Terms and Conditions
Effective Date: December 20, 2017
Introduction
These Terms and Conditions govern your use of the web site owned and controlled by The Safe + Fair Food Company, a Delaware limited liability company, including www.safeandfair.com and store.safeandfair.com. Our site is intended solely for the use of lawful residents of the United States.
By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Company, you agree to and are bound by the Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration and a choice of Illinois law.
Ownership of the Site
All pages within this web site and any material made available for download are the property of The Safe + Fair Food Company or its licensors or suppliers, as applicable. The web site is protected by United States copyright and trademark laws. This includes all contents of the web site, including but not limited to design, layout, look, appearance, graphics, logo, character, and web site content. Reproduction is prohibited except in cases of our company blog or allergen information and resources where individual reproduction for personal, non-commercial use is permitted as long as The Safe + Fair Food Company is credited as the source. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information of The Safe + Fair Food Company without our express written consent.
Unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any of your intellectual property rights, please contact us immediately at the address provided below. Except as expressly provided herein, we and the third parties reserve all rights with respect to the materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright three times.
Trademarks and service marks that may be referred to on this site are the property of Safe + Fair or their respective owners. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Safe + Fair or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior written permission. You are not authorized to use our logo as a hyperlink to this site unless you obtain our written permission in advance, although we permit you to use certain designated features of the site to use our logo as a hyperlink for designated purposes.
Errors
This web site provides users with access to a rich collection of online resources provided for general information and convenience. BE AWARE THAT IT MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY, OR RELIABILITY OF ANY CONTENT AND WILL NOT BE LIABLE FOR ANY LACK OF THE FOREGOING. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE SUBJECT IS MADE ENTIRELY AT YOUR OWN RISK.
The Safe + Fair Food Company may occasionally provide links to other web pages outside our domain solely as a convenience to you. We cannot be held responsible for information or other links you may find there. The third party sites are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.
The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that we are in any way affiliated with the linked site. The site does not incorporate any materials appearing in such linked sites by reference. We reserve the right to terminate a link to a third party web site at any time.
Content Usage
This web site contains materials which are owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance, graphics, logo, character, and web site content. Reproduction is prohibited except in cases of our company blog or allergen information and resources where individual reproduction for personal, non-commercial use is permitted as long as The Safe + Fair Food Company is credited as the source.
Health Advisory
This web site offers resources for navigating food allergies, but it is not meant to provide health advice or diagnoses. Not all products are safe for all people at all times. We recommend consulting your physician to pursue food allergy diagnosis, management, and nutrition plans that are safe for your unique situation.
Shipping
We will ship only to addresses located in the United States including P.O. Boxes. Please note we currently do not ship to Alaska or Puerto Rico.
Refund Policy
The Safe + Fair Food Company is committed to providing great tasting, clean label food at great prices, and we stand by the quality of our products. If you have any issues with our products, please contact us via support@safeandfair.com, within 90 days of purchase, and we promise to try to set things right. Fair is part of our name.
Online Payments
The Safe + Fair Food Company accepts credit and debit cards(including MasterCard, Visa, American Express, Discover, Diners Club and JCB) issued by U.S. banks through our web site, as well as Apple Pay, although a third party actually processes the credit and debit cards. You represent and warrant that if you are making online payments that (i) any credit card or debit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Disclaimer of Warranties
THE SAFE + FAIR FOOD COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. THIS WEB SITE IS PROVIDED “AS IS,” WITH ALL DEFAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND LINKED WEB SITES. ADDITIONALLY, NOTHING CONTAINED ON THIS WEB SITE SHALL BE CONSTRUED AS PROVIDING CONSULT OR ADVICE TO YOU.
Limitation of Liabilities
IN NO EVENT SHALL THE SAFE + FAIR FOOD COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEB SITE, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE, AND THE SAFE + FAIR FOOD COMPANY, INCLUDING ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEB SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $40, whichever is less.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Exclusions And Limitations; Consumer Protection Notice. If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. If you are a New Jersey consumer, the terms of “Links” section above do not limit or waive your rights as a consumer under New Jersey law and the provisions in this Policy are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, we reserve all rights, defenses and permissible limitations under the law of your State of residence.
Prohibited Actions
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the site to human perceivable form or create derivative works based upon the site or any part thereof; (b) disable any licensing or control features of the site; (c) introduce into the site any virus or other code or routine intended to disrupt or damage the site, or alter, damage or delete any materials or retrieve or record information about the site or its users; (d) merge the site or materials with another program or create derivative works based on the site or materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the site or materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the materials or access to the site to others; (g) use, or allow the use of, the site or the materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the site. Except as expressly provided herein, Safe + Fair and the third parties reserve all rights with respect to the site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You shall not access or use the site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the site.
You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the site if you do so for commercial purposes.
Indemnification
You hereby indemnify to the fullest extent The Safe + Fair Food Company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Site Controlled from United States.
This site is controlled from offices within the United States. We make no representation that content or materials in this site are appropriate or available for use in other jurisdictions. Access to this site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF ILLINOIS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF COOK COUNTY, ILLINOIS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Applicability of Terms and Conditions
These Terms and Conditions apply to all users of the web site, including, without limitation, registered and unregistered users.
Entire Agreement; Severability.
You acknowledge that you have read and understood these Terms and Conditions and that you agree to be bound by them. You further agree that these Terms and Conditions, together with the Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference, constitute the complete and exclusive statement of the agreement between you and Safe + Fair and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is found unenforceable, it shall not affect the validity of this agreement, which shall remain valid and enforceable according to its terms.
Representations, and Limitations of Liability
Company makes no representations about the reliability of the features of this Site, the Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
- YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
- Binding Arbitration, Jury Waiver, and Class Waiver
You and Company agree that any controversy or claim arising out of or relating to the Site, use of the Site, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in Illinois, or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267.
The arbitrator(s) shall be selected pursuant to the JAMS Rules and Procedures.
The arbitrator(s) shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law.
THE ARBITRATOR(S) HAVE NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR COMPANY AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, ARBITRATOR(S) SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
From time to time we may update this Site and these Terms. Your continued use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Such updates will not apply retroactively. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
Contact Us
For further information, or inquiries about these Terms and Conditions, please contact:
Chief of Operations
The Safe + Fair Food Company
1 N. LaSalle St.
Suite 1515
Chicago, IL 60602