TableRunner® Terms and Conditions


Last Updated: February 01, 2015


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING ANY ASPECT OF THE TABLERUNNER OFFERINGS.


TableRunner, Inc. provides access to our Services subject to the following Terms of Use, which may be updated by us from time to time without notice to you.  Your use of the website (“Site”) constitutes your agreement that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Policy, (collectively, this “Agreement”). 

This Agreement is an agreement between you and TableRunner, Inc. that states the terms and conditions under which you may use the Site and receive TableRunner service, which includes processing and delivery of product orders (“Service"). You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Terms of Use. If you do not agree to these terms, please do not use the Site or the TableRunner service.

TABLERUNNER DESCRIPTION
TableRunner is a new meal subscription service that delivers a menu of chef-crafted meals made with local, seasonally fresh produce. Our menu changes weekly and with the availability of seasonal ingredients. We do all the hard work of developing recipes, shopping for ingredients, prepping, cooking and cleaning. You simply plate each dish.

TABLERUNNER SATISFACTION GUARANTEE
All of our meals and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, please contact us within seven (7) days after delivery with a description and photograph of the issue, and we’ll either replace the meal at our expense or credit you the price for that meal. Please email us at members@tablerunner.com. . In order for us to continuously improve our products and services, we may request return of the product with which you are dissatisfied.

SUBSCRIBERS
Registration and login is required for all subscribers to our Service. 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.

During the registration process for Subscribers, we will ask you to create an account, which includes setup with email, password, and certain additional information that will assist in authenticating your identity when you log-in in the future.  When creating your account, you must provide true, accurate, current, and complete information.  Each email and corresponding password can be used by only one Subscriber.  You are solely responsible for the confidentiality and use of your email, password, and any other information you provide.  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. 

SUBSCRIBE, HOLD AND CANCEL TIMING
TableRunner makes every meal to order whenever possible, which takes time to source the best ingredients, deliver them to our kitchens, prep, cook, and then deliver to your door. You must subscribe before Saturday 11:59PM Pacific Daylight Time for your first delivery to arrive the following Tuesday. Cancelling and Holding your subscription must be received before Saturday 11:59PM Pacific Daylight Time for it to take affect the following Tuesday. If you miss these deadlines, your subscription, hold, or cancellation will take effect the following week.

AVAILABILITY
We spend a lot of time sourcing the best ingredients for your meals. Our goal is to fulfill 100% of every order, however; from time to time ingredients and products may be unavailable due to market and environment conditions beyond our control or to quality that is below our standards. At times when we have an ingredient that is very similar to the ones listed on our menu and Site, we may make a substitution. If you are not satisfied with the replacement for any reason, please contact us. We reserve the right to limit your order or the quantity of a particular item.

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 for that week.

PAYMENT
You agree that TableRunner may immediately authorize your debit/credit card (or other approved facility) for payment for any charges incurred under your account and that your credit card will be charged every week in which your subscription is active.

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.

As a subscription, we will continue to deliver and charge for our service every week until you cancel it.  You can skip a delivery or cancel your subscription at any time.  Subscription price and availability are subject to change without notice and may vary geographically.

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.

FREE SHIPPING
Customers will receive free shipping for the first year of their subscription. The promotion availability is subject to change and may vary geographically.

DELIVERY
TableRunner uses refrigerated shipping solutions to maintain the quality and integrity of your products. We carefully pack each insulated box with ice packs to keep your products fresh and chilled during delivery. When you receive your insulated box, we recommend that you immediately refrigerate your meals. Your meals should remain chilled until approximately 9pm Tuesday. The actual time may vary if the package is sitting in an environment that is hotter than room temperature. You should inspect your package to ensure the contents arrive in a cool, refrigerated condition.

If something is missing from your order, please contact us immediately.

TableRunner does not deliver to every location, so please check our zip code finder on the Site to see if our Services are available in your area.

DELIVERY METHODS
TableRunner delivers our fresh meals in an insulated box via Ontrac. During transit, contents may shift. Please take care when opening your delivery boxes.

ACCESS
You acknowledge that from time to time the Site or Service may be inaccessible or inoperable for any reason, including, without limitation: equipment malfunctions, periodic maintenance procedures or repairs, or causes beyond our control or which are not reasonably foreseeable by us.

INTELLECTUAL PROPERTY
The Site 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 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.

WARRANTY DISCLAIMER AND LIMITATION OF LIBAILITY
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 site or services. We do not warrant that the functions provided by the site 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 site 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 site does not imply that it is or will be available in your location.  The site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors.    

INDEMNIFICATION
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.

TERMINATION
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 Site or the Services, 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 Site or the Services at any time without prior notice or liability.

COMPLIANCE WITH APPLICABLE LAWS
The TableRunner Site and Services are all based and operated in specific jurisdictions where it provides its Services. We make no claims concerning whether the Site material may be downloaded, viewed, or be appropriate for use in other locations. If you use the Site from other locations, you do so at your own risk. You are responsible for compliance with the applicable local laws.

EXTERNAL SITES
The Site 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.

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 Service or Site 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.

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.

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.