Terms and Conditions of Use
Last Updated: August 15, 2020
Welcome to Comfort Keto and our Terms and Conditions of Use (“Terms”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Site on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
Comfort Keto reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site or order, receive or use Products, you confirm your acceptance of the Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.
The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you:
(a) are 18 years of age or older,
(b) are a legal resident of the United States,
(c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site,
(d) have not created or do not have more than one Comfort Keto account, unless expressly permitted by Comfort Keto, and
(e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
We continually test new programs, functionalities, services, options, initiatives, user interfaces, products and other features that we are considering developing, adding or incorporating into our Site or Products (collectively, "Pilot Program Features"). We reserve the right, in our sole discretion, to include or exclude you, from these tests without notice and to discontinue or to modify any Pilot Program Feature at any time, for any or no reason, without prior notice and with no liability, to the fullest extent permitted by applicable law.
3. Registration, Account and Communication Preferences
To access and use certain areas or features of the Site, you will need to register for a Comfort Keto account. By creating an account, you agree to:
(a) provide accurate, current and complete account information,
(b) maintain and promptly update, as necessary, your account information,
(c) maintain the security of your account credentials,
(d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and
(e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.
You further understand and agree that Comfort Keto may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
By creating a Comfort Keto account, you also consent to receive electronic communications from Comfort Keto (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By providing your mobile phone number to us through the Site or in connection with your order, receipt or use of our Product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of Comfort Keto, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of our Product. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Comfort Keto processes your request.
It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.
4. Terms of Sale
4.1. Meal Orders
We offer non-subscription purchasing option for all our prepared keto meals. The number of meals you receive and the amount you are charged may vary from week to week depending on the dietary preferences and other selections you make. For example, you have the flexibility to choose the number of meals you receive each week based on published available offers for the respective week. The weekly meal packages are offered as published on our website. No changes or substitutes are available for the weekly meal packages. If we change the prices or other charges associated with our various meals and/or weekly meal packages, we will provide you with notice of such changes, such as by email or a notice posted on our Site. The fees for the meals may be subject to change in the future. For more information about the pricing of our meals, please visit the shopping platform on our website. Note that we currently offer pick up locations in the Riverside County only.
THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND YOU MAY SKIP YOUR WEEKLY MEAL ORDER AS OFTEN AS YOU'D LIKE.
4.2. Cancellation Policy.
YOU MAY CANCEL YOUR ORDER FOR MEALS ONLINE AT ANY TIME BY CONTACTING US at email@example.com .
ANY MEAL ORDER(S) IDENTIFIED AS “PROCESSING” ON YOUR UPCOMING PAGE, HOWEVER, CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER IDENTIFIED AS "PROCESSING" PRIOR TO THE CANCELLATION OF YOUR ORDER.
4.3. Comfort Keto Market:
The Comfort Keto Market occasionally offers to its customers the opportunity to purchase various kitchen, cookware, bakeware, pantry and other third party Products.
4.4. Free Trials:
From time to time, to the extent legally permitted, we may offer free trials of certain products for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are limited to one (1) per household. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
4.5. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processors Wix.com and/or PayPal) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, purchase of a Comfort Keto Market Product, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processors Wix.com and/or PayPal) to charge your payment method for the corresponding amount.
4.6. Pricing and Availability
All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice from time to time. We will provide advance notice of such changes in a timely manner. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of meals to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Order in accordance with the cancellation policies set forth in Section 4.1.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time.
We will collect applicable sales, use and other tax (collectively, "Tax") on Products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
We will collect the simplified sellers use tax on Products delivered in California and the tax will be remitted on your behalf to the California Department of Revenue.
4.8. Shipping, Pick-up and Handling
We only ship various kitchen, cookware, bakeware, pantry and other third party Products which we occasionally offer on our website's Comfort Keto Market section. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from our Site, any shipping times shown are estimates only. Actual delivery dates may vary. All Comfort Keto Market Products purchased from us are made pursuant to a shipment contract. This means that when you purchase a Comfort Keto Market Product that is fulfilled by us, title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.
Due to the perishable nature of our weekly meal packages, we do not ship our fresh prepared meals. Comfort Keto has local partners in "select" towns in the Riverside County who provide one-day-a-week curb-side pick-up service for weekly meal packages paid for by "local" Comfort Keto online customers. Available pick up locations are regularly published on our website.
You are responsible for inspecting all Products for any damage or other issues upon pick-up. In addition, you are solely responsible for determining the freshness of the Products you receive.
In the unlikely event that you have reason to believe that a Product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org, and discard the item.
To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon pick-up and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. Failure to follow safe food handling practices may increase the risk of food-borne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
Our meals may be packaged with insulated liners and gel packs and our pick-up location partners will keep the Products cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of pick-up, advance planning by you should be made for immediate and proper storage of your meal ingredients prior to consumption. In certain instances, you may be able to provide additional pick-up instructions when setting up your Comfort Keto account, such as requesting that your pick-up will be done by some one else. Any individual assigned by you who accepts the Products from us is presumed to be authorized to receive such Products at the pick-up location specified on your order. In case you have designated an alternative receiver, such person shall accept the Products under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to process your Order, we will attempt to fill your Order as soon as reasonably possible. If timely readiness of your meals at the pick-up location is not feasible, we may cancel your order for the period so affected and issue you a Credit or refund of the purchase price for that meal package.
