Last Updated: November 19, 2017
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 Sites 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.
TableRunner reserves the right to change or modify these Terms at any time and in our sole discretion. You agree to check this section periodically to be aware of any changes and your continued use of the Sites shall be considered your agreement to any modified Terms. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the meals or other products made available through the Sites (collectively, the “Products”).
1. TABLERUNNER DESCRIPTION
TableRunner manufactures and distributes prepared meals made without preservatives, antibiotics, hormones, and artificial ingredients. Our menu rotates weekly and with the availability of seasonal ingredients.
The Sites are only intended for use by persons over the age of 18. By using the Sites, 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 Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one TableRunner account, 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 features, functionalities, services, user interfaces and products that we are considering incorporating into our Sites or Products. We reserve the right to include or exclude you from these tests without notice.
4. SUBSCRIBERS, REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
To become a Subscriber to our Products and use certain areas or features of the Sites, you must register a TableRunner account. We are under no obligation to accept or to continue any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion at any time. We reserve the right to delete or change your email, password or account information at any time and for any reason. TableRunner will not be liable for any loss or damage caused by any unauthorized use of your account.
4.2 Registration and Account
By registering, you agree to (a) create an account, (b) provide accurate, current and complete account information, (c) maintain and promptly update, as necessary, your account information, (d) maintain the security of your account credentials, (e) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (f) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
4.3 Communication Preferences
By creating a TableRunner account, you also consent to receive electronic communications from TableRunner (e.g., via email or by posting notices to the Sites). 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.
5. Terms of Sale
5.1 Meal Subscriptions; Delivery Area; Continuous Subscriptions; Cancellation Policy
Meal Subscriptions. We offer different subscription plans for our prepared meals (each, a “Meal Subscription”). Depending on the Meal Subscription you select, the amount you are charged may vary from week to week based on the number of meals you receive. If your Meal Subscription changes, the applicable weekly Meal Subscription price may also change. Changing your Meal Subscription may also change any applicable shipping and handling charges and meal delivery times. We reserve the right to change prices or other charges associated with our various Meal Subscription plans without notice. You agree to check the Meal Plan page to be aware of any changes to our Meal Subscription plans.
Delivery Area. We deliver only within California.
Continuous Subscriptions. WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) TABLERUNNER (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE LOCATED ON YOUR SUBSCRIPTION PAGE.
Cancellation Policy. YOU MAY CANCEL YOUR MEAL SUBSCRIPTION AT ANY TIME BY UTILIZING THE CANCEL BUTTON ON YOUR SUBSCRIPTION PAGE. ANY MEAL ORDER IDENTIFIED AS “PROCESSED” OR “SHIPPED” ON YOUR ORDERS PAGE, HAS BEEN PROCESSED AND CANNOT BE CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MEAL SUBSCRIPTION.
5.2 Promotional Discounts and Free Trials
TableRunner will, at certain times, offer promotional discounts, including free trials to the extent legally permitted, (collectively, the “Introductory Promotion”) of certain Meal Subscriptions to new registrations.
INTRODUCTORY PROMOTIONS ARE LIMITED TO ONE (1) PER HOUSEHOLD.
ONCE YOUR INTRODUCTORY PROMOTION ENDS, YOU AGREE TO BE AUTOMATICALLY ENROLLED INTO CONTINUOUS SUBSCRIPTION. ONCE YOUR INTRODUCTORY PROMOTION ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT ORDER BEING PROCESSED. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MANAGE YOUR SUBSCRIPTION AND UNDERSTAND WHEN YOUR INTRODUCTORY PROMOTION ENDS AND YOUR SUBSCRIPTION HAS BEGUN. WE WILL NOT NOTIFY YOU WHEN YOUR INTRODUCTORY PROMOTION ENDS.
5.3 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 processor) to charge your payment method for the total amount of your subscription or other 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. If a payment is not successfully settled and you do not edit your payment method information or cancel your Meal Subscription, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that you are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement.
TableRunner reserves the right to execute a $1 authorization or temporary charge on your credit card to verify that your account is valid and that the information you provide is correct. This authorization does not cost you anything and will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your bank's rules). If you experienced trouble during the credit card authorization process, you may see multiple $1 authorizations.
5.4 Order Processing
Orders are processed every Sunday at 12:00 AM Pacific Daylight Time. You must select your menu items, update your delivery status, update your subscription status, or cancel your membership by Saturday 11:59PM Pacific Daylight Time prior to orders being processed a12:00 AM Pacific Daylight Time Sunday.
5.5 Pricing and Availability
All prices 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.
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. If you are not satisfied with a substitution, please contact us at email@example.com.
Our kitchen has a limit to the number of subscribers we can prepare food for. If our subscriber growth is greater than our kitchen capacity, then we will no longer accept new subscribers.
5.6 Shipping and Handling
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,without notice. You agree to check the Meal Plan page to be aware of any changes to our Meal Subscription plans and any other associated charges, including shipping and taxes.You agree that you will not obtain, or direct shipment of, a Product for export.
All Products purchased from us are made pursuant to a shipment contract. You agree that title to and risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.
You are responsible for inspecting your package upon arrival to ensure (a) the Products arrive in a cool, refrigerated condition, (b) seals on the Products are intact and completely sealed, and (c) the Products are not damaged. In addition, you are solely responsible for determining the freshness of the Products you receive. If you have any reason to believe that any 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 delivery 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 . We also recommend that all heating instructions be followed and that you use a food thermometer to ensure that all meat, poultry, pork and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here . Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne 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 .
