farmer's Fridge agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Farmer's Fridge written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
13. Notice for California Users. Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Customer may contact Farmer's Fridge in writing at: 2000 W. Fulton Street Suite F-310, Chicago, IL 60612, or by email at email@example.com.
14. Termination. You agree that Farmer's Fridge, in its sole discretion, may suspend or terminate your My Fridge Rewards account (or any part thereof) or use of the Services at any time, for any reason. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Farmer's Fridge may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice. Further, you agree that Farmer's Fridge shall not be liable to you or any third party for any termination of your access to the Services and the Products.
15. General. This Agreement constitutes the entire agreement between you and Farmer's Fridge with respect to the subject matter hereof and governs your use of the Services and Products, superseding any prior agreements between you and Farmer's Fridge with respect to the Services and/or Products. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Except as provided for in the Dispute Resolution by Binding Arbitration section above, you and Farmer's Fridge agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Chicago, Illinois. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SECTION 9, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS. The failure of Farmer's Fridge to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that such arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Products, the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Services.
Subject to this Agreement, Farmer's Fridge is pleased to offer you an opportunity to access and participate in the My Fridge Rewards program ("My Fridge Rewards") at participating Fridges. Farmer's Fridge reserves the right to change, modify, and/or eliminate My Fridge Rewards and/or all or any portion of this Agreement or any policy, FAQ, or guideline pertaining to My Fridge Rewards at any time and in its sole discretion. Your participation in My Fridge Rewards confirms your acceptance of this Agreement and any such changes or modifications. If you do not agree to this Agreement, you must stop participating in My Fridge Rewards.
The My Fridge Rewards program is intended for personal use only. Commercial use is prohibited. This program is not targeted towards, nor intended for use by, anyone under the age of 13.
My Fridge Rewards is one way in which Farmer's Fridge endeavors to reward and thank loyal customers for patronizing our business at our Fridges. Members of My Fridge Rewards are able to earn and accumulate points called "Greens" that can be redeemed for My Fridge Rewards benefits, also known as "Rewards," at participating Farmer's Fridge locations. Unfortunately, not all Fridges may have the ability to award Greens or honor Rewards at this time. Visit the Fridge Locator to find the location nearest you where you can earn points or redeem Rewards. Rewards and Greens are not awarded for delivery purchases at this time.
JOINING FARMER'S FRIDGE REWARDS
There are two (2) ways to enroll in My Fridge Rewards and begin accumulating Greens:
1. Download the Farmer's Fridge mobile app to your device. Follow the prompts to create an account and register a phone number and email address.
2. Follow the prompts at participating Fridges to create and register a phone number and email address. You will need to use the same contact information when setting up your account on the mobile app.
The registration process may require that you provide the following information: username, password, email address (required in order to receive all eligible Greens), physical address, telephone number, birthday, name, and marketing preferences. You may only have one (1) account that is personal to you.
The benefits that are available to you through My Fridge Rewards are based on the number of Greens that you earn. You can earn Greens by making purchases at any Farmer's Fridge location and entering the phone number used to create an account on the Fridge at time of purchase.
You will earn Greens based on the value of your purchase at the rate of one (1) Green for every Two Dollars ($2.00) you spend when your phone number is entered on the Fridge at time of purchase. Some exclusions apply. Taxes, tips, donations, and fees may also be excluded and ineligible for accrual of Greens. Greens may be earned and awarded in fractional amounts depending on the value of your purchase.
Generally, Greens for qualifying purchases from participating Fridges are automatically added to your account within twenty-four (24) hours. From time to time, we, or others acting with our permission, may offer you special promotions that offer you "Promotional Greens." Promotional Greens, such as "bonus" Greens, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
If you void or are refunded for a purchase made at a Farmer's Fridge location, Farmer's Fridge will deduct the Greens that you were awarded for that purchase, potentially resulting in a negative Green balance on your account.
You can view and track your Greens balance within the Farmer's Fridge mobile app. Farmer's Fridge reserves the right to change the number of benefit levels and to change the benefits and Rewards associated with each level in its sole discretion at any time.
By registering your Rewards account, you are automatically entered into the "Entry Level" of Farmer's Fridge Rewards. Rewards may include:
1. Early or extended access to certain promotions and offers. Farmer's Fridge may offer Farmer's Fridge Rewards members early or extended access to special menu items or discounts. Members may take part in these offers by entering their phone number on the Fridge at time of purchase.
2. Personalized offers and coupons. Special offers may be distributed by email, through push notifications via the app, by SMS text, or by physical mail. You may opt-out of receiving promotional and marketing offers from Farmer's Fridge by sending an email to firstname.lastname@example.org, expressing your desire to opt out of these efforts, or by replying STOP via text when prompted. Special offers may be customized based on purchase behaviors and preferences. Special offers may include periodic discounts on food, beverages and merchandise, or the opportunity to earn "bonus" Greens. Special offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied, or transferred. Read each offer carefully for specific details, expiration dates, limitations and restrictions, and to learn when bonus Greens will be awarded to your account.
There are no membership fees associated with My Fridge Rewards. Greens accumulated under the program are promotional and have no cash value.
Your Greens, Rewards, and your account under My Fridge Rewards are personal to you and may not be sold, transferred, assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one (1) My Fridge Rewards account that is personal to you.
Without notice to you, Farmer's Fridge reserves the right to suspend and/or terminate your account and/or your participation in My Fridge Rewards if Farmer's Fridge determines in its sole discretion that you have violated these Reward Terms, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent, or otherwise unlawful. Farmer's Fridge may, in its sole discretion, suspend, cancel, or combine accounts that appear to be duplicative. In the event that your participation in Farmer's Fridge Rewards is terminated, then all accumulated Greens in your account are void.
Without notice to you, Farmer's Fridge also reserves the right to "unregister" and make ineligible for the My Fridge Rewards program any account that has been inactive for two (2) consecutive years. Inactive is defined as no Greens earned. In the event that your Farmer's Fridge account is unregistered or rendered inactive, then all accumulated Greens in your account are void.
Farmer's Fridge reserves the right to terminate, discontinue, or cancel the My Fridge Rewards program at any time and in its sole discretion without notice to you.