4.10. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
4.11. Returns, Replacements, Refunds, and Credits
DUE TO THE PERISHABLE NATURE OF OUR PRODUCT, WE DO NOT ACCEPT RETURNS. If you are dissatisfied with a meal ordered on our Site for any reason, please contact us at email@example.com WITHIN TWELVE (12) HOURS FROM RECEIVING YOUR ORDER. Depending on the circumstances, we may, in our sole discretion, replace the meal(s) at our expense, provide you a full or partial refund of the purchase price for that meal, or provide you with Credit for that meal that will automatically be applied to future Orders. Notwithstanding the foregoing, Credits for certain types of Meal Purchases may require additional action on your part (we may require photographic documentation of any Product that you are dissatisfied with) in order for refund, replacement, or Credit applied to future purchases.
If you are dissatisfied with any non-consumable Product you purchased from Comfort Keto Market, you may return such Product within seven (7) days of the date you received such Product by contacting firstname.lastname@example.org and following the shipping instructions we provide; provided, that all such returned Products must be unused and in their original packaging. After we receive such returned Product, we will issue you a refund for the price you paid for such Product (less any applicable shipping and handling charges). Comfort Keto Market does not take title to returned Product purchased through the Comfort Keto Market until such Product arrives back at Comfort Keto Market's or its third party designee’s fulfillment center, as applicable.
In certain circumstances, such as if we want to thank you for your patience with a delayed pick-up readiness or to address another customer service issue, we may provide you customer experience credits of promotional value that will be automatically applied to your next eligible Order as applicable (“Credits”). Credits may only be redeemed for the type of Product for which they were issued (i.e., Credits for a meals may only be applied to future deliveries under your Meal Purchase, as applicable.) In addition to the foregoing, Credits for certain types of Meal Purchases may only be applied to future orders of the specific type of Meal Purchase for which they were issued. Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property.
Credits only remain available if you maintain a valid Comfort Keto account. That means that if you cancel your Comfort Keto account, any outstanding Credits associated with your cancelled Comfort Keto account will immediately expire. You may only redeem Credits after they are applied to your Comfort Keto account. If for some reason you believe that there is a discrepancy regarding your Credit balance, please contact us at email@example.com for Meal Purchase-related Credit inquiries. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
5. License to Access and Use Our Site and Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Comfort Keto logo, MyKetoPal logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Comfort Keto or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to
(a) sell, resell or use commercially the Site or Content,
(b) distribute, publicly perform or publicly display any Content,
(c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof,
(d) use any data mining, robots or similar data gathering or extraction methods,
(e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, and
(f) use the Site or Content other than for their intended purposes.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Comfort Keto. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by Comfort Keto or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Site by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Site infringes any copyright that you own or control, you may file a notification of such infringement with us.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Comfort Keto,” the Comfort Keto logo, MyKetoPal logo, La Fogata logo and any other Comfort Keto Product or service names, logos or slogans that may appear on the Site or Products are trademarks of Comfort Keto or La Fogata respectively and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Comfort Keto” or any other name, trademark or Product or service name of Comfort Keto without our prior written permission. In addition, the look and feel of the Site and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Comfort Keto and MyKetoPal may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Site or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Comfort Keto.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Comfort Keto or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Comfort Keto logo or other proprietary graphic of Comfort Keto to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Comfort Keto trademark, logo or other proprietary information, including the images found on the Site or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.
Comfort Keto makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site or of websites linking to the Site. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. Except as otherwise provided herein, when you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
9. Third Party Content
We may display content, advertisements and promotions from third parties through the Site or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from such user and Comfort Keto;
Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access;
Develop any third party applications that interact with User Content or the Site without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
11. User Content
The Site may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). If you decide to share your User Content with others through the Site or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Site.
By using the interactive features and areas of the Site, you further agree not to create, post, share or store any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that impersonates, or misrepresents your affiliation with, any person or entity;
User Content that references or depicts Comfort Keto or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Comfort Keto employee or paid blogger);
User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
User Content that contains any private or personal information of a third party without such third party’s consent;
User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site or Products, or that may expose Comfort Keto or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
12. Rights in User Content
If you submit content you own, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., Comfort Keto’s and MyketoPal's Facebook page, Instagram page, Pinterest page or Twitter feed), you hereby grant Comfort Keto a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to Comfort Keto through the Site or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Comfort Keto to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Comfort Keto, the Site or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Comfort Keto. Comfort Keto shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Comfort Keto, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Comfort Keto Parties”), from and against all actual or alleged Comfort Keto Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
(a) any use or misuse of the Site, Content or Products by you or any third party you authorize to access or use such Site, Content or Products,
(b) any User Content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms,
(c) any Feedback you provide,
(d) your violation of these Terms, and
(e) your violation of the rights of another. You agree to promptly notify Comfort Keto of any third party Claims, cooperate with the Comfort Keto Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Comfort Keto Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Comfort Keto.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, HEATING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, GLUTEN, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND.
YOU FURTHER AGREE THAT THE PRODUCTS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMFORT KETO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
16. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMFORT KETO PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY COMFORT KETO PARTY, OR FROM EVENTS BEYOND THE COMFORT KETO PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMFORT KETO PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMFORT KETO PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM COMFORT KETO MARKET, LLC EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF MEAL INGREDIENTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE COMFORT KETO PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE COMFORT KETO PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH COMFORT KETO PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “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.”
THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
17. Modifications to the Site and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of the Products at any time.
18. Governing Law and Venue
These Terms, your access to and use of the Site and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent. permitted by applicable law.
These Terms constitute the entire agreement between you and Comfort Keto relating to your access to and use of the Site and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Comfort Keto. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Comfort Keto’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.