If you are not at home when your meal delivery arrives, the courier will leave the package for you at your door. Our meals are packaged with insulated liners and gel packs and will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your meals prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery 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 deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your meals is not feasible, we will cancel your meal delivery for the period so affected and issue you a Credit (as defined below) or refund of the purchase price for that meal delivery.
5.8 No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
5.9 Returns, Replacements, Refunds, and Credits
If you are dissatisfied with a meal for any reason, please contact us at email@example.com within seven (7) days of the date you received the meal. Depending on the circumstances, we may, in our sole discretion, replace the meal at our expense, or provide you with Credits for that meal that will automatically be applied to future deliveries under your Meal Subscription. If you are dissatisfied with a meal for any reason, we will not provide you a full or partial refund of the purchase price for that meal.
If any meal Product you receive arrives with tray seal damaged, please contact us at firstname.lastname@example.org within seven (7) days of the date you received the meal Product and attach photographic asset(s) of the damage. Depending on the circumstances, we may, in our sole discretion, replace the meal Product at our expense, provide you with a full or partial refund of the purchase price of the damaged meal Product, or provide you with Credits for the damaged meal Product that will automatically be applied to future deliveries under your Meal Subscription.
We require photographic documentation of any damaged meal Product before we provide you with a refund, replacement, or Credit.
We may require the return of any damaged meal Product before we provide you a refund, replacement, or Credit.
In certain circumstances, such as if we want to thank you for your patience with a delayed delivery or to address another customer service issue, we may provide you customer experience credits of promotional value that may be automatically applied to your next eligible Order under your Meal Subscription, as applicable (“Credits”). Credits may only be redeemed for the type of Product for which they were issued, are promotional in nature, are not transferable, and are not redeemable for cash or other property.
Credits only remain available if you maintain both a valid TableRunner account and an active Meal Subscription. That means that if you cancel your Meal Subscription, any outstanding Credits associated with your cancelled subscription will immediately expire. You may only redeem Credits after they are applied to your TableRunner 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 Subscription related Credit inquiries. All decisions regarding your Credit balance will be determined in our sole discretion and are final.
6. Rights in User Content
The Sites may include features that allow users to create, post, share or store content, including, but not limited to, reviews, photos, text, graphics or other materials (collectively, “User Generated Content” or “UGC”). You agree that you are solely responsible for your User Generated Content and for your use of any interactive features and areas of the Sites.
If you upload, post or submit User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., TableRunner’s Facebook page), you hereby grant TableRunner 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 Generated 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 Generated Content to TableRunner through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that such UGC is legal, lawful, not misleading or harmful in any manner. TableRunner is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
The Sites contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of TableRunner (collectively referred to as the "Content"). The Content may be owned by us or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, other than your own User Generated Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Site, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of TableRunner (the "TableRunner Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of TableRunner. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with TableRunner Trademarks, the "Trademarks"). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of TableRunner Trademarks inures to our benefit.
8.WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
You, and not TableRunner, are solely responsible for the proper storage, heating and consumption of the meals and Products.
We make no warranties or representations about the site, the services, the meals, the content, the trademarks, the products on the site, and all of the foregoing are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from course of dealing, course of performance, or usage of trade. You agree that you use the site and the services at your own risk. In no event shall TableRunner be liable for any incidental and consequential damages, lost profits, or damages (resulting from lost data or business interruption) resulting from your purchase of the meals or your use or inability to use the site or the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by law. In all cases, our maximum liability to you (and anyone claiming rights through you) shall be capped at the monies paid by you to TableRunner in the one (1) month period preceding the date on which your claim arose.
TableRunner does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the Sites or Products. We do not warrant that the functions provided by the Sites will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.
TableRunner has made every effort to display the meals, the products, colors, and other things you see on the site as accurately as possible. However, the final meals and products delivered may vary from the images viewed on the site due to a number of factors that are not within our control, including, without limitation, system capabilities and constraints of your computer, manufacturing process issues, and the availability and variability of product and raw materials. Although we will exercise commercially reasonable efforts to help ensure that the meals and products conform to your expectations, variations sometimes occur. All meal and product pricing, specifications, and offerings are subject to change without notice. The Sites may contain information on meals, services, and products that are not available in every location. A reference to a meal, service, or product on the Sites does not imply that it is or will be available in your location. The Sites may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Site or the Services.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Sites or the Products, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Sites or the Products at any time without prior notice or liability.
11. COMPLIANCE WITH APPLICABLE LAWS
The TableRunner Sites and Products are all based and operated in specific jurisdictions where it provides its Products. We make no claims concerning whether the Sites material may be downloaded, viewed, or be appropriate for use in other locations. If you use the Sites from other locations, you do so at your own risk. You are responsible for compliance with the applicable local laws.
12. EXTERNAL SITES
The Sites may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
13. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with TableRunner or relating in any way to your use of the Products or Sites resides in the federal and state courts of California and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of California in connection with any such dispute, including any claim involving TableRunner Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be permanently barred. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect.
14. ENTIRE AGREEMENT
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
15. ACCEPTABLE USE
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to:
(a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail;
(b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
(c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
(d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
(e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions;
(f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Service or any other computer network;
(g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or
(h) engage in any other activity deemed by TableRunner to be in conflict with the letter or intent of this Agreement.